Case Studies

Legitimacy of IP protection for software Should we, as a society, give IP protection for software? – We will consider a rights-based analysis, and a utilitarian analysis

IP Protection – Rights-based analysis Locke's notion – Mixing your labor with something gives you an ownership right in it. This is the Just Deserts argument. One could argue that if you mix your labor with something, you lose that labor. – If you pour your juice into the river, you don't own the river; you lose your juice. – Of course, no-one else should be able to claim ownership to the product of your labor.

Tangible property vs. IP Each piece of IP is unique Copying IP is different from copying tangible property

IP – Utilitarian analysis Failing to provide IP protection leads to reduced software sales (claim 1), and decline in software industry will result in fewer products (claim 2), and society is harmed (claim 3). 1.Cannot make a statement that copying always leads to lost sales. Many people who copy have no money to buy the original. (India) 2.Microsoft is healthy, even with rampant copying. Open source software shows that many people produce software for fun. (Claim 2). 3.The software industry is not responsible for all software production e.g. system software, and bundled software (Claim 2). Intel would like 'bigger' programs, to increase demand for computers. 4.Not all software benefits society. Utility of software must be weighed against utility of letting people give away software to help their friends.

Copying a CD Analyze the illegal act of copying a CD containing copyrighted music and giving it to a friend. Make up the details if and when required. – Social contract – Kantian – Rule utilitarian – Act utilitarian – Virtue ethics

Social contract A.Ethical B.Unethical All else being equal, we should obey the law. So, by social contract, the action is unethical.

Kantian A.Ethical B.Unethical According to Kant, property rights are the result of an implicit social contract. Everyone must therefore respect each other's property rights, and, in this case, the copyright owner's. Hence copying is unethical.

Rule Utilitarian A.Ethical B.Unethical The moral rule might be 'obey the law'. If this rule were violated, the harm would be far greater than the good. Hence copying is unethical.

Act Utilitarian A.Ethical B.Unethical Consider special case where friend is sick, needs quiet music, and you are broke. Benefit to friend is cost of CD$15 Benefit to me (feel good, cost of lunch)$10 Harm to me (no danger of jail)-$0 Harm to copyright owner (no lost sale)-$0 Harm to police, legal system-$0 Net$25

Virtue Ethics A.Ethical B.Unethical Virtue of Honesty as a citizenNo Virtue of helping a friendYes

'Which' or 'That' 1.The book that I borrowed last week is due today. 2.The book, which I borrowed last week, is due today. 3.The book which I borrowed last week is due today. Which is correct? A.1 only B.2 only C.3 only D.1 & 2 E.2 & 3

"I had borrowed two books from the library last week; one was borrowed on Monday, and the other on Tuesday. 1.I already finished the book that I borrowed last Monday." 2.I already finished the book which I borrowed last Monday." Which is correct? A: 1 B: 2C: BothD: Neither

Other examples 1. Our house [that has a red door and green shutters] needs painting. (I have many houses.) 2. Our house, [which has a red door and green shutters], needs painting. (I have only 1 house.) 3. The classrooms [that were painted over the summer] are bright and cheerful. (Only the painted rooms are bright.) 4. The classrooms, [which were painted over the summer], are bright and cheerful. (All the rooms are bright.)