in Intellectual Property Rights in a Networked World, eds. H. Tavani and R. Spinello, 2004.

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It (...) is argued that copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

One of the paradoxes of the free software ideology is its reliance on the legal institutions it was created to object to. One could argue that Free Software Foundation is using copyright to enforce their free software licenses as aggressively as the Business Software Alliance is enforcing its clients’ copyrights. We will show that the reality is more complex and that there is a significant difference: the free software community uses primarily non-legal enforcement methods (...) and trusts on social norms. We argue that free software could be used as a tool to make copyright more accepted in the less developed world because of its positive connection with copyright and community based approach. We explain why strong copyright is also in the interest of free software developers. The article concludes by suggesting that World Intellectual Property Organization should include free software into its development agenda. (shrink)

Researchers in virtually every discipline rely on sophisticated proprietary software for their work. However, some researchers are unable to afford the licenses and instead procure the software illegally. We discuss the prohibition of software piracy by intellectual property laws, and argue that the moral basis for the copyright law offers the possibility of cases where software piracy may be morally justified. The ethics codes that scientific institutions abide by are informed by a rule-consequentialist logic: by (...) preserving personal rights to authored works, people able to do so will be incentivized to create. By showing that the law has this rule-consequentialist grounding, we suggest that scientists who blindly adopt their institutional ethics codes will commit themselves to accepting that software piracy could be morally justified, in some cases. We hope that this conclusion will spark debate over important tensions between ethics codes, copyright law, and the underlying moral basis for these regulations. We conclude by offering practical solutions for researchers. (shrink)

The possible relationship between widespread unauthorized copying of microcomputer software (also known as software piracy) and level of moral judgment is examined through analysis of over 350 survey questionnaires that included the Defining Issues Test as a measure of moral development. It is hypothesized that the higher one''s level of moral judgment, the less likely that one will approve of or engage in unauthorized copying. Analysis of the data indicate a high level of tolerance toward unauthorized copying and (...) limited support for the hypothesis. The most plausible explanation for these findings is that software copying is perceived as an issue of low moral intensity. This study calls into question the software industry''s strategy of concentrating exclusively on institutional compliance with copyright rules, rather than working to raise the perceived moral intensity about software piracy at the individual level. As long as the issue remains low in moral intensity, the industry cannot expect significant shifts in copying behaviors. Individuals must become more aware of and concerned about the nature and magnitude of harm to society and to the rightful copyright owners from unauthorized copying before their attitudes and behaviors come to reflect higher levels of moral judgment. (shrink)

Free software introduces a challenge to the classical conception of individual rights. The model of software licensing given by the General Public License generates the question whether it constitutes an exercise or a wavering of copyright. It is argued in this paper that the later alternative is entrenched in the classical concept of freedom as autonomy, which, by its turn, is reflected in a classical conception of individual rights based on the model of propriety as a dominion (...) over an exclusive object (res). We provide grounds for a concept of non-exclusive individual rights, based on the notion of freedom as reciprocity, in order to obtain more solid legal foundations for the free licensing of software. The concept of freedom as reciprocity and the corresponding reconstruction of non-exclusive subjective rights achieved in this paper is an exercise in general theory of law and thus may be applied to other legal fields where the classical notion of freedom and the property of exclusivity do not fit properly. (shrink)

Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish law (...) recognizes copyright as a property right. And, as in secular law but for different reasons, that issue has significant repercussions in Jewish law. As discussed in rabbinic court decisions and writings, whether Jewish law accords authors a right of ownership in their works impacts such issues as whether it is permissible, without license from the author or publisher, to copy and distribute software and sound recordings, perform music in wedding halls, make copies for private and classroom use, and download songs from the Internet. There are numerous, and at times profound, differences in the terminology, form of argument, doctrinal specifics, and overarching legal framework of Jewish and secular law. Nonetheless, the arguments within the Jewish law debate have some intriguing parallels with those of secular copyright law. In fact, one finds the direct, if largely unstated, influence of secular copyright just below the surface in the debate in Jewish law about whether copyright is property. (shrink)

Computer users copy computer software - this is well-known. However, less well-known are the reasons why some computer users choose to make unauthorized copies of computer software. Furthermore, the relationship linking the theory and the practice is unknown, i.e., how the attitudes of ordinary end-users correspond with the theoretical views of computer ethics scholars. In order to fill this gap in the literature, we investigated the moral attitudes of 249 Finnish computing students towards the unauthorized copying of computer (...) software, and we then asked how these results compared with the theoretical reasons offered by computer ethics scholars. The results shed a new light on students' moral attitudes with respect to the unauthorized copying of software. In particular, this new knowledge is useful for computer ethics teachers, and for organizations seeking to combat this practice. (shrink)

This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property (IP). Computer software can be viewed as IP from both ethical and legal perspectives. The size and growth of the software industry suggest that large profits are possible through the development and sale of software. The rapid growth of the open source movement, fueled by the development of the Linux operating system, suggests another model is possible. The large (...) number of unauthorized copies of software programs suggests that many people do not believe in laws regarding software copyright. There are many and varied views of software as IP, even within the information systems (IS) profession. In this article, four distinct subgroups of IS professionals are identified. The article describes the four subgroups and their respective ideological views on software ownership; it explores the subgroups' attitudes regarding software laws; and finally, it explains the ethical positions embraced by each subgroup. (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: social acceptance of software piracy; the cost of original software; urgency of the subject's need for software; availability of original software; knowledge of computer software copyright law; gender; monthly household income; and education level. It provides new insights to software companies and government (...) officials who are developing programmes to promote the concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

The paper presents an exploratory attempt to analyse self‐reported leniency toward software piracy systematically, using an approach based on empirical factors, rather than ethical factors. The empirical factors studied were: (i) social acceptance of software piracy; (ii) the cost of original software; (iii) urgency of the subject's need for software; (iv) availability of original software; (v) knowledge of computer software copyright law; (vi) gender; (vii) monthly household income; and (viii) education level. It provides (...) new insights to software companies and government officials who are developing programmes to promote the concept of anti‐piracy among software consumers. This is also the first exploratory research to study the interaction effects among factors influencing the reported leniency towards software piracy, at the individual level. (shrink)

It has been debated whether unauthorized copying of computer software is morally justified and whether developers or software companies can own software and require users to pay for its use. Four views in favour of unauthorized copying of software can be distinguished: 'free software', the landlord analogy, the 'non-exclusiveness argument' and 'it is justified to copy a program that we would never buy'. Considerations regarding these issues can be retraced to the three foundations of rights: (...) inherited rights that are already in place, agreed rights, and no rights. From the viewpoint of agreed rights, rights are based on agreement and negotiation, and, referring to the universalizability theses by Rawls and Hare, I argue that it is justified that developers or software companies 'own' their software. I discuss the economic and social effects of free SW, understood as the abolition of financial acknowledgements, suggested by Stallman. I conclude that such free software would give rise to socio-political changes toward systems that are something other than liberal-based. Again, I argue that we have a reason to object to Stallman's program in the light of the universalizability theses. Nevertheless, even if one were to perceive this as a convincing goal, it is questionable whether one should make unauthorized copies on these grounds in a society that does not function on such lines: one should first seek to change the norms and practices of one's society. This is further argued to be advisable, since it is not obvious that adhering to software copyright in the general sense is unfair or irrelevant. For these reasons, we should take violation of the laws governing software copying seriously. Finally, I criticize the non-exclusiveness argument, the landlord analogy and the view that 'is it justified to copy a program that we would never buy'. (shrink)

This essay explores the controversy over peer-to-peer (p2p) software, examining the legal and ethical dimensions of allowing software companies to develop p2p technologies. It argues that, under the Supreme Court’s ruling in the Sony betamax case, technology developers must be accorded the freedom to innovate and develop technologies that are capable of substantial noninfringing uses. This doctrine, known as the Sony doctrine, provides an important safe harbor for technological development, including p2p. The safe harbor, however, does not immunize (...) conduct beyond the design, sale, or supply of the product. For other conduct that falls outside the Sony safe harbor, the traditional standards of secondary liability apply. (shrink)

The emerging concern about software piracy and illegal or unauthorized use of information technology and software has been evident in the media and open literature for the last few years. In the course of conducting their academic assignments, the authors began to compare observations from classroom experiences related to ethics in the use of software and information technology and systems. Qualitatively and anecdotally, it appeared that many if not most, students had misconceptions about what represented ethical and (...) unethical behaviors in these realms. Clearly, one can argue that if college students are uncertain about what constitutes appropriate and inappropriate behavior then this uncertainty will be carried forward into their workplaces upon graduation. Furthermore, if their workplaces don't provide ethics training as a component of a new employee orientation program, one can project a potential for unintentional violations and infringements of copyrights and law in the field. This study was conducted among graduate and undergraduate students to gain insight into their attitudes, perceptions and understanding of some of the relevant ethics issues. A questionnaire of 11 statements was employed that described ubiquitous but most likely unethical (or surely dubious) behaviors in the prevailing business and academic environments. Each respondent was asked to evaluate each statement twice (once for “self” and once for “colleague”) on a five-option highly ethical (5) to neutral (3) to highly unethical (1) scale. The statements were worded such that lower instrument score was associated with higher ethical responses. The questionnaire's two-part structure was designed to solicit honest answers. The encouraging learning from this study was that the overall sample and its various sub-samples did not consider any of the eleven behaviors to be “ethical” or “highly ethical.” It was also encouraging to note that the overall sample and all sub-samples considered “highly unethical” those behaviors associated with personal privacy or property or outright theft. This indicated that moral judgment and probity prevail. The discouraging learning was that behaviors associated with the use of enterprise property were viewed as “neutral” i.e., neither “ethical” nor “unethical.” These findings suggested confusion and lack of clarity and definition around workplace deportment as it regards ethics in software and information technology use. The current study suggests that additional research needs to be conducted to define and clarify the issues, which in turn can form the basis for programs to rectify or at least ameliorate the situation. (shrink)

“This chapter looks at four arguments which Microsoft has used to justify the claim that illegal copying of software is wrong: software piracy is theft; software piracy violates the rights of copyright holders; software piracy is free riding; and software piracy reduces incentives to future innovation. It argues that the first argument is simply wrong, and the other three do not establish that it is in fact wrong to pirate Microsoft’s programs.

Computer crime on the Internet poses asignificant threat to the well-being ofbusinesses and individuals, and none are immunefrom the repercussions that can result. Onetype of this unethical and unlawful activity isonline software piracy. In this work, thesignificance of piracy as a topic for academicinquiry is first presented, followed by asummary of the conflicting stances on thisissue. Then, a review of scholarly literaturepreviously conducted in this area is given toprovide a backdrop for the current research. Univariate and bivariate findings from (...) aquantitative study of students are used todemonstrate the incidence, scope, andassociated correlates of Internet piracy in auniversity setting. Technological and ethicalpolicy solutions that an institution mightimplement are suggested and discussed inconclusion. (shrink)

This study focuses on one of the newer forms of software piracy, known as digital piracy, and uses the Theory of Planned Behavior (TPB) as a framework to attempt to determine factors that influence digital piracy (the illegal copying/downloading of copyrighted software and media files). This study examines factors, which could determine an individual’s intention to pirate digital material (software, media, etc.). Past piracy behavior and moral obligation, in addition to the prevailing theories of behavior (Theory of (...) Planned Behavior), were studied to determine the influence on digital piracy intention. Based on the results of this study, planned behavioral factors in addition to past piracy behavior and moral obligation were found to influence an individual’s intention to pirate digital material. Attitude, past piracy behavior, perceived behavior control, and moral obligation explained 71 percent of the intention to pirate variance. Using these results, a better understanding of why individuals pirate is presented and can be used to help combat digital piracy. (shrink)

This textbook presents an overview of the critically important ethical and legal issues that arise in the computing field and provides a professional perspective from software engineering. The author gained exposure to these aspects of computing while working as a software engineer at Motorola in Ireland, where he coordinated the patent programme and worked with several software suppliers. Topics and features: Presents a broad overview of ethics and the law Includes key learning topics, summaries, and review questions (...) in each chapter, together with a useful glossary Discusses the professional responsibility of computer professionals Explores ethics in various civilisations and religious traditions Discusses ethical software engineering and ethical outsourcing Considers what is fair and ethical in data science Describes ethical challenges that arise in social media and the AI field Reviews intellectual property including patents, copyright and trademarks This practical and easy-to-follow textbook/reference is ideal for computer science students seeking to understand legal and ethical aspects of computing. The text also serves as a concise self-study primer for software engineers and software managers. (shrink)

The relevance of different concepts of computer software (henceforth SW) rights is analysed from the viewpoint of divergent sociopolitical doctrines. The question of software rights is considered from the ontological assumptions, on one extreme, to the relevance of current practical applications of SW rights (such as copyright and patent), on the other extreme. It will be argued (from a non-descriptive/non-cognitive account) that the current expression of SW rights in Western societies (namely copyright, excluding patent) can be (...) seen to be fair from the viewpoint of the theses of agreed rights and universalisability. Finally, given that such practice is neither immoral, nor irrelevant-but fair (based on the ad ignorantiam argument)-we have good reason to respect it rather than violate or demolish it. (shrink)

In this paper, we examine the ethico-legal issue of P2P file sharing and copyright infringement in two different countries - Japan and Sweden - to explore the differences in attitude and behaviour towards file sharing from a socio-cultural perspective. We adopt a comparative case study approach focusing on one Japanese case, the Winny case, and a Swedish case, the Pirate Bay case. Whereas similarities in attitudes and behaviour towards file sharing using P2P software between the two countries are (...) found in this study, the Swedish debate on file sharing has been coloured by an ideological and political dimension, which is absent in the Japanese context. This might indicate that Swedes have been more interested in issues of right and wrong, and the creation of political subject of piracy, while the Japanese are more interested in their own individual well being. (shrink)

During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either (...) protected from appropriation (by `copyleft' licensing), or unprotected. Around the year 2000, this approach was generalized by the Creative Commons initiative. In the process they added a `static' commons, in which only use of resources is allowed. This mould was applied to the sciences and the humanities in particular, and various Open Access initiatives unfolded. A final aspect of copyright-based commons is the distinction between active and passive commons: while the latter is only a site for obtaining resources, the former is also a site for production of new resources by communities of volunteers (`peer production'). Finally, several patent commons are discussed, which mainly aim at preventing patents blocking the further development of science. Throughout, attention is drawn to interrelationships between the various commons. (shrink)

Several context-specific social and political factors in Eastern and Central Europe are described — factors that must be considered while developing strategies to introduce Computer Ethics. Poland is used as a primary example. GNP per capita, the cost of hardware and software, uneven and scant distribution of computing resources, and attitudes toward work and authority are discussed. Such “geographical factors” must be taken into account as the new field of Computer Ethics develops.

This paper identifies the ethical issues associated with college instructors’ use of plagiarism detection software (PDS), specifically the Turnitin program. It addresses the pros and cons of using such software in higher education, arguing that its use is justified on the basis that it increases institutional trust, and demonstrating that two common criticisms of such software are not universally valid. An analysis of the legal issues surrounding Turnitin, however, indicates that the way it is designed and operates (...) raises some ethical issues because it denies students notice, access and choice about the treatment of their personal information. The paper concludes with a set of guidelines for instructors using Turnitin in the classroom. (shrink)

This paper examines the current position of copyright for the music industry in the light of innovation and diffusion of technologies which enable audio file sharing amongst web users. We note that there currently appears to be conflicting assessments between the major corporations and the many small firms in Europe with regard to the business potential for online music. In particular, we show that the convergence of technologies together with the emergence of particular practices of ‘net culture’ have posed (...) a number of marketing opportunities and threats for industry incumbents. The role of the Napster program, as well as subsequent innovations in peer‐to‐peer software, is examined together with the responses that have been made by different sections of industry. (shrink)

Este texto analizará críticamente la actual fase económica para mostrar la importancia de los bienes comunes intangibles. Sondea la tesis de un nuevo modo de producción «en ciernes», basado en la gestión colaborativa. Analiza los intangibles de acuerdo a su calidad y carácter. Compara los sistemas de patentes y derechos de propiedad intelectual que permiten su apropiación y las resistencias a su «comoditización» desde el software libre y las propuestas de flexibilización de derechos de autor. Advierte sobre el «fetichismo (...) tecnológico» y propone un marco mínimo de discernimiento en dilemas vinculados a estas materias.It will scan critically the current economic phase to show the importance of the intangible commons. Investigate the thesis of a new mode of production based on collaborative knowledge management. Analyze the specificities of the intangible commons according to their quality and character. We will compare the patent and intellectual property rights that allow its appropriation. Study the resistance to its «commoditization» from the free software paradigm and the proposed relaxation of copyright. Warn of the risks of new forms of «technological fetishism» and conclude by proposing a minimum framework of discernment dilemmas in these matters. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other (...) material, what is ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

The application of ontology has thus far [in 1998] been confined almost exclusively to the field of knowledge representation. Ontology has been applied, for example, in the design of medical databases and in the construction of geographical information systems. One area which is naturally suited to ontological analysis is that of the law and of social institutions in general. -/- Legal systems are composed of legal entities, such as laws, contracts, obligations, and rights. Their application yields new categories of entities (...) such as: corporations, trademarks, marriages, and parcels of real estate. The categorization of these entities by different legal systems has not, by-and-large, been conducted in ways which exploit the tools of modern ontology. Consequently, contradictions and inconsistencies often arise in the law when, for instance, one type of entity is forced into two mutually exclusive categories (e.g., when software is considered both patentable and copyrightable). Papers are invited which consider these and related issues from a philosophical point of view. (shrink)

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. (...) in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. (shrink)

Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, (...) and the political struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)

Softlifting, or the illegal duplication of copyrighted software by individuals for personal use, is a serious and costly problem for software developers and distributors. Understanding the factors that determine attitude toward softlifting is important in order to ascertain what motivates individuals to engage in the behavior. We examine a number of factors, including personal moral obligation (PMO), perceived usefulness, and awareness of the laws and regulations governing software acquisition and use, along with facets of personal self-identity that (...) may play a role in the development of attitudes and therefore intentions regarding this behavior. These factors are examined across multiple settings expected to be pertinent to our survey respondents: home, work and school. Personal moral obligation and perceived usefulness are significant predictors of attitude across all settings. Past behavior is a significant predictor of intention across all settings, and a significant predictor of attitude in the home setting. We find evidence that awareness of the law causes a less favorable evaluation of softlifting in the school setting only, but has little effect in the home and work settings. As in previous studies, attitude is a significant predictor of intent. We do not find indications that one’s personal self-identity influences one’s attitude towards the behavior and the intention to perform it, except in the case of legal identity, where marginally significant effects are found in the work environment. (shrink)

The article manifests and analyzes the process of decentration of the Author, which corresponds to a number of trends, such as: decentration of the subject, dividualization, decentralization of information systems, etc., which determine contemporary transformations of the Lifeworld of a human, who appears precisely as a decentralized, multilayered, split, multiple being. It is noted that the model of authorship, which was constituted according to the concept of a centered/holistic subject/individual, which, in particular, is embodied in copyright, needs to be (...) reconsidered. The meaning of such a model, which is conceptualized in the figure of "authenticity of an authoritative author", is reduced to the creation of Surplus Value with behalf of the author of the product/work/goods. The article presents the stages of decentration of the Author, authority and authenticity, which are personified by the figures of S. Kierkegaard, M. Duchamp, and R. Stallman. For Kierkegaard, it is fundamental to separate the function of the author from authority and the formation of existence/singularity, which, in particular, is embodied in his use of pseudonyms. Duchamp problematizes the author as a producer of a product, contrasting him with the practice of using ready-made objects, and contrasts the tradition of the author's signature with the multiplication of names/signatures. Duchamp exposes the exploitative essence of work even in relation to artistic creativity, manifesting as an alternative to laziness/"lazy activity", which allows shifting the emphasis from the production of things to the process of becoming subjectivity. In the end, the author as integrity and unity loses its meaning in the context of the development of contemporary technologies and network communication. Stallman presents a strategy of friendly exchange of free software instead of selling it based on copyright (intellectual property). This is what should increase productive activity and free up time, and in the long run, creativity should hardly be distinguished from laziness. These three examples testify to the possibility and necessity of overcoming the repressive component of authorship and copyright as a way of controlling/restricting human life, which is not a totality, does not have substantial authenticity, does not require authority, and does not focus on authorship. (shrink)

The umbrella-term ‘executive functions’ includes various domain-general, goal-directed cognitive abilities responsible for behavioral self-regulation. The influential unity and diversity model of EF posits the existence of three correlated yet separable executive domains: inhibition, shifting and updating. These domains may be influenced by factors such as socioeconomic status and culture, possibly due to the way EF tasks are devised and to biased choice of stimuli, focusing on first-world testees. Here, we propose a FREE test battery that includes two open-access tasks for (...) each of the three abovementioned executive domains to allow latent variables to be obtained. The tasks were selected from those that have been shown to be representative of each domain, that are not copyrighted and do not require special hardware/software to be administered. These tasks were adapted for use in populations with varying SES/schooling levels by simplifying tasks/instructions and using easily recognized stimuli such as pictures. Items are answered verbally and tasks are self-paced to minimize interference from individual differences in psychomotor and perceptual speed, to better isolate executive from other cognitive abilities. We tested these tasks on 146 early adolescents of both sexes and varying SES, because this is the age group in which the executive domains of interest become distinguishable and in order to confirm that SES effects were minimized. Performance was determined by Rate Correct Scores, which consider speed-accuracy trade-offs. Scores were sensitive to the expected improvement in performance with age and rarely/inconsistently affected by sex and SES, as expected, with no floor or ceiling effects, or skewed distribution, thus suggesting their adequacy for diverse populations in these respects. Using structural equation modeling, evidence based on internal structure was obtained by replicating the three correlated-factor solution proposed by the authors of the model. We conclude that the FREE test battery, which is open access and described in detail, holds promise as a tool for research that can be adapted for a wide range of populations, as well as altered and/or complemented in coming studies. (shrink)

This paper illustrates the overlap of computer ethics and business ethics by examining two issues. The first is the lack of fit between digitalized information and copyright protection. Although there are moral arguments that can be used to justify protection of intellectual property, including computer software and digitalized data, the way that copyright protection has developed often reflects vested interests rather than the considered weighing of moral considerations. As a result, with respect to downloading MP3s, among other (...) material, what is ethical is largely determined by the appropriately passed laws in each jurisdiction, and what is ethically permissible in one jurisdiction may be ethically impermissible in another. The second issue is the outsourcing of IT jobs from the U.S. While the practice has been politicized, examining it from an all-things-considered perspective, this paper argues it is ethically justified. (shrink)

The principal theme of this paper is secondary liability ‐ to what extent should we hold those who cooperate in wrongdoing and illicit behavior accountable? We probe this question by considering a lawsuit filed by the entertainment industry against the file‐swapping services of Grokster and StreamCast. Our focus is on the legal and moral implications of this case. We argue that the courts, which have so far ruled in favor of the defendants, have misapplied the socalled Sony precedent for two (...) reasons. The business model of these companies depends on copyright infringement with advertising volume directly proportionate to the level of that infringement. Also, Sony’s safe harbor should not apply if there is active inducement of infringement. The key ethical question is the extent to which technological innovators must design and write their code to deal with infringement ex ante. We argue that purveyors of peerto‐ peer technology are formal cooperators in wrongdoing if they deliberately configure their system to enable the illicit copying of copyrighted music and movie files. We also consider the conditions for unjustifiable material cooperation, and propose these conditions as a normative standard especially relevant for software vendors. (shrink)

The fostering of an Internet societal infrastucture which is consciously ethical, is needed to curtail the new era of global irresponsibility that is at hand. The positive view advanced is contrasted with a scenario of the silencing of a moral Internet community using regulatory constraints, an extension of broadcast techniques, "brain-free" hardware, and control by multi-national corporations. This positive scenario is dependent on the evolution of a moral and responsible Internet global citizenry. The global citizen will recognise that in creating (...) an era of peace and negotiation, the traditional boundaries of nation or of cultural difference may be radically redefined, but not destroyed. Two central problems, that of establishing an acceptable moral basis for global citizenship, and that of enabling the integrity of cultural and ethnic groups to be maintained in a global electronic environment, are discussed. A primary task for the Internet community is to establish a Code of Ethics. This could be based on the following principles: a strong and coherent Internet infrastructure; maintenance of interconnectivity; open Internet commerce; privacy of communications; freedom of speech within the Internet ; universal Internet access; freely accessible "public good" information; mediation between national and global organizations in the interests of the Internet; authentication of information ; and maintenance of adequate bandwidth. These principles encompass some of the fiercest debates of the Internet regulatory environment, including those on issues of cryptography, copyright, software patents, first-level domain names, and pornography. (shrink)

This paper considers the arguments that could support the proposition that intellectual property rights as applied to softwarehave a moral basis. Undeniably, ownership rights were first applied to chattels and land and so we begin by considering the moral basis of these rights. We then consider if these arguments make moral sense when they are extended to intellectual phenomenon. We identified two principal moral defenses: one based on utilitarian concerns relating to human welfare, the other appeals to issues of individual (...) autonomy and private control. We conclude that intellectual property rights could not be defended from a moral perspective that emphasizes autonomy and individual control because copyright and patent restrict fundamental freedoms to transfer and redistribute one’s property. We also find it difficult to defend intellectual property in software from a utilitarian perspective because of the current structure of the market. We mention two characteristics of the software market that make it distinct and promote monopolistic conditions and excessive profit taking: the facility of replication, and the need for compatibility in operating systems. We conclude that there are good reasons to reverse the current market’s structure. We suggest three possible remedies. The government could rigorously enforce antitrust legislation, impose greater monitoring and price controls, or obviate the commercial aspect altogether by denying the application of intellectual property rights to software. (shrink)

After a century of cinema, accounts of this cultural form see it as divided between documentation and animation (the real and the magical). Yet the challenge that cinema presented in terms of a relocation of perception from the eye to the machine has become occluded. The shock of cinema in its earliest manifestations resided in the body of the spectator, no longer the site of primary perception, but dependent on an other (the camera, the projector) lacking in human qualities. This (...) article argues that the newly configured body–machine relationship provided by cinema became a marginalized feature of cinematic culture, an ex-centric cinema relegated to the sub-fields of science and educational film. In the mid-20th century the project surfaces spectacularly in the work of pioneering designers Charles and Ray Eames, most poignantly in their film Powers of Ten (first made in 1968, remade in 1977), a journey into the cosmos and back again into the body of a man. Bringing together discourses of space travel, cartography, physics and cinema, the film moves us towards an understanding of visual culture as an apparatus of calculated possibilities, where visualization replaces representation. If we take the Powers of Ten as a non-representational film, an ex-centric cinematic practice, we uncover non-linear and non-representational ways of apprehending the relationship between bodies and matter. This literal line of flight is one path that cinema may have taken. Its presence, however, is detectable outside of the cinema, in the software programs of electronic cartography copyrighted as Google Earth. The human body is not made virtual by its engagement with calculated visualization but is in turn part of the field of enquiry, equally porous, and definable in various scales and in different dimensions. (shrink)

The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case (...) law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy. (shrink)

Software is a ubiquitous artifact, yet not much has been done to understand its ontological nature. There are a few accounts offered so far about the nature of software. I argue that none of those accounts give a plausible picture of the nature of software. I draw attention to the striking similarities between software and musical works. These similarities motivate to look more closely on the discussions regarding the nature of the musical works. With the lessons (...) drawn from the ontology of musical works I offer a novel account of the nature of software. In this account, software is an abstract artifact. I elaborate the conditions under which software comes into existence; how it persists; how and on which entities its existence depends. (shrink)

Push: Software Design and the Cultural Politics of Music Production shows how changes in the design of music software in the first decades of the twenty-first century shaped the production techniques and performance practices of artists working across media, from hip-hop and electronic dance music to video games and mobile apps. Emerging alongside developments in digital music distribution such as peer-to-peer file sharing and the MP3 format, digital audio workstations like FL Studio and Ableton Live introduced design affordances (...) that encouraged rapid music creation workflows through flashy, "user-friendly" interfaces. Meanwhile, software such as Avid's Pro Tools attempted to protect its status as the "industry standard," "professional" DAW of choice by incorporating design elements from pre-digital music technologies. Other software, like Cycling 74's Max, asserted its alterity to "commercial" DAWs by presenting users with nothing but a blank screen. These are more than just aesthetic design choices. Push examines the social, cultural, and political values designed into music software, and how those values become embodied by musical communities through production and performance. It reveals ties between the maximalist design of FL Studio, skeuomorphic design in Pro Tools, and gender inequity in the music products industry. It connects the computational thinking required by Max, as well as iZotope's innovations in artificial intelligence, with the cultural politics of Silicon Valley's "design thinking." Finally, it thinks through what happens when software becomes hardware, and users externalize their screens through the use of MIDI controllers, mobile media, and video game controllers. Amidst the perpetual upgrade culture of music technology, Push provides a model for understanding software as a microcosm for the increasing convergence of globalization, neoliberal capitalism, and techno-utopianism that has come to define our digital lives. (shrink)

This paper argues that the difference between contemporary software intensive scientific practice and more traditional non-software intensive varieties results from the characteristically high conditionality of software. We explain why the path complexity of programs with high conditionality imposes limits on standard error correction techniques and why this matters. While it is possible, in general, to characterize the error distribution in inquiry that does not involve high conditionality, we cannot characterize the error distribution in inquiry that depends on (...) software. Software intensive science presents distinctive error and uncertainty modalities that pose new challenges for the epistemology of science. (shrink)

PurposeOriginating in the USA and Northern Europe, Free and Open Source Software (FOSS) found on the internet its fertile environment. In more recent years, FOSS is becoming an increasingly important element in strategies for development and implementation of information and communication technologies also in developing countries. Mainstream research on FOSS has catered to the underlying principles or freedom, open organizational forms, and on its economical aspects. The purpose of this paper is to shed new light on the actual consequences (...) of FOSS, often left in the background.Design/methodology/approachThe paper examines where FOSS principles' assumptions are likely to be more evident: in contexts of developing countries, which are geographically and organizationally far from the original environment of FOSS. A mixed methodology characterizes this work: quantitative and qualitative methods bring readers' attention to unusual empirical settings and downplayed organizational processes of information technology (IT) implementation and adoption.FindingsThe consequences of FOSS on IT implementation and actual use are ambivalent. It is argued that FOSS adoption does not happen spontaneously, neither by decree, and that the relevance of open technologies as public goods remains in the different role of local actual technical and organizational capabilities, and environment conditions.Originality/valueSuch a focus complements existing studies on the economical relevance of FOSS, which are not the focus of this paper. (shrink)

We suggest that the issue of constructing andverifying social procedures, which we suggestively call socialsoftware, be pursued as systematically as computer software is pursued by computer scientists. Certain complications do arise withsocial software which do not arise with computer software, but thesimilarities are nonetheless strong, and tools already exist which wouldenable us to start work on this important project. We give a variety ofsuggestive examples and indicate some theoretical work which alreadyexists.

A brain emulation would be a one‐to‐one simulation where every causal process in the brain is represented, behaving in the same way as the original. Opponents of animal testing often argue that much of it is unnecessary and could be replaced with simulations. Personal identity is going to be a major issue with brain emulations, both because of the transition from an original unproblematic single human identity to successor identity/identities that might or might not be the same, and because (...) class='Hi'>software minds can potentially have multiple realizability. The process might produce distressed minds that have rights yet have an existence not worth living, or that lack the capacity to form or express their wishes. Emulations will experience and behave on a timescale set by the speed of their software. Brain emulations would not be self‐contained, and their survival would depend upon hardware over which they might not have any control. (shrink)

Free and open source software is taking an increasingly significant role in our software infrastructure. Yet many questions still exist about whether a software economy based on FOSS would be viable. We argue that contemporary trends definitively demonstrate this viability. Claiming that an economy must be evaluated as much by the ends it brings about as by its size or vigor, we draw on widely accepted notions of redistributive justice to show the ethical superiority of a (...) class='Hi'>software economy based on FOSS. (shrink)

Conceptual models are descriptions of our ideas about a problem, used to shape the implementation of a solution to it. Everyone who builds complex information systems uses such models - be they requirements analysts, knowledge modellers or software designers - but understanding of the pragmatics of model design tends to be informal and parochial. Lightweight uses of logic can add precision without destroying the intuitions we use to interpret our descriptions. Computing with logic allows us to make use of (...) this precision in providing automated support tools. Modern information scientists need to know what these methods are for and may need to build their own. This book gives you a place to begin. Where do you start when building models in a precise language like logic? One way is by following standard paradigms for design and adapting these to your needs. Some of these come from an analysis of existing informal notations. Others are from within logic itself. We take you through a sample of these, from more commonplace styles of formal modelling to non-standard methods such as techniques editing and argumentation. Each of these provides a window onto broader areas of applied logic and gives you a basis for adapting the method to your own needs. (shrink)

Baars (1988, 1997) has proposed a psychological theory of consciousness, called global workspace theory. The present study describes a software agent implementation of that theory, called ''Conscious'' Mattie (CMattie). CMattie operates in a clerical domain from within a UNIX operating system, sending messages and interpreting messages in natural language that organize seminars at a university. CMattie fleshes out global workspace theory with a detailed computational model that integrates contemporary architectures in cognitive science and artificial intelligence. Baars (1997) lists the (...) psychological ''facts that any complete theory of consciousness must explain'' in his appendix to In the Theater of Consciousness; global workspace theory was designed to explain these ''facts.'' The present article discusses how the design of CMattie accounts for these facts and thereby the extent to which it implements global workspace theory. (shrink)