III. Issues
A. Ownership--Are Ideas Property?
1) Ideas should be set free
a)Information isn't information unless it is shared
b)Creators do not make much of the profit- publishers profit
c)Societal interests in unrestricted dissemination of thought
outweigh interests of the individual/corporate owner
d)Concept of originality--How many ideas are so truly original that
they merit legal protection as a form of property?
2) Owner should have right to restrict use
a)Creator should have moral right to control work- of integrity, the
right to withdraw a work from publication, and the right to decide if
and when a work will be published.
b)Creator should be compensated for work
i) Compensation will foster a creative society
ii) Creators ethically deserve reward for their contribution to
society (Mozart/Bizet)
c) Creators deserve attribution
B. Impact of Technology on Copyright Law
1)Philosophical Issues
a) Concept of ownership has been made obsolete
b) Change of people's attitudes toward intellectual property due to
ease of reproduction
2)Practical difficulties of applying old law to
new technology
a) Protection has been made impossible due to easy
reproduction
b) There are few laws regulating Cyberspace- there is no one country
that controls it or can force their intellectual property laws on
it
c) Traditional copyright law imposed criminal penalties only if an
intent to profit could be proved- posting on the Internet is the
antithesis of intent to profit
d) Difficulty in prosecution of law breakers
i) Sheer number of violaters (think Prohibition)
ii) Issues of jurisdiction and venue
iii) Evidentiary problems in proving Internet violations under
traditional rules of evidence
Ethical Implications for Educators- New for under Implications for Educators
Teachers are role models for their students. They should follow the law, but if the law is wrong, what do they do? They have a conflict. They are supposed to show their students to follow the rules (law), but they also need to teach that laws are not always right.
1) Citizenship Example
a) Follow Law
b) Civil Disobedience
c) "Poor" schools cannot afford to pay
d) Ignore Law- Publishers are making money- not creators- more
justification for breaking the law