Social, Legal and Professional Aspects of Computing
Content of the essay
Introduction
Section 1: An analysis of ethical aspects of the case
Brief summary
Stakeholders and
main ethical issue
Total Web
Solutions Ltd, MySpace Inc , Public, Internet service providers, Company (and
patent) registrar, Social web sites, British Computer Society, Legal
Associations, Courts of Law
Ethical analysis
of stakeholders
Teleological theories (egoism,
utilitarianism, altruism)
Deontology
Kant’s first and second imperatives
Buddhist axiology
Section 2: Reflective analysis
Lessons learnt
from the module
Matters associated
with social, ethical, professional and legal aspects, An awareness of risks and
inculcating of a safe culture, Reflection, SWOT analysis, academic writing
Using the
knowledge for future personal development planning
Good citizenship,
High quality social relationships, Moral responsibility, Risk free and safe
home environment, healthy life, economic life
Use of the
knowledge for future career development
Frequent
referencing, Reflection and journal writing, Verbal communication Advanced
analysis of ethics, Risk awareness and safety culture, SWOT analysis, Writing
up academic essays
References
Bibliography
Introduction
This essay consists of two sections.
The first section deals with an analysis of ethical aspects of MySpace, Inc v
Total Web Solutions Ltd. The first sub-section of the first section commences with
brief summary of the case, secondly identifies the primary and secondary
stakeholders. Moreover, thereafter the normative analyses of stakeholders’ acts
are presented based on teleological, deontological, and Kantian principles. The
second section deals with reflective analysis based on the learning of social,
legal and professional aspects of computing, which begins to present what the
writer has learnt from the course module. Thereafter it presents the ways and
means of using knowledge gained in future personal development planning. The
third that is the last sub-section of the second section indicates the ways and
means of using learnt knowledge for the writer’s career development.
Section 1: An analysis of the ethical aspects of the case
Total Web Solutions Ltd (TWS)
established in 1995 and registered its domain name myspace.co.uk in 1997. Six
years after the domain name registration MySpace, Inc was founded. In the next year,
TWS changed the use of its domain name in order to take the advantage of the
popularity of the social networking site. MySpace, Inc. issues a complain under
the DRS in 2007.
Prior to the identification, it is
important to the overview the definitions of stakeholders. Evan and Freeman (2005, p.80) define stakeholders as
any group or individuals who can affect or be affected by the cooperation. Harrison
(2005, p.33) considers other organizations in the business environment and further
says the stakeholders are the individuals, groups or other organizations.
Examples for stakeholders are given by Murry (1997, p.16), Harrison (2005, p.34)
and Des Jardins (2009, p.67) which include common things as well as specific
things which leads to prepare a new array of examples. Murry (1997, p.16)
presents examples for stakeholders in graphical form and which includes
shareholders, customers, suppliers, employees, partners, natural environment,
local community (and very many more) in
an organization. Harrison (2005, pp.33-4) provides eleven categories of stakeholders which includes employees,
customers, suppliers, shareholders, other suppliers of capital, local communities,
government, pressure groups, competitors, trade unions and professional
institutes. The public is identified as a stakeholder by Des Jardins (2009, p.67),
as they are benefitted at the expense of suppliers, customers, and local
communities. In a business environment most affected or be affected are known
as primary stakeholders where as the rest is commonly known as secondary
stakeholders. Since Total Web Solutions
(TWS) and MySpace Inc create the
scenario and are competitors hence both they are primary stakeholders. The public becomes the customers in this
case, therefore they too are stakeholders, and are the most important to become
the primary stakeholders. Internet
Service Providers (ISPs), Company (and
patent) Registrar and Social
Networks are suppliers as such they provide the services needed for proper
functioning, hence they are also stakeholders, whereas the case and the
consequences concerned they are not involved, thus they become secondary
stakeholders. The issue is the importance of professional associations, accordingly
the British Computer Society (BCS)
and legal associations, who deals
with intellectual properties, but in decision, making their contribution is
less becomes secondary stakeholders. The jurisdiction is executed by the courts of law, probably making a new
law, is very decisive so that becomes a primary stakeholder. Before the
overview of relevance theories for ethical analysis, now it is time to state
that the main issue is violation of copyright laws.
The normative ethical analysis of TWS is done selecting the appropriate
theories namely teleology and deontology and Kantians. Egoism and utilitarianism are
the theories considered under the teleology which is also known as consequentialist
(Holland, 2010 and Premasiri, 1998, p.76) hold that choices, acts, and
intentions are to be morally assessed solely by the states of affairs they
bring about (Johnson, 2001, p.36). Further teleology specifies the states of
affairs that are intrinsically good or favourable for the person responsible
for the affair (Des Jardins, 2009, p.87). Thereafter teleology in a position to
assert that whatever the choices increase the good, that is bring about more of
it are morally right to make and execute. Cambridge dictionary (1996, p.444) meaning
for egoism is self-interest is more important than other people are. Harrison (2005,
p.63) says egoism involves the decision-making entirely on self-interest in
optimizing the personal consequences of action. The TWS, a legal personality
acts in society in general to maximize their profit. Hence, the ethical
evaluation of TWS can consider under egoism. Utilitarian favours the society to
gain the maximum amount of good on it (Des Jardins 2009, p.30; Johnson, 2001, p.32
and Premasiri, 1998, p.110). In the modern society TWS provides a very
essential service, therefore the acts of TWS can consider using utilitarianism.
TWS has introduced number of links from August 2005, to generate revenue for them.
That means it has taken the advantage of considering many links as a means but
not an end. This is unethical according to Kant’s second formulation (Johnson,
2001, p.44; Dhammananda, 2004, p.70 and Kalansooriya, 2002, p.301). Hence, the
act of TWS can examine using Kant’s second categorical imperative too.
The normative ethical analysis of MySpace, Inc is done selecting the
appropriate theories namely teleology, deontology, and Kantianism. Egoism, utilitarianism,
and altruism are the theories
considered under teleology. Kant’s first
and the second categorical imperatives
are considered under the Kantian principles. The objectives of MySpace, Inc may
differ from TWS, but the consequences are the same as TWS. That is the existence
as a successful business organization in society. Hence MySpace, Inc too should
also be considered under the egoism, as the argument provided for TWS is
equally applied here. The fact discussed already under the utilitarianism of
TWS also equally applies for the MySpace, Inc since it is also a legal
personality in the business environment. Hence, the acts of MySpace, Inc can be
analysed using utilitarianism. Dhammananda (2004, p.81) says that altruism is
do the good as it is good without
considering benefits to the actor, what is possible in the future. MySpace, Inc
has adopted legal measures, it is costly, but provides an example for the
business people in the IT industry. Hence, there is a possibility of analyzing
the acts of MySpace Inc using altruism. De George (2003, p.211) reports exactly
similar case that is a court judgment James Strickland, known as “Strick”,
registered the domain name “Strick.com” in 1995. In 1997, the Strick
Corporation founded, which owns the trademark “Strick”, sued for use of its
trademark, but the court ruled that Strickland was not cyber squatting, did not
seek to sell its domain name for a profit, and had a legitimate first claim to
register that domain. As this considers breaking up courts given decisions that
is known as court made laws, it should be considered under deontology. Pierce (nd,
in Holt and Newton, 2004, p.67) further explains that in case of problems with
domain names and trademarks domain names are generally allocated to the first
person to register, although there are special arrangements to trademark owner
to have priority. Pierce further states that if somebody has already registered
the name that the other party is seeking to register, that party will only be
able to appose the registration in limited circumstances. The judgment
criterion here is the good faith so that, it is regarding will should consider
under Kant’s first categorical imperative (Kalansooriya, 2002, p.301; Bowie,
1999, pp.17-8; Premasiri, 1998, p.102 and et. al.). The domain name
myspace.co.uk is already registered and its owner is TWS since 1997. Nevertheless,
the company became after further six years (2003) takes legal action as a means
to achieve their objective of getting the ownership of domain name registered
by TWS. Accordingly, the morality of means and ends described in Kant’s second
formula in the early discussion the action of MySpace, Inc can be considered
under the Kant’s second formulation too.
The normative ethical analysis of public has done selection with utilitarianism
and deontology. Public are the consumers of services provided by both TWS and
MySpace, Inc. The consequences of both companies affect the welfare of public
not only in quality but also in numbers. Hence, Utilitarianism is very
appropriate to analyze the scenario since public are primary stakeholders in
the case. Consumers have rights to know how the business organizations are doing
in society, as it is right preserved in the summary of rights and remedies of
Supply of Goods and Services Act (c3, 1982), deontology is also very relevant
for the scenario concerning public.
The normative ethical analysis of ISPs has done selecting altruism,
egoism, deontology, and Kant’s second categorical imperative. Premasiri (1998,
pp.77-81) says that an act such as natural, done by an animal, done by under
age person or a person with developmental problems are immune from the
teleological analysis. According to Premasiri
(1998) to analyze, using teleology there should be an intention on the
awareness of the consequences of the act that is performed. In this case, ISPs
have no intention whether it is good or bad, useful or useless, because their
duty is to provide service to the domain owners and public (Johnson, 2001,
p.192). Hence, how ISPs are ethical could not be examined using teleological
theories. However, there is a contradictory view too. Altruism is a
teleological theory (Holland, 2010 and Dhammananda, 2004, p.81), which is
strictly is not self-interested, but includes in its goal, the interest of only
others. ISPs provide a service for others thus, it could be considered in altruism.
Harrison (2005, p.68) says any act, no matter how altruistic it might seem, is
actually motivated by the same selfish desire of the agent such as desire for
reward, avoidance of guilt, personal happiness and so forth. Hence, the acts of
ISPs are not only altruistic but also psychological egoistic. Hence, ISPs can
be considered under altruism and egoism. In any state (Great Britain or Sri
Lanka) ISPs have legal personality and facilitate rapid communication across vast
distances, bringing together user requirements. Providing a service is a duty
for them. Harrison (2005, p.36) says that legally defined duties, obligations
should be considered within a deontological framework, since ISPs have legally
defined duties, ISPs should consider under the deontological theories. The works
of ISPs can analyses using Kantian principles too, because one could argue that
ISPs have pure intention (will) of providing a service than go deep into legal
matters concerning ownership. One could argue that they provide the service
because it is a common good for the modern society. Hence, ISPs act can be
considered using Kant first formulation.
The normative ethical analysis of company (and patent) registrar has done
selecting altruism, egoism, deontology, and Kant’s second categorical
imperative. The arguments already discussed under the teleology of ISP’s is
exactly match with company (and patent) registrar and getting the registration
with company (and patent) registrar is a duty forced in the law of the state. Moreover,
Kant’s first formulation already discussed under the ISPs is also equally
applied for the company (and patent) registrar. Hence, company (and patent)
registrar acts can be analyze using altruism, egoism, deontology and Kant’s
first categorical imperative.
The normative ethical analysis of Social Networking Sites has done
selecting altruism, egoism, utilitarianism, deontology, and Kant’s second
categorical imperative. Arguments provided for ISPs acts under the altruism,
egoism are equally valid for Social Networking Sites. If we consider overall
roll of Social Networking Sites it of course can also be discussed under other
theories such as deontology and Kantianism but it is beyond the scenario.
Altruism, egoism, utilitarianism, and
Kant’s first formulation have selected to do the normative ethical analysis of British Computer Society and legal
associations. Professional associations work for the benefit of society
(Harris, Pritchard, and Rabins, 2003, p.301) which we also accept without
arguments. Hence, the acts of professional associations are altruistic their
action can consider under altruism. Harrison
(2005, p.68) explains a sort of egoism as ‘psychological egoism’, according to Harrison,
which is motivation by a concern for long-term best interest. The professional
associations are established and they work for long-term interest for the group
of people in the same profession. Therefore professional associations belongs
to egoism probably one could name it as group egoism. Professional associations
provided good service to the society maintain high standard of the profession
and they are benefited indirectly. Hence, professional associations can
consider under the utilitarianism. Murray
(1997, p.151) says that professional associations generally seek to establish
minimum standard of conduct for their members, with varying degree of
regulation and policing. That is a will of promoting the professional standard.
Therefore, because of its will the act of professional associations can
consider using Kant’s first formulation. In conclusion, British Computer
Society and legal associations can consider under altruism, egoism, utilitarianism,
and Kant’s first formulation.
Altruism, egoism, deontology, and
both Kant’s first and second categorical imperatives are selected to the
normative ethical analysis of Courts of
Law. The courts of law functions in society purely for the benefit of
society. Hence, its action can consider under altruism. The courts of law
enforce the law in society, which is a duty according to deontologist as discussed
before hence there action can consider under deontology. Kant insisted on
purity of moral goodwill, that is one should not do things because of the
outcome but because the action itself is right and further, moral action is not
a matter of doing things, which also comply, to moral duties but a matter of
doing the right things out of a sense of moral obligation (Pratley, 1997,
p.170). The best motive is the will to one’s duty. Hence, the courts of law
functions can analyze using Kant’s first formulation. The functions of courts
of law treat each person not merely as means, but also as an end in itself.
Thus, the functions of courts of law can analyze using Kant’s second
formulation too. In conclusion, altruism, egoism, deontology, and Kant’s first
and second and categorical imperatives can use to analyze the behaviour of
courts of law.
The possible theories for ethical
analysis of nine stakeholders, in which four are primary and five are secondary
have already discussed under egoism, utilitarianism, altruism, deontology, and both
Kant’s formulations. These theories of course give contradictory views. Apart from all these theories, Buddhist
Axiology provides very good approach to ethical analysis. They are presented in
various texts (sutras) such as five precepts, eight-fold-path of life, singalovada sutra in which explains the
duty, responsibility, and the role relationships between members in the
society, such as teachers and students, parents and children, employers and
employee, husband and wife, and so forth. If we consider the fourth precept of
five precepts, it is abstaining from not taking what is not given (steeling).
The fourth precept further explains five further requirements to judge the
action, namely should know the owner is someone else, the intention to take it,
planning a strategy, implementing a strategy and finally gaining the same. Up
to the point in this scenario MySpace, Inc violated three-fifth of the fourth
precept trying to take what is not given may it be materialistic or intellectual,
what ever the possibility from legal grounds. Hence, the action of MySpace, Inc
can explain in terms of buddhist axiology perfectly.
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