Ethics Quiz: The Macaque’s Selfie

Macaque

The wonderful photo above has gone viral on the web, and is also causing serious debate among intellectual property lawyers. The weird tale is as follows:

Wildlife photographer David Slater was visiting a national park in North Sulawesi to photograph the wildlife. His subject was a group of crested black macaques, and when he left his camera unattended, the primates took advantage of the opportunity. Apparently attracted by the reflection and the noise the camera made when activated (the implications of the macaques doing this because they were interested in photography are too disturbing to contemplate, so I won’t),  one macaque took hundreds of photos of itself. Most were blurry and out of focus, just like the pictures my dad took, but a few were superb selfies that would have Ellen DeGeneres eating her heart out.

Wikimedia took the clear images off of Slater’s website, adding them to its collection of royalty-free graphic, and sending them all over the web as a result.  Slater now demands that the images be taken down or that he be paid for them. While Wikimedia argues that either the monkey owns the copyright for the photos or nobody does, the photographer claims that being the owner of the camera, and the artist who created the circumstances under which the macaque was inspired to release his inner Richard Avedon, he alone is the owner of the photographs.

As you might expect, copyright law is unclear on the issue of lower primate selfies, an art form that was not anticipated as the law evolved. I don’t care about that: today’s Ethics Alarms Ethics Quiz is about fairness:

Should Slater have full ownership of the macaque’s creations?

Continue reading

Ferguson’s “How Dare You Challenge Our Narrative?” Protest

Mike-Brown-Signs

There was another large demonstration in Ferguson last night. This one appears to have been more proportionately and wisely managed by Ferguson police, who still had a bad day that didn’t do much to erase the impression that its leadership is not equipped to deal with the challenges posed by race politics in 21st Century America. The inexplicably delayed information on the circumstances surrounding the shooting death of teenager Michael Brown, including the name of the officer involved (who can now count on receiving death threats and having celebrities try to help vigilantes by tweeting his address), “infuriated”  Brown’s family and the African American community in Ferguson, on the theory that video showing Brown robbing a convenience store and assaulting its owner was an attempt to smear the victim of a racist killing, and to “justify” an execution.

It’s an unethical theory, and the news media and fair observers should reject it. Indeed, they have a duty to reject it.

A young man is dead, and that is a tragedy. Another young man, the one who shot him, is also involved, and his life, while not over, is going to be permanently scarred in the best case scenario. If “justice,” the word that the demonstrators in Ferguson and elsewhere are using as a mantra, is being used to mean what it is supposed to mean (and, it is not), then the young police officer deserves justice too. That means, at very least, waiting until all the facts are known that can be known, and making a dispassionate, objective, non-politically motivated analysis of what occurred, who was at fault, what crimes, if any, were committed, and how to prevent such incidents in the future.

Is that too much to ask? To insist upon?

So it seems. Continue reading

Shock: CREW Finally Comes Clean… It Wasn’t So Non-Partisan After All!

Yes, David Brock really does wear his hair like that, and yes, I admit being biased against anyone who does.

Yes, David Brock really does wear his hair like that, and yes, I admit to being biased against anyone who does.

There is a real need for a fair, non-partisan, non-ideological ethics watchdog organization in Washington, D.C. Unfortunately, what we are stuck with is the Center For Responsibility and Ethics in Washington, headed by Melanie Sloan, and it is none of these things. The only clue on the group’s website, however, is the fact that Republicans are somehow found to be engaging in unethical conduct at a rate of about three times that of Democrats, and the Democrats CREW does criticize are so blatantly unethical that an old, blind and deaf watch dog would be disgusted by the stench. The mainstream news media, and which on the whole is about as unbiased as CREW is, still cites the Center as a “non partisan” source, all the better to attack Republicans with a semblance, though a deceptive one, of objectivity. CREW has operated, and quite dishonestly, as a nonprofit registered under a section of the Tax Code — 501(c)3, which prohibited partisan activity.

To be clear: CREW has done some excellent work flagging unethical conduct by Republicans officials. It is the lying about being objective that makes it an unethical organization. I wrote about CREW’s facade here, and here, and also noted when it briefly dropped is pose when Sloan briefly joined that famously objective operative and lobbyist Lanny Davis’s firm—this is the same Lanny Davis who became a familiar fixture on TV spinning his friend and client Bill Clinton’s conduct during the Monica scandal—shortly after CREW blatantly pushed the interests of Davis’s clients on its website.

Continue reading

Undermining Addiction Treatment For A Petty News Story: The Ethics Bankruptcy Of CBS and Dean Kendrick

"Here you go, Dean. Now: what did Robin Williams share at your AA meeting?"

“Here you go, Dean. Now: what did Robin Williams share at your AA meeting?”

 Alcoholism is a national scourge that destroys lives, families and businesses, and  often kills both sufferers and those they interact with. It it is incurable. One of the few effective methods of keeping alcoholism under control is the Twelve Step program developed by Bill Wilson in the 1930s, and taught by the organization he founded, Alcoholics Anonymous. Millions of Americans attend AA meetings every day, including many who are very close to me.

Dean Kendrick works for CBS affiliate KPIX-5 in San Francisco, and he’s apparently an Alcoholic Anonymous member. This means that 1) we shouldn’t know he’s a member, and 2) especially that he shouldn’t be revealing, especially on television, that anybody else is a member, and 3) he absolutely should not be revealing what someone said or how they acted at a meeting he attended, and 4) this even applies to Robin Williams, dead celebrity that he is. Continue reading

Comment of the Day: “Why Fox News’ Robin Williams Gaffe Matters”

Chris Marchener had several excellent posts today, but I am re-posting this one as the Comment of the Day for several reasons. It was in response to another commenter’s opinion that Fox News anchor Shepard Smith was not inaccurate to call Robin Williams a coward for succumbing to his suicidal urges. To the contrary, Smith was wrong, and his statement was cruel and irresponsible. Suicide arising out of mental illness runs—indeed, gallops—in my family: a great-uncle and three cousins killed themselves, and I knew the cousins and their battles with mental illness well. Sadly, much of the public is unschooled in what mental illness does and how and why it so often leads to suicide. Chris’s explanation of why Smith was exposing his ignorance may help enlighten some of the many who need enlightening. Here is his Comment of the Day on the post, “Why Fox News’ Robin Williams Gaffe Matters.”

It is quite easy to play armchair quarterback when you are not cursed with an affliction that renders you powerless to find comfort. You said “It’s borne of being unwilling to face the hard truths, make the hard changes, take the big risks needed to alter one’s own circumstances.” That perspective is fine when you are talking about behavioral sociopathy but when the chemistry in the brain is altered the individual has very little or any control over the outcome. I’ll bet that Robin Williams did more to face his demons than most anyone else would who do not also suffer from a chemical disorder of the brain. Unless you have some personal insight into his medical history a blanket claim of being a coward is unjust.

At this time, there is no prosthesis for remedying the destructive processes of mental illness other than using drugs to alter the brain chemistry. Unlike a prosthetic limb there is no guarantee that the medication will work as desired. Furthermore, as my wife and I have found out the hard way, long term use of anti-seizure and anti-depressives can have a high rate of mortality from the medications themselves.

Calling someone a coward after the fact is not merely unnecessary and hurtful it turns some people away from acknowledging the need for help. All reports show that he did seek help and did his best to confront his problems head on. Despite that he succumbed.

Ethics Dunce: Chris Blasko (Whoever He Is)

Chris's photo goes in the lower right...

Chris’s photo goes in the lower right…

A Chris Blasko proudly posts the following on Google Plus:

Today is a good day. I just had a call from a telemarketer. Did I yell and scream at them, you ask? Certainly not. Like a good IT administrator I put my skills to use for their benefit. Here’s how the conversation went:

Computer: “Press 9 to not be contacted in the future. Press 4 to speak to someone about your mortgage issues”
<presses 4>
TM: “Hello, are you having problems paying your mortgage?”
Me: “Hi, this is the IT department. We intercepted your call as we detected a problem with you phone and need to fix it.”
TM: “Oh… ok, well what do we need to do?”
Me: “We’re going to need to fix the settings by pressing 4-6-8 and * at the same time”
TM: “Ok, nothing happened.”
<alright, so he’s not using a Polycom>
Me: “Are you using the new Polycom phones that we deployed?”
TM: “No, it’s a Yealink”
Me: “Ok, I see. You haven’t had the new Polycom phone deployed to your desk yet. Let me check our technical documentations for the Yealink.”
<did a quick Google search, “yealink phone factory reset”>
Me: “Alright, do you see an “OK” button on your phone?”
TM: “Yes I do”
Me: “Alright, you’re going to press and hold that button for 10 seconds.”
TM: “OK, pressing it now”
Me: “Perfect, let me know if you get a password request”
TM: “OK, nothing has popped up ye-
<click>

That’s right. I made a telemarketer unwittingly factory reset his phone which means he will be unable to make anymore calls until someone is able to reconfigure his phone and that will take at least an hour or longer if they can’t do it right away!

I’m sure all of Chris’s fans think this is just the coolest thing in the world, but it’s really not. It’s just gratuitously mean. His victim’s employer is actually pretty ethical, since Chris could have pushed 9 to end the call and not be bothered in the future. Instead, he decided to make life miserable for some poor minimum wage earner in one of the most boring jobs on earth, who is probably trying to eke out a living and support his family during tough economic times. Continue reading

President Obama and the Peace Prize

obama hope

I am going to be driving most of the day, and I wanted to have something worth reading (assuming anything here is worth reading, about which reasonable minds disagree) for you while I am prevented by life’s adventures from posting new commentary. I thought it might be instructive to re-post this, which was published at a time that few knew of Ethics Alarms’ existence. In light of all that has happened since, all we have learned, and all that I have written about the leadership of President Obama, it provides useful, and perhaps wistful perspective. I re-read it just now, wondering if I would write the same today, even knowing what I know now.

And I would.

Jack Marshall's avatarEthics Alarms

There are several ethical issues raised by the stunning announcement that President Barack Obama had won the Nobel Peace Prize. More, perhaps, were raised by the reactions to it.

Imagine, if you will, that you are a cast member in a Hollywood movie of dubious quality. Personally, you think the director is in over his head and that the movie is an empty, pompous failure. To your amazement, however, critics like the film. It is a surprise winner at an international film festival, and the director wins the “Master Film-maker” prize. Are you outraged, or pleasantly surprised? Do you congratulate the director for the honor, or do you tell him he is an undeserving fraud? Do you feel pride for your own connection to the award—you were in the cast, after all—or do you feel resentment? I would think the answers to all these questions are obvious. The civil, fair…

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Phtography Ethics, Parenting Ethics, Face-stomping Ethics

no photographs

Item:

“A 32-year-old city resident was arrested for allegedly stomping on the face of a college student who was taking pictures at a Liberty Heights park on Tuesday afternoon. Victoria M. Torres, of 211 William St., was taken into custody for assaulting a 22-year-old student who was taking snapshots for a “photography class project” near the water park in Van Horn Park, Springfield police spokesman Sgt. John Delaney said.”

The student was taking photos of Torres’s young daughter, among other subjects.

More…

“Torres approached the photographer and “demanded in a threatening manner” that she delete any pictures containing images of her children, according to Delaney. The student, who wasn’t publicly identified by police, tried to avoid a confrontation and started to leave the park.”As she was walking out, the outraged female came over and punched her twice in the face, grabbed her by the hair and pulled her to the ground,” Delaney said. Torres then “kicked the victim and stomped her face” after the photographer had fallen to the ground, Delaney said.Torres also tried to take the woman’s camera and equipment, valued at about $4,000. Torres grabbed hold of the camera strap in effort to pull the camera from the student’s neck, Delaney said.”

Let’s stipulate that stomping on the student’s face…indeed, stomping on faces generally, is per se unethical. Now that this is settled, did the t mother have a legitimate objection? Was the student behaving ethically?

Yes, and no. Continue reading

Woody Allen, James Shigata, And Diversity Casting Ethics

You have no idea who this is, do you? Well, it shouldn't have turned out  that way...

You have no idea who this is, do you? Well, it shouldn’t have turned out that way…

I’m sure you heard about James Garner’s recent death, but were you aware of James Shigata’s passing? Shigata, who died July 28 at the age of 85, was a contemporary of Garner’s, a superb actor, and like Garner, a leading man with leading man looks. James Shigata, however, was of Asian descent, though American through and through, and never escaped the perceived limitations of the shape of his eyes. Though he had a starring role in the hit film adaption of  the Rodgers and Hammerstein musical “Flower Drum Song” and routinely received critical acclaim for all of his film work, but though he got roles on television through the ’80s, he never was able to break through the typecasting straightjacket that deemed him only suitable for “Asian” roles. If you remember him as all, it is probably as the brave Japanese executive shot by Allan Rickman in “Die Hard.”

I thought about Shigata when I read a piece in Salon, noting that director Woody Allen didn’t cast African-Americans in his movies, and that his explanation why didn’t justify the neglect. Prachi Gupta writes, Continue reading

Ethics Dunce: Mary’s Gourmet Diner in Winston-Salem, N.C.

Welcome to Mary's! Some are more welcome than others...

Welcome to Mary’s! Some are more welcome than others…

I wish this were a joke, (thinking back on the previous post) but apparently it’s not.

The diner gives a 15% discount to customers who appear to say grace before eating. Yes, it’s a public prayer discount. Mary’s  has been doing this for years, a co-owner confirmed to NPR. Finally someone posted a receipt with the line item for “15% Praying in Public ($6.07)” to Facebook.

I detest this kind of thing, and so should you, because it is ethically indefensible and un-American to the core. The policy, whether it is well-publicized or quietly implemented as this one was, exacerbates societal divisions and embraces bias and prejudice. There may be a legal difference between this and charging a premium (that is, a penalty) to those who have Obama stickers on their cars or who are wearing T-shirts with the logo of the local team’s nemesis, but ethically it is all the same: splitting the world into them and us, good guys and bad guys, the virtuous and the reviled. All of “Mary’s” customers are human beings, and that is the only thing that should matter in the United States of America.

Now that this offensive policy has been outed, the question is this: Is it unethical for a non-believer to pretend to pray in order to get the diner’s unethical discount for the godly? Of course it is.

It’s also unethical to patronize a restaurant that discriminates against its own patrons.

___________________________

Facts: NPR