James Cameron, whose ground-breaking film “Avatar” will soon be the top-grossing movie of all time, is currently being bashed in some of the more obscure corners of the blogosphere for plagiarism. This time the criticism is not based on his blatant borrowing from Russian science fiction, but for his lifting of ideas from an American master of the genre, Poul Anderson. Anderson wrote a novella in 1957 entitled “Call Me Joe” that chronicled the adventures of a paraplegic who becomes telepathically merged with a manufactured alien life form created to explore a planet. He is exhilarated by the sensations and power of his artificially-created body, and eventually is seduced into abandoning his humanity completely to become a significant figure in the development of a new civilization. Along the way, he battles vicious alien creatures. Sound familiar? Yes, these are major components of “Avatar” as well. Continue reading
ethics
Agent Scott Boras’s Conflicts Surface Again
Last year, almost to the day, I posted an article on “The Hardball Times” site arguing that baseball super-agent Scott Boras, an attorney, frequently has client conflicts of interest that violate the American Bar Association’s Model Rules of Professional Conduct. You can read it here. Now the issue has surfaced again, in relation to the problems Boras has had finding a satisfactory contract for Johnny Damon, a left-fielder, while he also represents other left-fielders competing with Damon for the same job.
I believe he has serious conflicts of interest as both an agent and as a lawyer. The two articles lay it all out; maybe my small cry in the wilderness is beginning to have some effect.
Stay tuned.
Ethics and Valleywag’s Apple Tablet Scavenger Hunt
Today is the day Apple will unveil its long-awaited tablet device, destined to be the most culture-altering advancement since, well, the Segway or something. Apple’s excited about it, anyway, and as is usual for that company, it has fiercely guarded against premature leaks regarding its newest innovation. In the process, it threatened to sue the proudly sleazy website “Gawker,” which had one of its misbegotten offspring, the Silicon Valley gossip site “Valleywag,” announce the “Apple Tablet Scavenger Hunt,” which dangled cash prizes for anyone who would uncover and leak tablet information to the website before January 27. Saying said it had “had enough of trying to follow all the speculation,” Valleywag published a bounty list describing what it would pay for and how much, ranging from $10,000 for photos to $100,000 for anyone who could put the tablet in its editors hands.
Apple’s lawyers responded with a cease and desist letter, saying that the scavenger hunt scheme violated trade-secret law and induced others to breach their confidentiality agreements with the company. Naturally, Gawker cried “First Amendment!”
It appears that the lawsuit won’t go forward, since the tablet announcement date is here; a pity, because a lawsuit couldn’t happen to a more deserving operation, and because a court decision would have clarified an interesting issue. We all know the media happily acts as information-launderers, accepting documents and secrets from lawyers, government officials and corporate whistleblowers who could be fired, disciplined, sued or prosecuted for leaking them, and publishing the illicitly acquired information with self-righteous pride, not to mention confidence, since the Constitution says the press can print anything. The issue is this: if the media can publish such leaks, can it also induce them directly with cash? Continue reading
Solving the Spouse Conflict Problem
When spouses are professionals whose jobs intersect, they will usually maintain that they never “talk shop” at home, and that for all intents and purposes, they are two unrelated workers, ships passing in the night. Nobody believes them, and nobody should. Continue reading
Our Culture’s Teen Pregnancy Ethical Conflict
Unwed teenage pregnancies are on the rise again. There are many reasons, but one of them has to be this: it is hard to discourage self-destructive and societally damaging conduct while the culture celebrates it. Continue reading
Ethics Dunce: Trijicon Inc
Once again, being an Ethics Dunce and being a regular, garden variety dunce goes hand in hand.
Last week it was reported that Trijicon Inc of Wixom, Michigan, the company that makes the scopes on rifles used by U.S. troops in Afghanistan and Iraq, has been engraving them with a Biblical reference. The reference is 2COR4:6, short for 2 Corinthians 4:6, which reads: “For God, who commanded the light to shine out of darkness, hath shined in our hearts, to give the light of the knowledge of the glory of God in the face of Jesus Christ.”
Terrific idea, guys. As Americans fight conflicts in the Middle East while maintaining to the Muslim world that we are in not engaging in a war against Islam, you send our soldiers into battle with Christian quotations on their weapons. Continue reading
When the Police Lie to Convict the Guilty
Gene Weingarten, the Washington Post columnist, wrote about his recent experience as a juror. It was a trial of a man accused of selling $10 of heroin to an undercover officer. Weingarten professed to be annoyed that such a small amount would justify an arrest and trial; he’s just wrong about that. Dealing a dangerous prohibited drug is still dealing, no matter what the amount. I know this is the kind of case that gets the legalize-drugs-so-we don’t-put-so-many-people-in-jail crowd all self-righteous, but “a smidgen of heroin dealing” still supports a destructive social problem, and law abiding citizens don’t deal even a little smack.
That’s not really the issue here, however.
Weingarten was convinced that the defendant was guilty beyond a reasonable doubt. He was also convinced that the police were lying. Continue reading
Jean Simmons and Sexual Harassment
Jean Simmons has died at the age of 80. She was a marvelous actress, one who began as a child star and had major roles in three classic films before she turned 20. Today we remember her primarily as the beautiful slave who bore the son of Spartacus in Stanley Kubrick’s sword and sandal blockbuster, and perhaps as playing herself as the movie star who sends Felix Unger gaga in a memorable episode of “The Odd Couple.” We do not remember much more; her career never reached the heights predicted for it, primarily because she fell victim to sexual harassment by a powerful, unscrupulous man. Continue reading
“The Ethicist” Strikes Out Again
I’ll make a deal with Randy Cohen,”The Ethicist” of The New York Times Magazine: I’ll stop criticizing his column when he stops justifying dishonesty. Lately, Cohen has not only been advising his correspondents to avoid telling the truth but headlining the questions where he does so.
Lie proud, Randy!
This week’s endorsement of forked tongues surrounded the sensitive issue of designating a guardian for one’s child. Parents had asked their good friends, another married couple, if they would agree to care for their daughter in the event that the parents perished while she was a child. After the couple enthusiastically agreed, the parents learned that their friends were not sufficiently responsible with their finances, and liked to “live large.” They no longer trust the couple with their daughter’s welfare, and want to re-assign the responsibility of being emergency guardians to relatives. This will require the parents to change their wills.
Their question to “The Ethicist”: Do they have to tell their friends? Continue reading
Believe it Or Not: An Unethical Sorority Dress Code
Abuse of power comes in all shapes and sizes. Witness the sorority Pi Phi, which apparently is hell-bent on proving that “Mean Girls” was a documentary. The fashion website “Fashionista” got its cyber hands on the sorority’s dress code, which makes West Point look lenient.
Here are some examples from the six page manifesto, the invention of Pi Phi’s rush chair: Continue reading