Ethical Visions
Transcript of Ethical Visions
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James GrimmelmannThe Internet as Playground and Factory
13 November 2009
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GOALS
Give a reading of copyright law in narrowly
relational, ethical terms
Situate some common arguments about copyright inrhetorical relationship to that reading
Discuss ambiguity of sharing rhetoric
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FOUR ETHICAL SCRIPTS
Respect copyrights.
Dont sue your customers.
Software should be free
I like to share.
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THERES AN ETHICAL
VISION AT WORK HERE
Its easy to tell a story about trade secret law withoutusing phrases like efficient precautions
Improper means violate commercial morality
Breach of confidence is a betrayal of trust
Espionage is intrusive and aggressiveDespite scholarly effort, courts often hew tomoralistic reasoning
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ETHICAL VISION
It embodies expectations about how people behave
With a distinctly ethical tone
Emphasis on relationships
Often nonconsequentialist
It makes claims about the relationship among theaction, its ethical status, and its legal treatment
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ARGUMENT SCHEMAS
Justification: Corporate espionage is [. . .], so tradesecret law ought to prohibit it.
Articulation: The [. . .] goals of trade secret law will befurthered by preventing airplane surveillance.
Education: Because airplane surveillance violates
trade secret law, its [. . .].
Challenge: Airplane surveillance isnt [. . .], so tradesecret law should be changed . . . (and so on)
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ETHICAL CLAIMS
Justification: Corporate espionage is unethical, so tradesecret law ought to prohibit it.
Articulation: The ethical goals of trade secret law willbe furthered by preventing airplane surveillance.
Education: Because airplane surveillance violates
trade secret law, its unethical.
Challenge: Airplane surveillance isnt unethical, sotrade secret law should be changed . . . (and so on)
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Ben Shearn, SHEARN-407,http://www.flickr.com/photos/benshearn/2319448224/
http://www.flickr.com/photos/benshearn/2319448224/http://www.flickr.com/photos/benshearn/2319448224/ -
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ETHICAL TRACES IN
COPYRIGHT LAW
Bleistein makes the market the judge of quality
Moralistic anti-copying opinions vs. remix as respect
Copyright misuse prevents overreaching
Statutory exceptions for especially good institutions
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RESPECT
COPYRIGHTS
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COMMON THEMES
Language of respect
Creators humanized; middlemen hiddenFandom encouraged and channeled
Copyright law unproblematically reflects ethics
Monetary exchange is the basic indicator of legal (andethical) behavior
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DONT
SUE YOUR
CUSTOMERS
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COMMON THEMES
Audiences humanized, authors hidden, middlemenexcoriated
Audiences portrayed as ready and willing toparticipate in monetary exchange with authors
Lawsuits depicted as betrayals of authorial duty of
good faith negotiationCopyright law abused, but fixable to conform withethical principles
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COMMON GROUND?
Ethical vision: mutual, respectful, price-mediatedexchange between author and audience
No one contests mutuality of obligation
Copyright should (and does?) reflect this vision
The basis of divergence is whos responsible for the
breakdown of normal commerce
With similar divergence on proper legal responseswithin the dominant ethical vision
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SOFTWARE
SHOULD
BE FREE
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COMMON THEMES
Overreaching authors unethically deprive users ( . . .and audiences more broadly) of basic freedoms
Copyright law (inherently) supports this authorialoppression, and may thus be irredeemably unethical
License jujitsu as necessary compromise to live
ethically within unethical copyright systemExchange-for-money may not be problematic, but theexclusive rights backing it up are
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I LOVE TO
SHARE
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COMMON THEMES
Sharing valorized as showing respect for audience
Author/audience division less stark
Language of conversation, commons, community
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MAPPING CONNECTIONS
The dominant ethical vision: market exchange
Respect copyrights and Dont sue yourcustomers emphasize its mutuality
The critique: exclusive rights are wrong
Software should be free makes the case
I like to share is ambivalent between these visions
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MAPPING CONNECTIONS
Selling is Ethical Selling is Unethical
Respect copyrights.Dont sue customers.
Software should be free.
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IS SHARING RADICAL?
Possible within existingcopyright system
Complements otherbusiness models
Accepts authorial
choice rhetoric
No claims about non-sharing authors
Can look like a worldwithout copyright
Demonstrates non-monetary model
Natural affinity to
strong freedom claims
If sharing is good, not-sharing is bad
NO YES
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MAPPING CONNECTIONS
Selling is Ethical Selling is Unethical
Respect copyrights.Dont sue customers.
Software should be free.
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MAPPING CONNECTIONS
Selling is Ethical Selling is Unethical
Sharing is Ethical
Sharing is Unethical
Dont sue
customers.
Software should be
free.
Respect
copyrights.
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FURTHER QUESTIONS
Stability of hybrids?Crafting doctrines that fit with ethical scripts?
Relationship between these ethical scripts and
consequentialist stories about overall effects?
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