Business & Commercial

From The “Law vs Ethics” Files: PETA Chooses To Harm An Artist On Behalf Of A Monkey Who Couldn’t Care Less, And Judges Think It’s An Amusing Legal Condundrum

/ Jack Marshall / 26 Comments

“I’m baaaaack!”

When we last heard from  photographer David Slater, the U.S. Copyright Office had rejected his claim that he owned the  copyright for the famous series of selfies presumably taken unintentionally by a Celebes crested macaque.  In 2011,  Slater spent several days following and photographing a troop of macaques in Sulawesi, Indonesia, and the selfies were a lucky bi-product that quickly became a web sensation. Slater had asserted ownership over the photos, and had demanded that various on-line users, such as Wikipedia, either take them down or pay him as the copyright holder. The ruling of the Copyright Office was based on the theory that Slater had not taken the photo, so he was not the creator, and animals couldn’t own copyrights, so the photos were in the public domain.

Pop Ethics Quiz: Would it have been unethical had Slater simply released the photos without revealing that the selfies had been the lucky result of an  accident, snapped by the monkey while it was messing around with his equipment?

About the Copyright Office’s ruling: I’m dubious. Slater owned the equipment, and had the sense to preserve the photos. A decision that if a photo is taken accidentally by a non-human or an act of God, the photographer who owns the equipment gets the copyright would have been fair.  Zapruder owned the film that inadvertently caught President Kennedy having his forehead shot off, and it made him rich. Slater’s claim just goes a step further: Zapruder left the street  to buy a hotdog, put his camera on on a trash can and asked a friend to “watch it,” and a dog turned the camera on, catching the grisly scene. So Zapruder doesn’t own the film anymore? Does that make sense to you?

Well, that was the ruling anyway. Then things got really ridiculous. Slater included the monkey selfies in a book, and People for the Ethical Treatment of Animals (PETA)  brought a law suit against Slater on behalf of the monkey,which PETA claims is named Naruto, and asked that PETA be appointed to administer proceeds from the photos for the benefit of Naruto and other crested macaques in the reserve on Sulawesi. So PETA would suddenly be the de facto copyright holder. Continue reading →

Ethics Quiz: Let The Seller Beware?

/ Jack Marshall / 75 Comments

My son, an auto mechanic and an BMW enthusiast. just purchased a used BMW for 300 dollars from a customer who was frustrated with the car and not willing to pay any more to repair it. He regarded the purchase as great deal, but it was even a better deal than he thought. While he was checking out the car last night, be discovered that a spark plug had been misinstalled by the owner. When it was replaced, the engine sang like Beverley Sills.

My son said that he had suggested to the owner that he change the spark plugs, but had been told that this had recently been done. “He was nasty about it, too,” he said. “Would he have sold you the car for such a low price if the car was running the way it is now?” I asked.

“Never,” my son replied.

Your Ethics Quiz of the Day:

Is there an ethical duty to offer the car back to the original owner when it is discovered after the purchase that the vehicle was better and more valuable than the owner thought?

Secondary question: My son says that he might feel badly about the deal if the owner hadn’t been such a jackass throughout the transaction, and not only rejected his advice that would have revealed the car’s problem, but did so abusively.

Is that a valid and relevant ethical consideration?

 

Morning Ethics Warm-Up: 7/13/17

/ Jack Marshall / 26 Comments

Good Morning!

1. I owe Robin Meade an apology. The astoundingly bright-eyed, bushy-tailed HLN morning host has been used here as an an example of the sexism of broadcast news media producers, and it is true that she is uncommonly attractive even by “news babe” standards. However, I have come to realize that she is also a unique talent, and more than just a pretty face and figure. Meade has natural presence and charisma, projects genuine optimism and and an up-beat nature, and most unusual of all, doesn’t spin the news or tilt her delivery to signal her own opinion. She’s really good at what she does. I’m sorry Robin; I was biased against you because you are attractive, which is just as wrong as being biased for you. You’re a pro, through and through.

2. Constitutional law expert Eugene Volokh (who is also my favorite candidate for a Supreme Court post if one opens up) published what I consider to be a definitive refutation of the claim that receiving opposition research, as in “damaging information about Hillary Clinton,” is a crime under current law. He also makes a case that it couldn’t be criminalized under future law:

“It would raise obvious First Amendment problems: First, noncitizens, and likely even non-permanent-residents, in the United States have broad First Amendment rights. See Bridges v. Wixon, 326 U.S. 135 (1945) (“freedom of speech and of press is accorded aliens residing in this country”); Underwager v. Channel 9 Australia, 69 F.3d 361 (9th Cir. 1995) (“We conclude that the speech protections of the First Amendment at a minimum apply to all persons legally within our borders,” including ones who are not permanent residents).

Second, Americans have the right to receive information even from speakers who are entirely abroad. See Lamont v. Postmaster General, 381 U.S. 301 (1965). Can Americans — whether political candidates or anyone else — really be barred from asking questions of foreigners, just because the answers might be especially important to voters?”

The professor concludes not. I hadn’t even considered the First Amendment issue in determining that the election law prohibition against receiving “anything of value” benefiting a candidate from a foreign nation or individual was not intended to preclude mere information, but Volokh’s argument seems air tight. Continue reading →

Ethics Quiz: The Neglectful Mom

/ Jack Marshall / 55 Comments

An upstate New York mother allowed her 10-year-old child to shop alone at the LEGO store as she shopped at a different store in the same mall. It appears that the LEGO store’s personnel called the mall’s security, and the child’s mother was arrested and charged with endangering the welfare of a child. The store does have a sign that states that children under the age of 12 must be accompanied by an adult.

Arresting the mother is obviously absurd over-kill. Obviously also, the LEGO store has a right to have whatever policy it chooses regarding unaccompanied children. However the question remains, and is the Ethics Alarms Ethics Quiz of the Day…

Is it irresponsible for a mother to allow her 10-year-old to shop alone if the mother is shopping in the same mall?

Related questions as you ponder: Continue reading →

Morning Ethics Round-Up: 7/8/17

/ Jack Marshall / 22 Comments

Good Morning!

Trying to warm myself up too, as I have to address a room full of new D.C.  bar admittees and tell them about their new ethics rules less than two hours from now….let’s see how much I can get down before by wife starts threatening me for not being dressed yet…

1. If anyone pays attention, Fox News is providing  nifty lessons to all organizations about how fish rot from the head down,  and how a pervasive unethical culture keeps going like the Energizer Bunny until it is decisively changed by responsible leadership. Yet another Fox News host,”Making Money’s” Charles Payne, is being disciplined and may be on the way out after  allegations of “professional misconduct,” sexual harassment, and more. It seems that the married analyst was having an affair with one of the blonde clones Fox’s Roger Ailes liked to have on the air, and had her fired after their tryst went sour. I assumed that Fox News was a hotbed of this kind of thing even before Aisles was exposed as a serial harasser; it was laughably obvious, with so many women dressing and sounding like cheerleaders and the on-air banter on “Fox and Friends” often crossing lines. If Payne is the last employee publicly fingered for harassment, it is only because Fox News is handing out preemptive settlements like Halloween candy. This was all right there, in front of millions, for anyone to see, and for Fox News management to stop, for decades before it blew up. Incredible.

2. I watched “Spotlight” again last night, and couldn’t stop thinking about CNN. The Catholic Church sexual molestation scandal doesn’t have much in common with the current descent of the U.S. newsmedia into ethical corruption and professional disgrace, except this: in both cases, leadership of  institutions that depend on and are based on trust and faith have willingly embarked on a course directly in opposition to the core values they were supposed to be committed to, and used the rationalizations  #13. The Saint’s Excuse: “It’s for a good cause” and #14. Self-validating Virtue to blind themselves for years, doing immeasurable and perhaps permanent harm to society and themselves in the process, not to mention their millions of victims. When in the movie did this parallel start occurring to me? When the film started showing angry Catholics attacking the reporters for daring to expose the truth, because the Church did so much good, and because anyone exposing an institution that was so vital to society was the real villain. Today what I hear is that because we need a courageous, reliable, independent free press (ironically, “Spotlight” shows why) we should pretend the press we have meets those standards, even when it has rejected them for partisan bias.

I envision a time when the whole news media looks back on 2016 and 2017 and wonders how they could have behaved so badly, and done such damage to the public trust.  I just hope that time arrives soon.

3. I can’t imagine a more audacious, in-your-face-display of inappropriate partisan arrogance than New York City Mayor Bill DeBlasio’s decision to fly to Hamburg, Germany, to join leftist and anarchist protesters at the G-20 summit. To do this, he is skipping the swearing-in of a new  class of NYPD recruits  at a time when the assassination of Officer Miosotis Familia, would seem to dictate a mayoral show of support for the police, and it was recently reported that his city is experiencing a rise in homelessness to levels not seen in decades. What a great time to relive his student protesting days instead of doing his job!

Fun question: who is the more egregious jerk, Governor Christie, or DeBlasio?

4.

Ugh…I am being threatened with defenestration if I don’t shave. Back later…

From The “Trump-Hate Disabling News Media Ethics Alarms” Files: The Washington Post “Kids Chorus”

/ Jack Marshall / 25 Comments

For those inexplicably loyal fans of the news media who said to themselves, “Well, CNN is an exception. The other respected news organizations will never let the President push them to completely alienate the public’s trust,” here is the hard, cruel truth: you are dead wrong. Open your eyes.

Witness the Washington Post, which somehow thought that it would enhance its reputation as a fair, independent, responsible and objective news source by recruiting a group of children to mock President Trump by singing his tweets. This was a Washington Post promotion, now. The Post believes that its readers want to get their news from a newspaper that gratuitously ridicules the President of the United States.  Maybe they are right. Such readers, however, are not looking for facts, or objective analysis. Those readers are looking to feed their confirmation bias.

At “The Hill,” reporter Jonathan Easley tweeted: “WaPo getting kids to mockingly sing Trump’s tweets seems needlessly antagonistic and a dumb move right now.” 

Gee, ya think?

I’m trying to imagine the long list of broken ethics alarms that had to malfunction for the Post to let this get all the way through conception, to production, to publication. Nobody in the chain of command said, “Yeah, that’s hilarious, but let’s leave this kind of thing to Jimmy Kimmel, okay? We’re a newspaper.” Nobody. Nobody thought that this would simply confirm what media critics have been saying about toxic anti-Trump bias. Nobody thought about how a graphic demonstration of this mindset at the paper would undercut any claim that the Post is capable of fair reporting on an elected leader it would show such disrespect to just to make a promotional pitch. Nobody. Continue reading →

Dear Idiots: Please Stop Making Me Defend The Bigoted Baker

/ Jack Marshall / 88 Comments

I am pleased that the Supreme Court will be taking the case of Jack Phillips, the Colorado baker who refused to sell a wedding cake to a gay couple because, he said, they wanted it to be customized, and doing so would offend his faith.  His claim is based on the First Amendment, which prevents the government from making you say what you don’t want to say as much as it prevents the government from stopping you from saying what you want to.

Colorado’s courts denied that Phillips was doing anything but saying that he doesn’t like or respect gays sufficiently to make the exact same cake for them that he would make for non-gays.  I agree with their holding that his actions violated the public accommodations laws. I wrote when this case first reared its frosted head…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Now that SCOTUS has decided, by agreeing to review the case,  that he has perhaps a scrawny, shaky legal leg to stand on before they kick it out from under him, Phillips and his lawyer are taking a premature victory lap, as if making it quite clear that you think gays are second class citizens is something to be proud of (and, sadly, too many still think it is.) Their publicity campaign took them all the way to The View, a wise choice. After all, nothing can make an unethical position seem more persuasive than when it is being attacked by idiots, and idiots of the left-wing persuasion are pretty much what ABC’s “Six Opinionated Female B and C List Celebrities Sitting Around Slamming Conservatives”  daytime show has to offer. (To be fair, the show usually has one even dumber right-wing idiot on hand to make the left-wing idiots seem astute by comparison.) Continue reading →

The New Rationalization #23: The Dealer’s Excuse, or “I’m just giving them what they want!”

/ Jack Marshall / 6 Comments

The new Rationalization #23, The Dealer’s Excuse. or “I’m just giving them what they want!” now bumps Woody’s Excuse: “The heart wants what the heart wants” to sub-rationalization status as 23A.

Good. Woody Allen doesn’t deserve a free-standing rationalization.

While narcissist Woody’s contribution to the Ethics Alarms Rationalizations list states that something is ethical if you want it badly enough, as in, “I really, really want to have sex with my adopted daughter,” its recently revealed parent hold that conduct becomes justifiable and benign if there is a market for it. Woody’s excuse is bad, but this is worse. For one thing, it’s usually disingenuous. Those who employ the Dealer’s Excuse aren’t providing a service out of altruistic motives, but out of the profit motive. They want the money they can make by doing unethical things that make society uglier, dysfunctional and dangerous, and they really don’t care if their customers come to a bad end or bring miseries to others.

The most famous exposition of The Dealer’s Excuse is in “The Godfather,” as Don Corleone and the other mafia heads discuss their “business.” The Godfather is balking at adding drugs to the mob’s businesses, and says:

When — when did I ever refuse an accommodation? All of you know me here — when did I ever refuse? — except one time. And why? Because — I believe this drug business — is gonna destroy us in the years to come. I mean, it’s not like gambling or liquor — even women –which is something that most people want nowadays, and is forbidden to them by the pezzonovante of the Church. Even the police departments that’ve helped us in the past with gambling and other things are gonna refuse to help us when in comes to narcotics. And I believed that — then — and I believe that now.

Continue reading →

Ethics Heroes: Andy Mitchell, Samee Dowlatshahi, And Friends

/ Jack Marshall / 15 Comments

 

Rockwall, Texas resident Andy Mitchell posted a photo on Facebook of himself and Justin Korva, a young stranger whom Mitchell had picked up and driven to his job after seeing him walking to work in his work uniform  in 90 degree weather. He was stunned and impressed to learn that Korva walks three miles each way to his low-paying job at Taco Casa, a fast food restaurant,

“To all the people that say they want to work but can’t find a job or don’t have a vehicle all I can say is you don’t want it bad enough!” Mitchell wrote on the Facebook post. Mitchell then used his post as a springboard to raise money to buy a car for Korva, who is 20.  It took less than 30 hours to raise $5,500. 

Samee Dowlatshahi, the owner of a pizza restaurant who had set up a donation box for Korva’s transportation inside his establishment,  contacted a friend at a local Toyota dealership. The friend told his boss about Korva, and persuaded the dealership to drop the price of a white 2004 Toyota Camry. This allowed Mitchell’s group to buy the car, pay Korva’s insurance for a year, and finance two years’ worth of oil changes along with a $500 gas card.

“Are you serious?” Korva said as Mitchell handed him the keys.

Dowlatshahi said,, “We just want you to know, seriously, this community, nothing we love better than to have someone who works hard. We take a lot of pride in that. It’s so hot out here, I can’t believe you walk even one mile in this heat.”

There is hope.

Morning Ethics Warm-Up: 6/29/17

/ Jack Marshall / 72 Comments

1.  The GOP’s travails as it tries to fix, replace or repeal Obamacare continues to be mocked in both the conservative and liberal media, and by the Democrats who caused the crisis in the first place. Ethically, the party is behaving like a responsible party should with major legislation: not moving in lockstep, with sufficient members of Congress withholding support until the new law appears to be competent and an improvement of the current one. The damned if you do/damned if you don’t game Democrats and the media are playing is wildly dishonest and calculated to win political points at the expense of getting a better system than the festering mess called the Affordable Care Act (irresponsibly passed with public misrepresentations and parliamentary tricks by the other party.)

True, many of the balking Republicans are basing their opposition to the current law less on principle than on polls, which now show a majority of citizens don’t like the proposed bill. On matters of complexity and national importance, polls should play exactly no role in legislation at all. How many of those polled have read the bill or understand it? A tenth of a per cent? Less? Uninformed opinions based on hearsay, ignorance and propaganda are worthless (and after the 2016 election, polls may be as well) ; this is why we have representative democracy and not a direct democracy. Legislators and executive who use polls as crutches are either incompetent, dishonest, cowards, or all three.

2. Especially in light of the despicable tactics of Democrats who are accusing Republicans of killing people by reforming Obamacare, the proper Republican response, which would have the advantage of being both fair and politically smart, would be to announce, through the President:

The failure of the Affordable Care Act is now no longer debatable. Projections for 2018 show massive premium increases. Insurers are pulling out of many markets. The optimistic CBO projections, which critics correctly called absurd at the time, have been decisively shown to be wrong. This law was passed by one party only, using public disinformation,  dubious methods and dirty politics. It has made health care for the public as a whole less affordable, and done nothing to lower health care costs or improve health care quality.

It is now clear that the Democratic Party’s strategy is to shift responsibility for this fiasco to Republicans, by viciously attacking any attempts to fix Obamacare while also preparing to condemn the party if the current law leads to disaster, as it almost surely will on its current course. The Democrats, in short, are placing political considerations over the nation’s health and welfare. Therefore, as of today, the Republican Party will not seek to pass, nor will I sign into law, any health care insurance law or any revisions of the current Affordable Care Act that does not originate from Congressional Democrats, and that Congressional Democrats do not accept accountability for in every respect. The Republican Party will support any such bill, reserving of course the right to suggest additions and changes, but only if there is no question regarding the Democratic Party’s ultimate responsibility for its drafting, as an admission that their original law was fatally flawed.

In the absence of such a bill, I and the Republican Congress will allow the  this “signature legacy of President Obama” to continue, with the understanding that its failure is a Democratic failure, and the lack of a timely fix is entirely due to the cynical tactics of the party that created it.

3. Unethical Quote Of The Day That Is So Predictable That It Isn’t Worth Posting As The Unethical Quote of the Day: Salon

This will be a short break, a one-day experiment: June 27 will be Trump-Free Tuesday here on Salon.

We’ve been thinking about this for a while, and it seems like the right moment. There are so many other things to talk about and think about, in politics, culture or our daily lives. We are stuck with this guy for the foreseeable future, which is a difficult truth for many of us to handle. If we cannot dislodge him from the White House anytime soon, maybe we can start to deflate the outsized role he plays in our national psychology. This is a baby step in that direction.

How will Trump-Free Tuesday work? We have established some rules for ourselves — which we are prepared to break under certain circumstances we have tried to define in advance. (Those circumstances seem unlikely. But who knows what counts as likely anymore?)

We will not publish the president’s name on Tuesday or use his picture. We will not cover his outrageous Twitter utterances or deride his surrogates for whatever stupid things they may or may not say on television. (We try not to do that the rest of the time, too.) We’re certainly going to cover American politics and the United States government, but we will avoid focusing on the dominant personality at the top of the pyramid. We will strive to focus on issues and policies and how they are likely to affect the lives of our readers.

Note the smoking-gun line “If we cannot dislodge him from the White House anytime soon…” Continue reading →