The “Bad Art Friend” Ethics Train Wreck

trainwreck

I’ve been trying to decide what to do with this story since last October 5, when the New York Times published the longest damn article about a relatively insular ethics and legal dispute that I have ever read. The issues raised by the episode are well worth considering on an ethics blog, but the effort required to describe the facts adequately enough to examine those issues is prohibitive. The Times piece, by novelist Robert Kolker, is over 9,600 words long, and the tale, though interesting from an ethics perspective, just isn’t that interesting.

To fully understand “What’s going on here?” requires reading the whole thing, but I am going to attempt to summarize the main features of this weird story and flag the ethics issues.

Here goes nothin’…

1.Dawn Dorland is an aspiring writer and, according to her friends, an aggressively kind and empathetic person. In 2015, she donated one of her kidneys in a so-called non-directed donation, where her kidney was not meant for anyone in particular but was part of a donation chain, coordinated by surgeons to provide kidneys to recipients desperate for the organ.

Good for her. Kind, compassionate, generous. Obviously ethical.

2. Several weeks before her surgery, Dorland started a private Facebook group, inviting family and friends, and some fellow writers from the Boston writing center that Dorland belonged to. After her surgery, she posted the letter she had written to the final recipient of the surgical chain, whoever that may be:

Personally, my childhood was marked by trauma and abuse; I didn’t have the opportunity to form secure attachments with my family of origin. A positive outcome of my early life is empathy, that it opened a well of possibility between me and strangers. While perhaps many more people would be motivated to donate an organ to a friend or family member in need, to me, the suffering of strangers is just as real. … Throughout my preparation for becoming a donor … I focused a majority of my mental energy on imagining and celebrating you.”

Okay, this is substantially virtue-signaling and self-celebratory, but…okay. There are good reasons to let people know about such an altruistic gesture: it might inspire others to do the same thing. There isn’t anything unethical about letting others know what a great and generous person you are when you really have done something good. Am I more impressed with those who make such contributions and don’t feel the need to broadcast it to others?

Yes.

3. After the surgery, Dorland was struck by the fact that some people she’d invited to join her private Facebook group hadn’t reacted to her posts. One of them was a writer named Sonya Larson, with whom Dorland had become friends years before and had since, unlike Dorland, become a published author of fiction, rising in the field. After email exchanges between the two initiated by Dorland and some typical catching up chatter, Dorland wrote, “I think you’re aware that I donated my kidney this summer. Right?” Larson responded: “Ah, yes — I did see on Facebook that you donated your kidney. What a tremendous thing!”

Kolker writes, “Afterward, Dorland would wonder: If she really thought it was that great, why did she need reminding that it happened?”

Who cares, and so what? This is narcissism on Dorland’s part, and a symptom of advanced social media disease. Nobody has an obligation to respond the way one wants to any news, especially a distant friend.

Continue reading

Saturday Ethics Booster, 8/7/2021: Looking For A Hero…

I hate to inflict that song on you (the singer/composer was the late Jess Cain, once the most popular disc jockey in Boston) but I have limited options. The 2021 Red Sox, who were sailing all season to what looked like a certain play-off slot , are suddenly in freefall,  with the hitters not hitting and the pitchers not pitching. They face a double-header today, and a double loss would be disastrous. After the 1967 Red Sox “Impossible Dream” season, the best summer of my life, when a team of virtual kids won the closest pennant race in baseball history by a single game after finishing in a tie for last place the year before, WHDH, which then carried Boston’s games, put out the cheesy but wonderful commemorative album above, containing clips from broadcasts of the most memorable games and Cain’s song, tied together by Sox play-by-play announcer Ken Coleman reciting one of the worst pieces of doggerel ever heard by human ears. At one point, Ken recounted a desperate point in the team’s underdog quest, and, having set up the rhyme with “zero,’ intoned, “We have to have a hero.” Cue the Yaz song!

I’ve been thinking about the need for a hero, indeed more than one, quite a bit lately, in matters more consequential than the Red Sox season (well, for normal people anyway.) The Sox sure need one today. If he shows up, maybe it will be an omen…

Incidentally, Yaz deserved the song. Modern metrics show that his Triple Crown, Gold Glove, MVP 1967 season was the second best of all time. (Babe Ruth had #1, naturally.) Anyone who followed that 1967 season knew it before the numbers were crunched.

1. More free speech threats in the Biden Era, but Donald Trump was a threat to democracyThe Baltimore Symphony fired Emily Skala, 59, the orchestra’s principal flutist for more than three decades, because she shared social media posts expressing doubt on the efficacy of vaccines and facemasks. Fellow musicians, audience members and donors complained, so it was bye-bye Emily. Skala, no weenie she, will challenge her dismissal, and accuses the orchestra of creating a hostile environment where she was being attacked for expressing unpopular views. I’d say that is likely. Musicians as a group are about as progressive and open to conservative views as college professors.

Skala angered many of her colleagues for sharing posts questioning the results of the 2020 presidential election—Oooh, can’t have that! She was also criticized for saying that black families needed to do more to support their children’s classical music studies. Wow, this woman is a veritable Nazi! Amusingly, the New York Times cites as among the examples of social media “disinformation” that got her fired were “false theories suggesting that the coronavirus was created in a laboratory in North Carolina” and posts “raising concerns about the safety of vaccines.”

That’s funny: it wasn’t too long ago that suggesting that the virus originated in a Wuhan lab was considered disinformation. And didn’t Joe Biden and other prominent Democrats raise “concerns” about any vaccine produced under the Trump Administration?

I’m just spitballing here, but if only we had some heroic organization that defended free speech, regardless of what side of the political spectrum it came from. It could call itself…let’s see…the National Civil Liberty Protection Alliance, or something like that…

2. Believe it or not, this Russian lawsuit isn’t frivolous, just mind-meltingly stupid. Thanks to Curmie for passing along the saga of Ksenia Ovchinnikova, an Orthodox Christian in Omsk, Russia, who is suing McDonald’s on the theory that its ads made burgers seem so yummy and irresistible that they made her break her fast for Lent in 2019 after years of successfully avoiding meat. She wants 1,000 rubles ($14) as damages for “sustained moral damage.”

The reason this isn’t frivolous (at least not in the US) is because a lawsuit clears the bar if it seeks a new interpretation of existing law, no matter how wacky. Of course, a heroic lawyer would tell the woman, no matter what she offered to pay, “You’re out of your mind, and I’d rather eat my foot than disgrace my profession by taking such a ridiculous case. By the way, would you like this  corndog?” Continue reading

Saturday Ethics Warm-Up, 2/8/2020: “Procrastinating To Delay Writing About Another Debate” Edition [CORRECTED]

Good morning.

Way, way too much ethics-related politics this past week. I keep getting complaints about all the political content, and it annoys me too, but I don’t know what kind of alternatives I have. Back in the sane days, the idea of a House Speaker planning on tearing up the official copy of the State of the Union speech would have been the stuff of Saturday Night Live…when SNL would make fun of Democrats, anyway. I’m trying to keep the politics to a minimum. I swear.

1.  The Astros cheating scandal, cont. Would you wonder about this answer? A.J. Hinch, the ex-Houston Astros manager who was fired and suspended by Major League Baseball for allowing an illegal sign-stealing scheme to be used by his players for the entire 2017 World Champion Astros season, finally sat down for an interview.   When he was asked whether Houston players had utilized buzzers in their uniforms to receive signsduring the 2019 season as some have claimed based on inconclusive evidence and rumors, Hinch only would answer, “The Commissioner’s Office did as thorough of an investigation as anyone could imagine was possible.”

Why not “No”? That was what reporters term a “non-denial denial.”

2. If they advised her to run her sick child through the washing machine and he drowned,  would that be their fault too? The death of a four-year-old boy named Najee is being blamed on an anti-vaxx Facebook group.

The boy had been diagnosed with the flu and the doctor had  prescribed Tamiflu. His mother sought advice from the Facebook group “Stop Mandatory Vaccination” on how to treat her son’s’ illness. The members told her to give the boy vitamins, botanicals, zinc, fruits and vegetables, and to skip the medicine.

“Ok perfect I’ll try that,” she responded. Later that night, Najee had a seizure and died. Continue reading

After School Ethics Special, 1/6/2020: Stupidity On Parade

 

“Help?”

A grateful pointer to Althouse for finding this photo, which raises automatic ethics questions. I am viscerally opposed to putting sweater, clothes and costumes on dogs, in part because all of our dogs have hated it, and one, our feisty Jack Russell Dickens, would twist himself like a contortionist to get out of any garb, whereupon he would rip it to shreds. Several of her commenters make a great point, however: it is unethical to force dogs bred for warm and dry climates to live in wet, cold ones. I have dog-lover friends who insist that dogs are humiliated by being dressed up, like Ralphie in his bunny pajamas. That, I think, is a stretch.

1. Don’t blame Disney. Emerson Elementary School in Berkeley, California decided to raise money for the PTA by selling tickets to a screening of  The Lion King. CNN explains,

“One of the dads bought the movie at Best Buy,” PTA president David Rose told CNN. “He owned it. We literally had no idea we were breaking any rules.” While the school doesn’t know how exactly the company discovered the movie was played, Rose said the school’s PTA will “somewhat begrudgingly” cover the cost of the screening. An email sent to the school by Movie Licensing USA informed Emerson faculty that the company had “received an alert” that “The Lion King” was screened during an event on November 15. Movie Licensing USA manages licensing for Disney and other major studios. And since the school does not have a license with the company, it’s been asked to pay $250 for the screening — and $250 per showing of the movie at any future events at the school.”

What? “Somewhat grudgingly”? They had “no idea” charging for tickets to see copyrighted material broke any rules? Those rules are well-displayed on any DVD, and any duty of reasonable intelligence should be able to figure out what’s illegal about doing what they did. There weren’t any lawyers among the organizers and attendees?

In its story about this episode, Boing Boing, an entertaining site with an annoyingly “woke” staff, implies that Disney is being an greedy old meanie, and that the PTA was an innocent victim of another evil corporation.  Wrong, and stupid. If companies don’t protect their copyrights and trademarks, they can lose them. Disney has been overzealous in this area, but not on this occasion.

2. KABOOM! Chris Matthews suggested yesterday that the Democrats should consider nominating Adam Schiff for President. Continue reading

“Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism

And I don’t even like Friday, since small businesses like mine acknowledge no weekends, and ethics never sleeps…

1. Loyalty Ethics. Joe Biden got knocked around in the debate this week for supporting Barack Obama’s policies. Joe remained steadfast, saying, “I was a little surprised at how much incoming there was about Barack, about the President. I’m proud of having served him. I’m proud of the job he did. I don’t think there’s anything he has to apologize for. He changed the dialogue, he changed the whole question, he changed what was going on. And the idea that somehow it’s comparable to what [ President Trump] is doing is absolutely bizarre.”

Obama, however, has been silent. Now talk-show host Jesse Kelly, among others, is questioning Obama’s loyalty, tweeting, “The silence from Barack Obama as his Vice President of eight years gets torn limb from limb on his behalf is fascinating. Not even a polite word of support. Either those two are really on the outs or Obama truly is a political machine with no sense of loyalty.”

Fair? I don’t think so. It is not appropriate for Obama to start playing favorites as this stage pf the nomination process. He may realize that being seen as having to come to Joe rescue might hurt more than help: can Biden stand up for himself, or can’t he? That doesn’t mean that Obama is not a political machine with no sense of loyalty; I suspect that he is, as most of our Presidents have been. I also suspect that Obama thought Biden was a dolt, which, as we know, he is.

2.  NBA sexual exploitation/ virtue-signaling ethics. I don’t know what to make of this story. Maybe you can explain it. The Milwaukee Bucks are eliminating their traditional, all-female T&A sideline “dance team” and replacing them with a gender-inclusive dance team named the 414 Crew. (Wait: my Facebook friends are arguing that an all-female editorial board is still diverse! Why was this necessary?) From the Bucks brass: “We’re kind of constantly looking to evolve and broaden our reach and be as inclusive as we possibly can.” Oh. That’s funny, I assumed that scantily clad women moving provocatively was a crude way to please the NBA’s and NFL ‘s overwhelmingly male market. If teams finally recognize that these acts were demeaning to women, why not just eliminate them? Why does a pro-basketball team need “dancing, tumbling, break-dancing, tricking and other unique talents” on display during the game? Why not magic acts? Fire-eating?  Continue reading

Morning Ethics Warm-Up, 6/19/2018: Double Standards And Greed

Time for a Good Morning song!

1. Life on Facebook. A lawyer friend who should know better posted a comment that began, “You wouldn’t think that posting something like ‘Taking children away from their parents and sticking them in cages is wrong’ would be controversial, but in almost every case where one of my friends has said something like this, at least one of his/her friends feels the need to argue about it…” Later he compared the statement “Taking children away from their parents and sticking them in cages is wrong” to “Torturing kittens is wrong.” I told him that as a lawyer, he should be objecting to and explaining the transparent deceit of “Taking children away from their parents and sticking them in cages is wrong”—a half-truth designed to stifle argument, not attacking those who are correctly pointing out the emotionalism and dishonesty of that tactic.

I should count up the number of lawyers whose comments on Facebook on this issue are pure “Think of the children!” with no substantive legal and policy analysis whatsoever. My friend also made the typical suggestion that only Trump voters—you know: morons—would argue with “Taking children away from their parents and sticking them in cages is wrong” as a fair and conclusive verdict on the current policy.

2. Theranos.  Elizabeth Holmes, founder and CEO of Theranos, as well as Ramesh Balwani, the company’s former president ( and Holme’s love interest, were indicted yesterday on charges of conspiracy and wire fraud. The Theranos debacle is a classic corporate fraud story on par with Enron, if not as wide-reaching.

I missed it. This is embarrassing for an ethics blog, and for someone who thinks he scours various news sources thoroughly enough to catch the major ethics stories. I blame Donald Trump, but I also blame the various news sources in 2015 that chose to report fake news, trivial news, future news and theoretical news rather than give a major corporate scandal the attention it deserved. If I missed the story, and I’m looking for it, what chance do normal people with sensible occupations have?

The civil fraud charges in the case were filed in March by the Securities and Exchange Commission, though the scandal had broken earlier, when the Wall Street Journal published its 2015 exposé.  Holmes and Balwani allegedly raised millions of dollars using false statements about how well the company’s  blood-testing device worked, while using  a contract with the Department of Defense and a partnership between Theranos and the pharmacy chain Walgreens to con pharmacies, doctors and the public. The apparent scam created a Business of Cards that, at its peak, had more than 800 employees and a paper valuation of $9 billion.

There is a book out about the Theranos scandal by the reporter who broke the story… Continue reading

Now THIS Is Incompetence!

oops

Film studio Warner Brothers hired Vobile, a company that tracks down illegally-streamed copyrighted material online and files hundreds of thousands of takedown demands every month, to find which sites were stealing WB’s property and to handle the miscreants.

Vobile, on behalf of its client, asked Google to ban many websites from search results, because they violated copyright laws by containing Warner films and videos. Among the sites targeted:  legitimate movie streaming websites run by Amazon, Sky Cinema, the film database IMDB….and Warner’s own websites.  For example, Google was asked to remove links to the official websites for Warner films like  “Batman: The Dark Knight” and “The Matrix.”

Nice job, Vobile!

Warner Brothers has yet to comment, although I would guess its comment would be along the lines of “#!%@*&!”

This is what comes of letting robots do human jobs, while charging fees as if humans were doing them. To be fair to Vobile, one sure way to stop illicit streaming is to block all streaming, just to be safe.

____________________
Pointer: Fred

 

Unethical Website Of The Month: NBCPolitics.Org

This may be the editor of this web site. The evidence points that way...

This may be the editor of this web site. The evidence points that way…

NBCPolitics.org is a special variety of fake site. Its stories appear to be genuine—but since the site is unethical and a lie, you can’t assume every one is—and it does not appear to be attempting satire or to fool mainstream news sources. To be frank, I don’t know what the hell the site’s operators think they are doing.

Nonetheless, it is a fake site, an unethical one, and especially nasty. It is, to start with, stealing NBC’s logo and name, as well as the new stories it posts, which come from other sources, at least until the site posts its own fake story with the real ones. Don’t put it past them. You cannot trust a fake site.

NBCPolitics.Org is also written by illiterate morons. Here is a description of the site from one of the links:

This is a representing website for nbcnews.com only posting about politics from and outside the United States.All the article are used from big websites based on politics.Source information is included in every post.

Unless NBC has declined even beyond what watching MSNBC would have one believe, this is a smoking gun. So is the “About” page: Continue reading

Comment of the Day: “The Beatles And Plagiarism”

Then there are Golden Rule considerations...

Then there are Golden Rule considerations…

There were many outstanding comments today, but I have a soft spot in my heart for any comment that completes a post that I decided to shorten by raising the issue I omitted for length. Thus johnburger2013 gets another Comment of the Day nod for his musings on the elusive lines between homage, inspirations, quotes and plagiarism in music.

The three examples discussed in my post are not close calls, I’d insist: my friend, actor/lawyer/ classic rock maven David Elias informs me that John Lennon actually confessed that he had plagiarized the Chuck Berry song, and his was the least egregious steal of the three. Other instances, however, are not so clear cut: If he hadn’t sung all of them, a case could be made that every Gary Puckett song was plagiarized from every other one. (The same, in fact, has been said of Chuck Berry.)

In researching the Beatles story, I found an entertaining site called Sounds Just Like which explores johnb’s “line.” Most are a stretch: No, I don’t think John Williams ripped off Darth Vader’s theme from Mary Poppins’ “A Spoonful of Sugar.” But I do know that Arthur Sullivan was imitating Mendelssohn big time in “Iolanthe,” and that recognizable musical quotes are important tools of the trade that should not be strangled by overzealous copyright prosecutions.

Here is johnburger2013’s Comment of the Day on the post, The Beatles And Plagiarism: Continue reading

The Beatles And Plagiarism

Chuck BerryI knew that Brian Wilson had ripped off Chuck Berry’s “Sweet Little Sixteen” to write “Surfin’ USA,” resulting in Berry owning the copyright to the Beach Boys hit. I knew that George Harrison had stolen the Chiffons’ “He’s So Fine” for his first solo hit “My Sweet Lord,” ultimately resulting in Harrison being found guilty of “subconscious plagiarism” (suuuuuure) and paying $1,599,987 of the earnings from “My Sweet Lord” to Bright Tunes, since songwriter Ronnie Mack had died in 1963, shortly after “He’s So Fine” was released. ( George did not cover himself in glory, telling an interviewer, “As far as I’m concerned, the effect the song has had far exceeds any bitching between copyright people and their greed and jealousy.” You stole the song, George.)

I did not know until this morning, when I had a chance to listen closely to Berry’s “You Can’t Catch Me” on my car radio, that The Beatles had plagiarized it for the opening cut on “Abbey Road,” “Come Together (Over Me.)”

First it was the lyrics that got my attention. I heard Chuck sing..

“I was rollin’ slowly ’cause of drizzlin’ showers
Here come a flat-top, he was movin’ up with me..”

Sounds familiar…where have I heard that before? Oh yeah!

“Here come old flattop, he come grooving up slowly…”

Then there was the melody, which was essentially identical, just differently arranged. Compare:

Continue reading