greed

Facebook’s Promote Policy: Annoying And Perhaps Stupid, But Unethical?

/ Jack Marshall / 19 Comments

Zuck34_fbblue2

I have been wading through the many online complaints about Facebook’s  aggressive policy, begun in earnest back in 2012, of reducing the number of “friends” a Facebook user’s posts reach (by about 85%) and then charging the Facebook user a fee to reach more of them. Frankly, as a less-than-intense Facebook user who necessarily spends most of his web-content time running a blog, I didn’t even pay attention to the “promote” button, and wasn’t even aware of the change. The Facebook revenue-generating move is described here and here, but what happened is pretty simple  and easy to understand. Having sucked a lot of people, groups and businesses into using their free service to reach family, friends, like-minded souls and potential customers, Facebook then changed the rules and is now charging for them to get the same reach that was free for quite a while. Is this unethical?

Some, indeed many, think so. Here is the New York Observor:

“This is a clear conflict of interest. The worse the platform performs, the more advertisers need to use Sponsored Stories. In a way, it means that Facebook is broken, on purpose, in order to extract more money from users. In the case of Sponsored Stories, it has meant raking in nearly $1M a day.”

This is Dangerous Minds, in a widely circulated attack on Facebook called “I want my friends back”:

“It’s perhaps the most understated stick-up line in history, worthy of a James Bond villain calmly demanding that a $365 million dollar ransom gets collected from all the Mom & Pop businesses who use Facebook. How many focus groups do you reckon it took until Facebook’s highly paid marketing and PR consultants finally arrived at such an innocuous phrase for describing information superhighway robbery?”

Robbery? Conflict of interest? A hold-up? Bait and switch? This is the kind of tantrum that shows how easy it is for unscrupulous politicians to use the profit motive, free enterprise and capitalism as cheap scapegoats for every problem under the sun, all the better to build support for a massive, all-powerful government that will make everything right, and ensure that we all have lollipops and rainbows regardless of talent, effort, hard work or the cruel turns of fate.* Facebook created this service millions use for free—how dare the bastards try to make money out of their ingenuity and enterprise? Don’t we all, in a real sense, own Facebook? Shouldn’t we? Continue reading →

The Unforgivable Conflict of Interest: Sports Agents, Robbing Their Ignorant Clients

/ Jack Marshall / 13 Comments
The ethical course is to choose.

The ethical course is to choose.

Sports agents are rich, powerful, and ethically handicapped by inherent conflicts of interest. The first two qualities so far have insulated them from dealing fairly and openly with the second. This is wrong, and has got to stop. For it to stop, it would help if the players, their unions, the sports leagues and the sports media didn’t either intentionally pretend not to see the obvious, or weren’t too biased and ignorant to realize what’s going on.

Four years ago, I wrote about this problem in a long piece for Hardball Times, a baseball wonk blog of consistent high quality.  The specific agent I was writing about was Scott Boras, the king of baseball player agents, but the egregious conflict I flagged isn’t confined to that professional sport; it’s present in all of them. In the article, I argued that Boras, a lawyer, is engaged in the practice of law when serving as an agent and was therefore violating the legal ethics rules, which prohibits having clients whose interests are directly adverse to each other, specifically in the so-called “Zero-Sum Conflict” situation.

A lawyer can’t assist two clients bidding for the same contract, because the better job he does for one, the worse his other client fares. A lawyer can’t sue a defendant for every penny that defendant has on behalf of one client when he or she has another client or two that have grievances against that same defendant—if the lawyer is successful with the first client, he’s just ruined his other clients’ chances of recovery. There is some controversy over whether the legal ethics rules automatically apply to a lawyer-agent like Boras, but never mind—whether he is subject to the legal ethics rules or not when serving as an agent, the conflict of interest he is blithely ignoring still applies, still harms his clients, still puts money in his pockets, and still should not be permitted. Continue reading →

The Alex Rodriguez Suspension, Barry Bonds, And The Slippery Slope

/ Jack Marshall / 11 Comments

New York Yankees' Alex Rodriguez stretches before American League baseball game at Fenway Park in Boston

In a decision that further defines major league baseball’s cultural standards regarding performance enhancing drugs and the players who use them, New York Yankee Alex Rodriguez was suspended for the entire 2014 season and post-season by an arbitrator yesterday. Rodriguez, a long-time superstar who was once considered a lock to break baseball’s career home run record, and who is the highest paid player in the game, was suspended for illicit drug use without testing positive under the game’s union-negotiated testing system. He was, instead, suspended for a violation of the player’s Basic Agreement under baseball management’s right to police the game and do what is in its best interests.

The evidence that Rodriguez was a flagrant and long-time steroid abuser came from documents obtained from Biogenesis, a lab that developed drugs for athletes and others, as well as convincing testimony. Rodriguez had challenged the suspension in a grievance procedure after MLB handed down a 211 game suspension during the 2013 season. The arbitrator’s ruling, which is confidential, apparently concluded that the player not only cheated, but obstructed efforts to enforce baseball’s intensified anti-drug measures in the wake of the wide-spread use of PEDs in the 90’s and thereafter.

As expected, the result produced the usual complaints and rationalizations from the disturbingly large contingent of baseball fans and writers who remain obdurate regarding the offensiveness of steroid cheating, claiming that it was “a part of the game,” that the objections to it are inconsistent, and that baseball’s vilification of users is hypocritical. They had been practicing these and related arguments for months as they waited for the baseball Hall of Fame voting results announced last week, in which about 65% of the voters showed that they regarded steroid use as a disqualification for the honor, even when a player-user had excelled on the field. Rodriquez’s defeat deeply undermines the cause of the steroid defenders, and the likelihood that their argument will ever prevail. Continue reading →

Ethics Quote Of The Month: Tom Crist, Canadian Lottery Winner

/ Jack Marshall / 58 Comments

“I just retired at the end of September so I was fortunate enough in my career to set myself up and my kids anyway, and there was no doubt in my mind where that money was going to go, it was going to go to charity.”

—Tom Crist, of Calgary, Canada, announcing that he was giving the 40 million dollars  he won in Canada’s Lotto Max jackpot on May 3 to support cancer research.

Tom Crist, who understands what "enough" is.

Tom Crist, who understands what “enough” is.

Just in time for Christmas comes the aptly- named anti-Scrooge named Tom Crist. Christ retired as president and chief executive of the electronics company EECOL in September, and has said that he had done well enough in his career that he did not need the money.

He did not need the money. How often does anyone in this country say that, feel that, or think that? In a nation that is founded on the principles of liberty and self-determination, the freedom to make as much money as we can also imparts the freedom to say, “Ok, that’s it: enough.” Yet we do not.

Why?

Continue reading →

Ethics Dunce: Federal Judge Liam O’Grady

/ Jack Marshall / 9 Comments
"I swear judge, I have no idea who that guy next to me is."

“I swear judge, I have no idea who that guy next to me is.”

When civil rights advocates point to the disparity of sentencing for non-violent African-American drug offenders and white, shameless, greedy crooks like Kathleen McGrade and her husband, Brian Collinsworth, my best course is to feign a seizure or something. I have no good explanation for them, except that judges like federal judge Liam O’Grady are a large part of the problem.

McGrade was a management analyst for the State Department who used her position and influence to fraudulently direct $53,000,000 in 43 government contacts for construction projects and security work at U.S. sites overseas to the Sterling Royale Group, whose Vice President and CEO were Collinsworth and her daughter Jennifer Herring. She did this by hiding her relationship to the company and its officers. The taxpayer-funded family bounty, meanwhile, allowed McGrade to buy a $73,000 Lexus, a half-million-dollar yacht and nearly $223,000 in jewelry. Continue reading →

“Would You Rather”: An Ethics-Horror-Health Care-Dinner Party In Hell Movie You May Have Missed

/ Jack Marshall / 7 Comments

“Would You Rather” is an odd 2012 film that sets up a film-long set of unlikely ethical dilemmas for its characters to solve. Desperate to save her dying brother with expensive medical treatment she can’t afford, the heroine (played by Brittany Snow) finds herself at a dinner party with seven other desperate strangers, hosted by a wacko family of millionaires who will help one of them after the others have been “eliminated” during the course of the evening. As what is described as a game progresses, each contestant is put through escalating rounds of risk, pain and torture in which they must make various Sophie’s Choices, such as…

  • Would you rather administer a painful shock to yourself with high-voltage electricity, or the person next to you? What if that person has been weakened by a previous shock? What if she is in a wheelchair?

Heeeeeeeeeere’s JOHNNY’S BETRAYAL!!!!

/ Jack Marshall / 22 Comments

henry_bushkin_johnny_carson

Lawyers are forbidden by the ethics rules of their profession in every state from divulging the secrets of their clients, their former clients, or even their dead former clients, except in the rare circumstances when doing so will save a life or prevent a crime, and often not even then. Client confidences include all information a lawyer learns about a client in the course of the representation whether or not it is germane to the representation or not, if the client would be embarrassed by the information or would want it to remain secret.

The duty to maintain client confidences goes to the core of the professional relationship between citizens and their lawyers, and any attorney who breaches it not only harms his or her client but undermines trust in the entire profession as well. So sacrosanct is the duty that a Massachusetts court agreed with the Fall River law firm that represented Lizzy Borden in her famous murder trial, when Lizzy’s heirs tried to force it to reveal whether she did, in fact, “give her mother forty whacks” (and her father forty-one) with an ax, that it could not reveal Borden’s secrets even in the interests of history.  The firm, said the court, was quite correct: Miss Borden hired it based on its lawyers’ assurances that her secrets were safe with the firm forever, and to allow otherwise now, even a century after the crime, would betray her trust and undermine the profession’s integrity. The Massachusetts Bar agrees.

So how can it be that Henry Bushkin, for decades the late Johnny Carson’s personal lawyer and thus charged with keeping the secrets of the famously reticent comic’s personal life, is now publishing a tell-all book filled with juicy stories about his conveniently dead client? Continue reading →

The Ethics Of Demanding Charity

/ Jack Marshall / 50 Comments
Joanna Leigh

Joanna Leigh

I can not imagine much more heartbreaking plights than that of Boston Marathon bombing victim Joanna Leigh.

By April 14, 2013, Leigh, 39, had a newly minted doctorate in international development, and a promising career as a consultant. On April 15, she was at the finish line of the marathon, waiting for a friend to cross it, when the second of two bombs exploded ten feet from her. She was shielded from the deadly flying metal by other spectators, but still knocked unconscious. When she awoke, there was chaos around her, people screaming, maimed, covered with blood. She helped some injured find help, and then, dazed, walked home. For various reasons, she did not get herself checked out at a hospital until more than a week had passed.

Gradually, however, the symptoms of her injuries began appearing. Soon, it became obvious that the closed head injuries she suffered in the explosion have caused devastating long-term damage to her brain, and it is doubtful that her life will ever be normal again. Today, she says, she has to sleep most of the day. She cannot work or drive, and is easily disoriented, even getting lost on her own block. She has blurred vision, her hearing is impaired and she cannot avoid the constant ringing in her ears. Concentration has become difficult, and the simplest everyday tasks are overwhelming.   Continue reading →

Celebrity Values: The Good, The Bad And The Ugly

/ Jack Marshall / 10 Comments

Sprouse-West-Cano

Celebrities have the opportunity to use their disproportionate and sometimes unexplainable fame to pass along good values, priorities and ethical habits to those who admire and follow them. The problem is that the U.S. culture’s current values are in a muddled state, with virtues sometimes being treated as embarrassments, and the enthusiastic embrace of non-ethical goals that once were regarded as the seven deadly sins are now often looked upon as the norm, and even appropriate. Here are some recent events in the strange world of celebrity values:

The Good: This headline on numerous web sources piqued my interest: “Dylan Sprouse Defends Restaurant Host Job.” Dylan Sprouse is a former Disney child star, a long time lead, with his brother, on the long-running “The Suite Life of Zach & Cody,” one of those loud, hyper-frenetic tween comedies that Disney and Nickelodeon acquire from some production company in Hell. Dylan was seen working in a restaurant, and this immediately spawned multiple rumors that he was broke, had blown through his millions, and was, in brief, a pathetic loser….because he has the same kind of job most American twenty-somethings fresh out of college would be thrilled to have.

Thus Dylan, who along with his brother decided to get out of the child star rat-race that has recently put Lindsay Lohan in rehab, Amanda Bynes in a mental health treatment facility and Miley Cyrus naked on a wrecking ball, and start a more conventional life with a college education (at NYU). Sprouse decided to address the weird criticism being sent his way on social media and in the gossip blogs by writing, Continue reading →

A Labor Day Message For Fox: Fire Tucker Carlson

/ Jack Marshall / 32 Comments

tuckered out

“Fox and Friends” represents the professional nadir of the Fox News broadcasting day, which is a little like being the worst Italian restaurant in Kuala Lampur. Nonetheless, even that misbegotten mutation of The Today Show should maintain some minimum standards, meaning that there needs to be some unprofessional conduct up with which it will not put—like, say, a host falling asleep on the air.

Yes, that’s what conservative, forever young, over-committed and sleep-deprived Tucker Carlson did on Saturday, and if Fox News wants to send the message that it actually believes in those bedrock conservative principles it blathers on about, like the work ethic, responsibility and respect, it needs to fire him, no excuses accepted. He should have been fired already. Continue reading →