Issue of the Software Theft - Case Study Example

Theft on Software Affiliation Executive Summary Ethics are an important composition of life. In technology, their application is limited; nevertheless, they still find various uses. One being that of piracy and illegal sharing of software. In the described case study, Primal Pictures is faced with the problem of software pirating and illegal sharing on peer-to-peer download torrent sites. However, it seeks to use various ethical theory and principle approaches to curb and stop the occurrence of the same case scenario again as it has taken steps to stop it. Theft on Software Introduction The improvements in technology have led to the increased innovations of the digital world. Some years ago, what is inexistent today did not exist. Again, the modern world is in a period where there is an outburst of research and innovative concepts that are been realised day in day out. The level of innovations has grown and that can only be attributed to technology. The most outstanding thing about it is in the speed of innovation. The rate of innovation has increased dramatically such that each day, a better version, or model of a technological item is created [1]. In the digital world, where software is the main norm, this is the case. The software that is produced is the real reason that a lot of the hardware that is in use functions as it does. Hence, companies like the Primal Pictures manufactures software that avails precise 3-D models of the human anatomy, which is no mean achievement. In spite of this prudent innovation that can be used in learning, health services and research, the company is faced with an infringement of its intellectual property, which is the software. Piracy, an ethical problem, is threatening its existence as the software is copied using DVDs that are then sold to people as fake versions of the software. In addition, there is the sharing of the same software through sites that permit peer-to-peer torrents download. The shared versions of this software are the pirated ones. Due to these threats, the company sought the help of the Federation against Software Theft (FAST) who tried to stop the illegal distribution of the software by closing some of the online retailers who were selling the software without legal permission. The company also had several listings available on Google brought down. It tried the legal road, which proved tough. Hence, the paper is going to examine the ethical theories and principle aspects of the case study. As noted, the ethical problem surrounding the software of Primal Pictures is piracy [2]. The question is what makes piracy an ethical problem? Piracy is the unlawful copying of software to sell, distribute, or share it without express permission from the legal and rightful owner [3]. It has been noted in research studies that in spite of the existence of regulations and laws guarding against software piracy, it still thrives in today’s society. In fact, it has been shown that it is on the rise and the amounts of losses resulting from its increase are on an upward trend [3]. This in itself is a threat to the existence of the software producing companies, their employees, and the software industry as a whole. A careful examination of the issues shows that the issues have grave consequences, not only to the companies that produce software, but also to other institutions such as the government on an indirect basis. The reason being that a lot of tax is lost through piracy that reduces the amount of funds available for government related projects. Ethically, there are many questions to be answered, as some people seem to present ideas that are in support of software sharing. Their arguments cannot be done away with. At the same time, opponents of illegal sharing of these software point out to the ethical aspects of these actions. Normally, many individuals do not even realise that they are even committing a crime or are doing something that is ethically wrong when purchasing or obtaining illegally copied software [4]. Research has shown that a certain percentage of people though that it was right to copy and share software, with 17-21 % agreeing to it [5]. That is the reason it is right to say that the ethical issues surrounding piracy and illegal sharing of software is quite not straightforward. One thing though is that, when an individual copies a software and shares it through peer-to-peer torrent sites or using DVDs then the license stipulated in the software is dishonoured. The act is violation of the law, but the key question is, is it, or is it not ethical. Needless say, illegality does not make it unethical. For example, if the software is reproduced numerous times without using any copies of the original version produced by the company at no cost, is such an act ethical or unethical? Hence, it is inferred that some sense of uncertainty occurs when software sharing and piracy is considered as the company is not prohibited from continual production and sale of the same. The ethical theories and principles that are of consideration when it comes to the said software license violation are few and limited. The ethical theory that can be considered in software piracy and illegal sharing is utilitarian. Under the utilitarian theoretical perspective, the consequence or result of the act is considered. Hence, in the case at hand, are the results of piracy detrimental or advantageous? Thus, pirating of the software under the utilitarian theory does not look at the act itself, it examines and questions the result of the piracy act [6]. Under this theory, the piracy and illegal sharing acts cannot be regarded as unethical. If it is considered that, a worker in a certain research firm decides to copy a pirated version of the 3-D producing software to enhance his or her workplace productivity, is he ethical or not? If it does boost the productivity of the employee and the research firm was not going to buy the software through whichever way, then one cannot assume that the producing company has received a financial hit [6]. Most importantly, selling this software to the single person would yield negligible results [6]. Thus, it can be said that the worker profits without affecting the producing company in any noteworthy manner. Thus, ethically, under the utilitarian theory, the merits of the action by the worker is more than the disadvantages of the action, hence, it could be termed as ethically all right [6]. Nevertheless, then, how can it be used to prevent piracy? However, another applicable theory is that of the deontological outlook. Under it, the results are not considered, but the action itself. Thus, in the illegal copying and sharing of software, it can be considered that the manufacturer has used resources to produce the software. It has gone ahead to license it, which it does not forcefully induce buyers into accepting. In these licences, unauthorised copying and sharing of the software product is hindered. Thus, the act of doing the opposite of what the accepted license asks for is unethical [7]. Further, ethical egoism stipulates that an individual is supposed to do what he or she deems the best for his or her welfare. It has always been argued that this theory defeats the self; thus, the performance of a society is bad if it is made up of such individuals. The ethics of conscience states that a person is led by his or her inner thoughts. Thus, right or wrong can be determined based on these inner thoughts [8]. Finally, there is virtue ethics. A theory that pursues to cultivate the character of a person. The theory adopts the notion that the individual has the willpower to make the right choices. Thus, it is up to the person to determine what good means to him or her. At times, good people do wrong and bad people do the right things [9]. Hence, with these ethical theories and principles that have been discussed above, the issue of piracy and sharing of the software produced by Primal Pictures on peer-to-peer download sites can be analysed. The major question in this part is how this can be prevented in future. Bearing in mind the measures the company has tried to take by contacting the appropriate regulation board, FAST, and taking legal action that has been challenged by hackers. Going through the case study itself, it is possible to apply utilitarianism to hinder the occurrence of the same event in future. If it is considered that, all people did acquire the software through piracy; Primal Pictures would experience huge losses leading to bankruptcy or its closure. As a result, the development of the software would be derailed with these losses. Thus, the theory could be used to explain the results of peer-to-peer downloading to Google, which can then close down these sites to hinder piracy. Moreover, the consequences can be explained to the both the customers and potential buyers, so that they take it upon themselves to appreciate the results of not sharing or copying the software from DVDs without the authentication of the company. Virtue ethics touches on the personal character of a person (Schermerhorn, 2010). The case study talks of hackers who closed down the ACS Law firm after it assisted Primal Pictures in the legal suit to control and hinder piracy and illegal sharing of the software it produces. Did they do the right thing? One, hacking a law firm that was not even preventing their hacking activities is not a good decision. The theory can be used to send out messages to these hackers telling them that it is wrong to target firms that are not even obstructing their work. In addition, when a person pirates the software, and as a result goes against the law, it does not indicate a good personality. Such a person can be assumed to break more laws in future. Thus, law enforcement agencies have to arrest and prosecute him or her for violating the law in the first place and the likelihood of him breaking more laws. Primal Pictures has taken the necessary steps to hinder the piracy or the illegal sharing of its software through a license agreement, it can be deduced that, it has taken a standard legal business measure. Hence, going against the license regulations, of which illegal copying and sharing of the software is prohibited, is unethical. Especially because it goes against the wish of Primal Pictures. Buyers are not forced into accepting the licence agreements. It is categorically stated that the software should not be copied or shared without the consent of Primal Pictures. Thus, the company can write in the software agreement in bold and capital letters that ethically, it is wrong to go against the regulations of the licence. Doing so will go a long way in triggering the action and decisions of the human brain, which is vital in the prevention of the incidents taking place once more. Under ethical egoism, the company can run an advertisement in the local dailies, television, and radio channels to champion for the shared interest in the existence of the company and the product. Thus, it is in the interest of everyone that the software is not pirated considering that it contributes to the well-being of friends and family. Again, the people who are breadwinners of many families including somewhere the software has been illegally copied and pirated risk losing their jobs if Primal Pictures closes down. Conclusion The ethical theories used to analyse the case study avail pivotal means through which various actions such as piracy can be curbed in the society. Applying the context and ideas in them goes a great way in ensuring that the rule of law is maintained. They also ensure that agreements, in the form of a licence in this case, are upheld and can be used against any misdoing. Thus, ethical theories and principles are applicable in the management of software usage, especially within the law. References 1. OECD. (2012). OECD Science, Technology and Industry Outlook 2012. New York: OECD Publishing. 2. Albanese, J. S. (Ed.). (2011). Combating Piracy: Intellectual Property Theft and Fraud. New Brunswick: Transaction Publishers. 3. Maras, M. (2014). Computer Forensics. Burlington: Jones & Bartlett Publishers. 4. Ali, S. (Ed.). (2001). Ethical Issues of Information Systems. Hershey: Idea Group Inc (IGI). 5. Information Resources Management Association. International Conference. (2000). Challenges of Information Technology Management in the 21st Century: 2000 Information Resources Management Association International Conference, Anchorage, Alaska, USA, May 21-24, 2000. London : Idea Group Inc (IGI). 6. Stumpf, C. (2012). The Ethics of Copyright in the Digital Age. In S. Swan (Ed.), On the Cyber (pp. 87-91). London: Lulu.com. 7. Jeurissen, R. (Ed.). (2007). Ethics & Business. Assen: Uitgeverij Van Gorcum. 8. Rocci, L. (Ed.). (2008). Handbook of Research on Technoethics. Hersbey: IGI Global. 9. Reynolds, G. (2014). Ethics in Information Technology (5 ed.). New York: Cengage Learning. 10. Schermerhorn, J. J. (2010). Management (11 ed.). Hoboken: John Wiley & Sons. Read More