Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software (...) class='Hi'>rights and duties that is inspired by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (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 (...) class='Hi'>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)

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)

This paper contributes to the computer ethics debate on software ownership protection by examining the ontological, methodological, and ethical problems related to property right infringement that should come prior to any legal discussion. The ontological problem consists in determining precisely what it is for a computer program to be a copy of another one, a largely neglected problem in computer ethics. The methodological problem is defined as the difficulty of deciding whether a given software system is a copy (...) of another system. And the ethical problem corresponds to establishing when a copy constitutes, or does not constitute, a property right infringement. The ontological problem is solved on the logical analysis of abstract machines, and the latter are argued to be the appropriate level of abstraction for software at which the methodological and the ethical problems can be successfully addressed. (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)

The “right to repair” movement highlights opportunities to reduce health care costs and promote public health resilience through increased competition in the way in which medical devices are serviced and updated over their lifespan. We review legislative and legal facets of third-party repair of medical devices, and conclude with specific recommendations to help this market function more efficiently to the benefit of patients and health care systems.

‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the (...) School of Information Studies at Charles Sturt University, PO Box 588, Wagga Wagga, NSW 2650 Australia; tel 61 69 33 2372; fax 61 69 33 2733; email [email protected] wishes to acknowledge the contribution to this paper of Douglas Adeney of the University of Melbourne. (shrink)

‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the (...) School of Information Studies at Charles Sturt University, PO Box 588, Wagga Wagga, NSW 2650 Australia; tel 61 69 33 2372; fax 61 69 33 2733; email [email protected] wishes to acknowledge the contribution to this paper of Douglas Adeney of the University of Melbourne. (shrink)

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of intellectual property rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good governance mechanisms is also examined. Findings demonstrate that: (1) while all (...) governance tools under consideration significantly decrease the incidence of piracy, corruption-control is the most effective weapon; (2) but for voice and accountability, political stability and democracy, IPR laws (treaties) are instrumental in tackling piracy through government quality dynamics of rule of law, regulation quality, government effectiveness, corruption-control, and press freedom. Hence, the need for a policy approach most conducive to expanding development is to implement an integrated system of both IPRs and corollary good governance policies. Moreover, our findings support the relevance of good governance measures in developing countries wishing to complement their emerging IPR regimes. (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)

Software ownership allows the owner to restrict the distribution of software and to prevent others from reading the software’s source code and building upon it. However, free software is released to users under software licenses that give them the right to read the source code, modify it, reuse it, and distribute the software to others. Proponents of free software such as Richard M. Stallman and Eben Moglen argue that the social disutility of (...) class='Hi'>software ownership is a sufficient justification for prohibiting it. This social disutility includes the social instability of disregarding laws and agreements covering software use and distribution, inequality of software access, and the inability to help others by sharing software with them. Here I consider these and other social disutility claims against withholding specific software rights from users, in particular, the rights to read the source code, duplicate, distribute, modify, imitate, and reuse portions of the software within new programs. I find that generally while withholding these rights from software users does cause some degree of social disutility, only the rights to duplicate, modify and imitate cannot legitimately be denied to users on this basis. The social disutility of withholding the rights to distribute the software, read its source code and reuse portions of it in new programs is insufficient to prohibit software owners from denying them to users. A compromise between the software owner and user can minimise the social disutility of withholding these particular rights from users. However, the social disutility caused by software patents is sufficient for rejecting such patents as they restrict the methods of reducing social disutility possible with other forms of software ownership. (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)

In the current efforts of harmonizing the standards and enforcement of IPRs protection worldwide, this paper explores software piracy trajectories and dynamics in Africa. Using a battery of estimation techniques that ignore as well as integrate short-run disturbances in time-dynamic fashion, we answer the big questions policy makers are most likely to ask before harmonizing IPRs regimes in the battle against software piracy. Three main findings are established. (1) African countries with low software piracy rates are catching-up (...) their counterparts with higher rates; implying despite existing divergent IPRs systems, convergence in piracy rate could be a genuine standard-setting platform. (2) Legal origins do not play a very significant role in the convergence process. (3) A genuine timeframe for standardizing IPRs laws in the fight against piracy is most likely between a horizon of 4–8 years. In other words, full (100 %) convergence within the specified horizon will mean the enforcements of IPRs regimes without distinction of nationality and locality. Policy implications and caveats are discussed. (shrink)

Software piracy is older than the PC and has been the subject of several studies, which have found it to be a widespread phenomenon in general, and among university students in particular. An earlier study by Cohen and Cornwell from a decade ago is replicated, adding questions about downloading music from the Internet. The survey includes responses from 224 students in entry-level courses at two schools, a nondenominational suburban university and a Catholic urban college with similar student profiles. The (...) study found that there has been few if any changes in student opinions regarding the unauthorized duplication of copy- righted materials. Students generally felt that copying commercial software and downloading music from the Internet was acceptable and found that there was no significant correlation between student attitudes and their school’s religious affiliation or lack thereof. Additionally, the study found that a small but significant percentage of respondents considered the other questionable behaviors as ethically acceptable. Finally, the reasons for these attitudes are discussed as well as what colleges can do to correct the situation. (shrink)

For over 50 years, since the development of nuclear-armed ICBMs, the USA has sought a way to defend against them. These efforts evolved through various strategies and technologies: from nuclear-tipped rockets through space-based laser weapons to today’s system of ground-based kinetic-kill interceptors. Public debate around these issues reached a peak in the 1980s with President Reagan’s Strategic Defense Initiative, popularly known as Star Wars.Rebecca Slayton examines this history in Arguments that Count, a valuable and well-told account of a particular aspect (...) of missile defense: computer software. Missile defense required identifying a hostile missile launch, keeping track of thousands of incoming warheads on their ballistic trajectories, and directing interceptors to the right place—and doing all this in less than 30 minutes. From the outset, designers turned to computers to do the complex calculations quickly enough. But missile defense presented an additional factor, in that any m .. (shrink)

The “free” in “free software” refers to a cluster of four specific freedoms identified by the Free Software Definition. The first freedom, termed “Freedom Zero,” intends to protect the right of the user to deploy software in whatever fashion, towards whatever end, he or she sees fit. But software may be used to achieve ethically questionable ends. This highlights a tension in the provision of software freedoms: while the definition explicitly forbids direct restrictions on users’ (...) freedoms, it does not address other means by which software may indirectly restrict freedoms. In particular, ethically-inflected debate has featured prominently in the discussion of restrictions on digital rights management and privacy-violating code in version 3 of the GPL (GPLv3). The discussion of this proposed language revealed the spectrum of ethical positions and valuations held by members of the free software community. In our analysis, we will provide arguments for upholding Freedom Zero; we embed the problem of possible uses of software in the broader context of the uses of scientific knowledge, and go on to argue that the provision of Freedom Zero mitigates against too great a moral burden—of anticipating possible uses of software—being placed on the programmer and that, most importantly, it facilitates deliberative discourse in the free software community. (shrink)

Paper-based privacy policies fail to resolve the new changes posed by electronic healthcare. Protecting patient privacy through electronic systems has become a serious concern and is the subject of several recent studies. The shift towards an electronic privacy policy introduces new ethical challenges that cannot be solved merely by technical measures. Structured Patient Privacy Policy (S3P) is a software tool assuming an automated electronic privacy policy in an electronic healthcare setting. It is designed to simulate different access levels and (...) rights of various professionals involved in healthcare in order to assess the emerging ethical problems. The authors discuss ethical issues concerning electronic patient privacy policies that have become apparent during the development and application of S3P. (shrink)

Interest has been revived in the creation of a "bill of rights" for Internet users. This paper analyzes users' rights into ten broad principles, as a basis for assessing what users regard as important and for comparing different multi-issue Internet policy proposals. Stability of the principles is demonstrated in an experimental survey, which also shows that freedoms of users to participate in the design and coding of platforms appear to be viewed as inessential relative to other rights. (...) An analysis of users' rights frameworks that have emerged over the past twenty years similarly shows that such proposals tend to leave out freedoms related to software platforms, as opposed to user data or public networks. Evaluating policy frameworks in a comparative analysis based on prior principles may help people to see what is missing and what is important as the future of the Internet continues to be debated. (shrink)

Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining (...) corporate interest. As one of the main results, their `open' practices have entered industrial software production. The resulting clash of cultures, between the more academic CUDOS norms and their corporate counterparts, is discussed and assessed. In all, the article shows that software practices are a fascinating seedbed for the genesis of work ethics of various kinds, depending on their societal context. (shrink)

Over the past four decades, software engineering has emerged as a discipline in its own right, though it has roots both in computer science and in classical engineering. Its philosophical foundations and premises are not yet well understood. In recent times, members of the software engineering community have started to search for such foundations. In particular, the philosophies of Kuhn and Popper have been used by philosophically-minded software engineers in search of a deeper understanding of their discipline. (...) It seems, however, that professional philosophers of science are not yet aware of this new discourse within the field of software engineering. Therefore, this article aims to reflect critically upon recent software engineers’ attempts towards a philosophy of software engineering and to introduce our own philosophical thoughts in this context. Finally, we invite the professional philosophers of science to participate in this interesting new discourse. (shrink)

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)

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)

This study analyzed consumers' willingness to pay for non-pirated computer software and examined how attitudes toward intellectual property rights and perceived risk affect WTPs. Two commonly used software products, Microsoft Windows and Microsoft Office, were used in the study as objects to reveal consumer assessed values. A consumer survey was administered in Taiwan and the total valid samples were 799. Respondents in this study included students from senior high schools, colleges, and graduate schools, and general consumers who (...) were no longer full-time students. The estimated average WTP for Windows was USD 58.55 and for Office was USD 53.49, much lower than the respective suggested retail prices in the market. Social norms had strong positive influences on willingness-to-pay for software products. The prosecution risk did not significantly increase WTPs for software products due to the reason that individuals who used pirated software were not at a high risk of being prosecuted. Performance risk was positively correlated to WTPs for software products. The respondents segmented into the low-WTP cluster were more likely to use pirated software than those in the high-WTP segment. Source reliability, legitimacy, technical support, and customer service were emphasized in decisions of respondents in the high-WTP segment and could be used in marketing strategies. (shrink)

This paper assumes that the purpose of ethics is to open up a space for the possibility of moral conduct in the flow of everyday life. If this is the case then we can legitimately ask: "How then do we do ethics"? To attempt an answer to this important question, the paper presents some suggestions from the work of Emmanuel Levinas and Jacques Derrida. With Levinas, it is argued that ethics happens in the singularity of the face of the Other (...) before me "here and now". Ethics matters in my everyday contact with the Other that disturbs my egological existence and claims my response. But what about all other Others, not here now but nevertheless simultaneously already present? What about their equal claim on me? With Levinas and Derrida, the paper attempts to articulate the notion of singular justice as the simultaneous demand of all others requiring my response. In singular justice, the paper attempts to show how the demands of ethics (the singular) and the demands of justice (all other Others) can become the impossible possibility for a "justice where there is no distinction between those close and those far off, but in which there also remains the impossibility of passing by the closest". Furthermore, the paper attempts to argue that singular justice is our calling - or more precisely my calling - to do the right thing, here and now. Finally, by way of explication, the paper discusses a case of software piracy to try to show how singular justice can help us not to think about ethics, which is important, but to (almost) do it - which is very important. (shrink)

Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us how (...) to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)

Software plays an important role in contemporary research. Aside from its use for administering traditional instruments like surveys and in data analysis, the widespread use of mobile and web apps for social, medical and lifestyle engagement has led to software becoming a research intervention in its own right. For example, it is not unusual to find apps being studied for their utility as interventions in health and social life. Since the software may persist in use beyond the (...) life of an investigation, this raises questions as to the extent of ethical duties for researchers involved in its production and/or study towards the participants involved. Key factors identified include the extent of affect created by the software, the effect it has on a participant’s life, the length of investigation, cost of maintenance and participant agency. In this article we discuss the issues raised in such situations, considering them in the context of post-research duties of care and suggesting strategies to balance the burden on researchers with the need for ongoing participant support. (shrink)

Software is much more than sequences of instructions for a computing machine: it can be an enabler (or disabler) of political imperatives and policies. Hence, it is subject to the same assessment in a normative dimension as other political and social phenomena. The core distinction between free software and its proprietary counterpart is that free software makes available to its user the knowledge and innovation contributed by the creator(s) of the software, in the form of the (...) created source code. From an ethical perspective, one of the most pressing questions raised by this form of collaboration is the question of the rights, and the restrictions on them, that are passed on to users and collaborators by the creators of programs. That is, what freedoms do software users deserve, and how can they best be protected? In this study we analyze free software licensing schemes in order to determine which most effectively protects such freedoms. We conclude that so-called copyleft licensing schemes are the morally superior alternative. (shrink)

This paper critically reviews the judgment of the United States Court of Appeals for the Ninth Circuit In re: Jayson Reynoso: Frankfort Digital Services et al., v. Sara L. Kistler, United States Trustee et al. (2007) 447 F.3d 1117. The appellants, who were non-lawyers, were indicted with unauthorised practice of law for offering bankruptcy petition services via online legal software or expert systems in law configured for filing bankruptcy petition forms. The United States Court of Appeals for the Ninth (...) Circuit found inter alia that appellants were bankruptcy petition preparers, and not being lawyers, had exceeded their clerical remit by offering legal advice and legal services in contravention of California law regulating legal practice and 11 U.S.C. Sect. 110 of the Bankruptcy Code (2002). While examining the legal ramifications of the use of legal software by non-lawyers in the preparation of legal documents, the paper critically reviews the factual circumstances of the Reynoso decision in the context of juridical and statutory constructs of unauthorised practice of law in the United States. The paper poses the question whether Reynoso should be viewed as a one-off decision bound by its peculiar facts, or good law for the broad proposition that non-lawyers cannot use legal software in legal documents preparation. The paper also notes the possible legal barriers to an unconditional ban on the design, sale, distribution, and uses of legal software by non-lawyers. These range from the First Amendment right to free speech, constitutional right to pro se legal representation, interstate commerce doctrine, to antitrust provisions of the Sherman Act. A regime of best practices for the use of legal software or expert systems in law by non-lawyers is proffered. (shrink)

In this paper we present an executable approach to model interactions between agents that involve sensitive, privacy-related information. The approach is formal and based on deontic, epistemic and action logic. It is conceptually related to the Belief-Desire-Intention model of Bratman. Our approach uses the concept of sphere as developed by Waltzer to capture the notion that information is provided mostly with restrictions regarding its application. We use software agent technology to create an executable approach. Our agents hold beliefs about (...) the world, have goals and commitment to the goals. They have the capacity to reason about different courses of action, and communicate with one another. The main new ingredient of our approach is the idea to model information itself as an intentional agent whose main goal it is to preserve the integrity of the information and regulate its dissemination. We demonstrate our approach by applying it to an important process in the insurance industry: applying for a life insurance. In this paper we will: (1) describe the challenge organizational complexity poses in moral reasoning about informational relationships; (2) propose an executable approach, using software agents with reasoning capacities grounded in modal logic, in which moral constraints on informational relatio nships can be modeled and investigated; (3) describe the details of our approach, in which information itself is modeled as an intentional agent in its own right; (4) test and validate it by applying it to a concrete ‘hard case’ from the insurance industry; and (5) conclude that our approach upholds and offers potential for both research and practical application. (shrink)

Background:Promoting patients’ rights is essential for defining the standards of clinical services within a country. Given their responsibilities, nurses can be the primary target for research to investigate the issue of patients’ rights within a healthcare system. As such, assessing the knowledge of nurses about patients’ rights is an essential step toward improving the quality of healthcare in limited resource settings like Sudan.Objectives:We aimed to assess the level of knowledge about patients’ rights among the nursing staff (...) at Friendship Teaching Hospital in Sudan.Methods:This hospital-based cross-sectional study was carried out at the Friendship Teaching Hospital in Sudan. We surveyed the totality of nurses (95) at the hospital using an amended survey. The data were analyzed in SPSS software using descriptive and inferential statistics.Ethical consideration:The study was approved by the Research Unit of Khartoum Ministry of Health and the Hospital administration. All respondents gave verbal consent prior to participating in the study.Results:Only 48.4% of the participants knew about the existence of the Sudanese Charter of patients’ rights. Nonetheless, our analysis found that 65.8% of nurses had acceptable level of knowledge (scored more than 75% of the total knowledge score) of patients’ rights, and none of the participant scored less than 50% of the total knowledge score. Finally, we found no statistical association between the knowledge score and demographic data, educational level, whether the participant knows about the existence of the Charter or not and a number of other factors.Conclusion:Nurses’ lack of knowledge about the existence of the Sudanese Charter of patients’ rights adopted in 2009 rights confirms the need for further efforts by Ministry of Health to promote the document. Furthermore, further research is needed to investigate the disconnect between nurses’ lack of knowledge about the existence of the charter and their awareness of the rights within the charter as well as the actual implementation of rights. (shrink)

A number of studies have investigated and found a significant relationship among economic wealth, Hofstede’s national culture dimensions, and software piracy rates (SPR). No study, however, has examined the relationship between economic wealth, culture, and the fact that national SPRs have been declining steadily since 1994. Using a larger sample than has previously been available (57 countries), we confirm the expected negative relationship between economic wealth, culture (individualism and masculinity) and levels of software piracy. The rate of decline (...) in software piracy, however, is found to be a cultural phenomenon, with two factors (power distance (PDI) and uncertainty avoidance (UAI)) working in opposition. Similar results are found for a subset of 37 relatively poor countries. This suggests that, while the rise in economic wealth seen for most countries should lead to a reduction in software piracy, the rate of decline is determined by cultural factors. Global strategies for dealing with software piracy are discussed. (shrink)

I offer you some theories of intellectual obligations and rights (virtue Ethics): initially, RBT (a Right to Believe Truth, if something is true it follows one has a right to believe it), and, NDSM (one has no right to believe a contradiction, i.e., No right to commit Doxastic Self-Mutilation). Evidence for both below. Anthropology, Psychology, computer software, Sociology, and the neurosciences prove things about human beliefs, and History, Economics, and comparative law can provide evidence of value about theories (...) of rights. However, insofar as we have methods within Philosophy to help us formulate precise concepts of 'belief' and 'rights', methods that also help us to prove links (or absence thereof) amongst families of concepts of rights and belief, our discipline is in and of itself capable of sound reasoning about issues as puzzling as the following. Suppose a Jane who does not believe in God yet who believes she ought to so believe: Jane is undergoing doxastic moral regret (moral regret for lack of faith). We have all known such Janes and perhaps at one time or another even been one. Paradox: given RBT and NDSM, Jane as described not only does not exist, Jane cannot exist. Thus, to enrich the ways in which Philosophy need not get all its evidence from other academic disciplines, I present a brief introduction to what I call Neutral Universal Frames (NUFs). NUFs solve hard puzzles about interactions among modal concepts of belief and rights, concepts that occur in RBT, NDSM and the description of our Janes. NUFs for theories precisely articulated via any two or more modal concepts are a powerful and immensely general set of tools enabling us to define rich theories of truth ("models on frames") to test philosophical theories for internal consistency and to prove the existence of connections (or absence thereof) amongst alternative articulations of philosophical theories. NUFs thereby add to the constructive knowledge producing way Logics intersect with Philosophy of Religion. And we will soon see why Jane, be she named 'Jane' or known simply as you: cannot exist. Read on at your own risk. (shrink)

Open source software production is a successful new innovation model which disproves that only private ownership of intellectual property rights fosters innovations. It is analyzed here under which conditions the open source model may be successful in general. We show that a complex interplay of situational, motivational, and institutional factors have to be taken into account to understand how to manage the ‘tragedy of the commons’ as well as the ‘tragedy of the anticommons’. It is argued that the (...) success of this new innovation model is greatly facilitated by a well balanced portfolio of intrinsic and extrinsic motivation, low costs for contributors and governance mechanisms that do not crowd out intrinsic motivation. (shrink)

In this paper we present an executable approach to model interactions between agents that involve sensitive, privacy-related information. The approach is formal and based on deontic, epistemic and action logic. It is conceptually related to the Belief-Desire-Intention model of Bratman. Our approach uses the concept of sphere as developed by Waltzer to capture the notion that information is provided mostly with restrictions regarding its application. We use software agent technology to create an executable approach. Our agents hold beliefs about (...) the world, have goals and commitment to the goals. They have the capacity to reason about different courses of action, and communicate with one another. The main new ingredient of our approach is the idea to model information itself as an intentional agent whose main goal it is to preserve the integrity of the information and regulate its dissemination. We demonstrate our approach by applying it to an important process in the insurance industry: applying for a life insurance.In this paper we will: (1) describe the challenge organizational complexity poses in moral reasoning about informational relationships; (2) propose an executable approach, using software agents with reasoning capacities grounded in modal logic, in which moral constraints on informational relatio nships can be modeled and investigated; (3) describe the details of our approach, in which information itself is modeled as an intentional agent in its own right; (4) test and validate it by applying it to a concrete ‘hard case’ from the insurance industry; and (5) conclude that our approach upholds and offers potential for both research and practical application. (shrink)

This study analyzed consumers' willingness to pay for non-pirated computer software and examined how attitudes toward intellectual property rights and perceived risk affect WTPs. Two commonly used software products, Microsoft Windows and Microsoft Office, were used in the study as objects to reveal consumer assessed values. A consumer survey was administered in Taiwan and the total valid samples were 799. Respondents in this study included students from senior high schools, colleges, and graduate schools, and general consumers who (...) were no longer full-time students. The estimated average WTP for Windows was USD 58.55 and for Office was USD 53.49, much lower than the respective suggested retail prices in the market. Social norms had strong positive influences on willingness-to-pay for software products. The prosecution risk did not significantly increase WTPs for software products due to the reason that individuals who used pirated software were not at a high risk of being prosecuted. Performance risk was positively correlated to WTPs for software products. The respondents segmented into the low-WTP cluster were more likely to use pirated software than those in the high-WTP segment. Source reliability, legitimacy, technical support, and customer service were emphasized in decisions of respondents in the high-WTP segment and could be used in marketing strategies. (shrink)

Although reducing the costs of software maintenance has long been held as an important goal, few researchers have studied software maintenance — except in the context of software design. However, thinking in software design is itself muddled by the frequent confusion over the term ‘software’ and ‘programs’. In this paper we argue for a re-examination of the underlying philosophical foundations of programs, in order to establish software as a phenomenon in its own right. Once (...) we understand the basic structure of software theories, we will be in a better position to understand how theories of software relate to theories of programs. This might finally provide the insight needed to achieve the long awaited reduction in the cost of software maintenance. (shrink)

I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have (...) class='Hi'>rights and duties of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (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)

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

The situation and human rights of people living with HIV and AIDS were explored through focus groups in five African countries (Lesotho, Malawi, South Africa, Swaziland and Tanzania). A descriptive qualitative research design was used. The 251 informants were people living with HIV and AIDS, and nurse managers and nurse clinicians from urban and rural settings. NVivo™ software was used to identify specific incidents related to human rights, which were compared with the Universal Declaration of Human (...) class='Hi'>Rights. The findings revealed that the human rights of people living with HIV and AIDS were violated in a variety of ways, including denial of access to adequate or no health care/services, and denial of home care, termination or refusal of employment, and denial of the right to earn an income, produce food or obtain loans. The informants living with HIV and AIDS were also abused verbally and physically. Country governments and health professionals need to address these issues to ensure the human rights of all people. (shrink)

The situation and human rights of people living with HIV and AIDS were explored through focus groups in five African countries . A descriptive qualitative research design was used. The 251 informants were people living with HIV and AIDS, and nurse managers and nurse clinicians from urban and rural settings. NVivo™ software was used to identify specific incidents related to human rights, which were compared with the Universal Declaration of Human Rights. The findings revealed that the (...) human rights of people living with HIV and AIDS were violated in a variety of ways, including denial of access to adequate or no health care/services, and denial of home care, termination or refusal of employment, and denial of the right to earn an income, produce food or obtain loans. The informants living with HIV and AIDS were also abused verbally and physically. Country governments and health professionals need to address these issues to ensure the human rights of all people. (shrink)

This qualitative research study, a replication of a study published in 2002, investigated the qualities of a good nurse and the role ethics plays in decision making. After reviewing the limitations of the published work, the current study implemented modifications related to the research questions, sample selection, data collection, and use of software for data analysis. The original study identified seven categories that related to being a good nurse and doing the right thing. In the present study, the use (...) of relational analysis led to the recognition of four categories: (1) personal traits and attributes; (2) technical skills and management of care; (3) work environment and co-workers; and (4) caring and caring behaviors. To understand what it means to be a good nurse and do the right thing is a complex task; however, this research adds to the small amount of empirical data that exists to describe those characteristics. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not (...) the exercise of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

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)

INTRODUCTION[|]The practice of medicine has evolved from old approach, in which all decisions for the patient are taken by physician, to a new approach, which includes patients to the medical decision-making process and endorses informed consent of the patients. In addition to healthcare professionals and patients, parents or legal representatives are stakeholders in the informed consent process of children. The knowledge and attitudes of physicians and medical school students about the informed consent period in children are important for the effectiveness (...) of the medical intervention and the biopsychosocial development of children. In this study, it was aimed to understand involvement of medical students and physicians in the informed consent process of children and their level of knowledge on children's rights and their attitudes in daily clinical practice.[¤]METHODS[|]The study is a descriptive study and n = 150 participants, who were randomly selected from senior medical school students working in medical school campus or university hospital and physicians serving pediatric patients, were included to this study. Questionnaires were applied for the measurement of participants' socio-demographic characteristics, education on pediatric patient rights, and legal provisions. The data were evaluated using SPSS 20.00 software.[¤]RESULTS[|]Of participants, 62% (n = 93) were phase 6 medical students, while 29.33% (n = 44) were resident physicians and the rest were faculty members (8.67%; n = 13). The proportion of physicians, who didn't received training on child rights, was 80.7% (n = 46) and statistically significantly higher than medical students (49.45%; n = 45) (p <0.001). However, participants who were not educated about the children's rights stated with higher ratio (44.83%; n=65), that informed consent should be obtained before medical intervention from individuals under 18 years of age, when they are compared to the the participants who received education (20.69%; n=30) (p = 0,019). The majority of participants (59.5%; n = 88) find the intervention in individuals under the age of 18 years in emergencies without consent of legal representatives ethically and legally appropriate (p <0.001). The participants believe that it is ethically and legally appropriate to conduct an intervention on an individual under the age of 18 years without the legal representative (36. 7%; n=54) (p <0.001).[¤]DISCUSSION AND CONCLUSION[|]This study compared the levels of knowledge and attitudes of participants, who were previously trained in or didn't received any training about children's rights and informed consent of children. However, the quality of the training of the participants on children's rights, was not questioned. This study showed that education on children's rights does not significantly increase the level of legal knowledge on children's rights. Having well-designed a subject focused on this theme in medical deontology and ethics education can increase the knowledge levels and improve the attitudes of medical students. This study sheds light on the issues that need to be focused in the medical faculties and the trainings of physicians and showed lack of information and need for development of attitudes regarding children's rights and informed consent in children.[¤]. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)