“Free software” is software that respects the users’ freedoms by granting them access to the source code, and allowing them to modify and redistribute the software at will. Richard Stallman, founder of the Free software movement, has argued that creating and distributing non-Free software is always a moral injustice. In this essay, I try to identify the ethical foundations of Stallmanism. I identify three major trends in Stallman’s thinking—libertarian, utilitarian, and communitarian—and I argue that none (...) is sufficient to justify the radical claim that distributing non-Free software is always wrong. I recommend thinking of Stallmanism as an attempt to optimize the satisfaction of a number of core values, including freedom, cooperation, and happiness, and I stress the importance of connecting the Free software movement to other political struggles against oppression. (shrink)

This article begins by explaining the concepts of proprietary and open source software technology, which are now competing in the marketplace. A review of recent individual and cooperative technology development and public policy advocacy efforts, by both proponents of open source software and advocates of proprietary software, subsequently follows, with supporting positions articulated. This is followed by an analysis of the results of a recent draft of a Center for Strategic & International Studies global study (...) of government initiatives to incorporate open source software as an option in their institutional operations. The article concludes with analysis and recommendations on public policies for appropriate software technology assessment policy. For governments, the encouragement of neutral standards (i.e., not favoring one software business model), open competition for research funding of software development, and nondiscrimination in computer software procurement policies will result in the most effective and efficient procurement decisions. (shrink)

Researchers in virtually every discipline rely on sophisticated proprietary software for their work. However, some researchers are unable to afford the licenses and instead procure the software illegally. We discuss the prohibition of software piracy by intellectual property laws, and argue that the moral basis for the copyright law offers the possibility of cases where software piracy may be morally justified. The ethics codes that scientific institutions abide by are informed by a rule-consequentialist logic: by (...) preserving personal rights to authored works, people able to do so will be incentivized to create. By showing that the law has this rule-consequentialist grounding, we suggest that scientists who blindly adopt their institutional ethics codes will commit themselves to accepting that software piracy could be morally justified, in some cases. We hope that this conclusion will spark debate over important tensions between ethics codes, copyright law, and the underlying moral basis for these regulations. We conclude by offering practical solutions for researchers. (shrink)

The digital world provides various ethical frames for individuals to become ethical subjects. In this paper I examine – in a Foucauldian and Luhmannian way – the differences between three systems of communication: the proprietary, the open/free and the cracker system. It is argued that all three systems provide a different set of ethical codes which one can be subjected to. The language of each system is restricted and they cannot understand each other, they merely consider each other as (...) the environment. The systems generate a diversity of ethical codes as they give different shapes to digital objects. To proprietary software companies digital objects are an instrument of financial profit. The free software/open source movement emphasises transparency; the end user must be able to view and alter the source code. The cracker scene sees digital objects in a different way. For this particular system, only copy-protected digital objects are appealing. Copy protection binds its target to the world of matter. Breaking the protection is the ultimate challenge and a way to gain honour and status inside the cracker scene. A copy-protected digital object is simultaneously an utmost example of the hidden source code (the open/free system), a perfect artefact that can be owned and sold (the proprietary system) and a challenge to be cracked (the cracker system). (shrink)

We demonstrate that different categories of software raise different ethical concerns with respect to whether software ought to be Free Software or Proprietary Software. We outline the ethical tension between Free Software and Proprietary Software that stems from the two kinds of licenses. For some categories of software we develop support for normative statements regarding the software development landscape. We claim that as society's use of software changes, the ethical (...) analysis for that category of software must necessarily be repeated. Finally, we make a utilitarian argument that the software development environment should encourage both Free Software and Proprietary Software to flourish. (shrink)

Software is much more than sequences of instructions for a computing machine: it can be an enabler (or disabler) of political imperatives and policies. Hence, it is subject to the same assessment in a normative dimension as other political and social phenomena. The core distinction between free software and its proprietary counterpart is that free software makes available to its user the knowledge and innovation contributed by the creator(s) of the software, in the form of (...) the created source code. From an ethical perspective, one of the most pressing questions raised by this form of collaboration is the question of the rights, and the restrictions on them, that are passed on to users and collaborators by the creators of programs. That is, what freedoms do software users deserve, and how can they best be protected? In this study we analyze free software licensing schemes in order to determine which most effectively protects such freedoms. We conclude that so-called copyleft licensing schemes are the morally superior alternative. (shrink)

Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and (...) duties that is inspired by the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)

The debate about the impact of information and communication technology has tended to focus on either its economic or its political aspects. The growing centrality of this technology to life in the 21st century, however, raises important questions about social ownership and control that necessitate a broader and more holistic analysis. Central to this issue is the growing challenge posed by open-source software to the proprietary business model that has hitherto dominated the market. The author examines how these (...) developments are being mediated in Britain through the intersection of government policy, private interests, and the institutional configuration of the state. (shrink)

According to its supporters open source software is more secure and reliable than proprietary code, and even tends to foster more innovation. Its technical superiority can be linked to the ongoing peer review process which typifies the open source model. In addition, programs such as Linux offer a potential challenge to the hegemony of Microsoft. Open source holds out the possibility of restraining platform leaders such as Microsoft from acting opportunistically. Some even argue that the open source code (...) model is ethically superior to the proprietary model because of its transparency. Given these economic and social benefits, should government policy makers intervene, by tilting the playing field to open source programs? Would such government intervention truly be welfare‐enhancing? Before answering that question we note that some of the presumed technical and economic benefits of open source software are open to question. At the same time, the claims of moral superiority or social desirability are inflated and discount incentives necessary for software development. But even if this software were technically and morally superior, there is still no basis for government intervention. Our position is simple: the invisible hand of the market and not the visible hand of government should decide the fate of open source code. There is no identifiable market failure for the government to fix nor is there any plausible policy justification for giving open source software preferential treatment. (shrink)

Judges in multiple US states, such as New York, Pennsylvania, Wisconsin, California, and Florida, receive a prediction of defendants’ recidivism risk, generated by the COMPAS algorithm. If judges act on these predictions, they implicitly delegate normative decisions to proprietary software, even beyond the previously documented race and age biases. Using the ProPublica dataset, we demonstrate that COMPAS predictions favor jailing over release. COMPAS is biased against defendants. We show that this bias can largely be removed. Our proposed correction (...) increases overall accuracy, and attenuates anti-black and anti-young bias. However, it also slightly increases the risk that defendants are released who commit a new crime before tried. We argue that this normative decision should not be buried in the code. The tradeoff between the interests of innocent defendants and of future victims should not only be made transparent. The algorithm should be changed such that the legislator and the courts do make this choice. (shrink)

:War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect of this battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of (...) Open Source Software. This paper’s use of three just war criteria—Just Cause, Right Intention, and Discrimination—illustrates how the just war tradition can raise the level of ethical awareness about the intellectual property wars that continue to rage in the technological global economy.The division between the two [open source and free software] is often bitterly contested, both from inside and outside the communities. The holiest of holy wars are not fought over word processors, operating systems, or compilers. They are all about software licenses.—Joe Barr. (shrink)

The imagistic promotion of the iconic city form is increasingly achieved by the deployment of the CCTV webcam system. This not only presents new material to mediate people's engagement with this space, but also offers new ways to materialize its actual three-dimensional form. Recent design-based research conducted at the University of Technology, Sydney, shows that the function of the CCTV Internet cameras can be extended and adapted to provide a type of engagement with urban environments that subverts its more representational (...) role and converts it into one that is qualitative and experiential. The article will discuss how the performative aspects offered by this virtual environment can be productively employed by the Internet user to not only create a new type of engagement with public space, but also, ultimately, to curate this space. The article will also reveal how the strategic deployment of recently developed non-proprietary software can be used to intervene within the operational logic of the Internet camera to exploit its potential for use as a design tool. By the strategic recruitment of this software, raw virtual qualitative data from webcam images are processed to generate a formal response to civic space. This type of intervention, which utilizes the two-dimensional image as a platform for intervention within three-dimensional space, asks the designer to relinquish the techniques traditionally used to generate urban form and instead to capitalize upon the opportunities for material intervention offered by the spatial ambiguity of virtual and real-time environments. The exploration of the distortional optical properties associated with contemporary camera technology begins to suggest the development of a range of new techniques for design intervention that will continue to evolve in direct relationship to the technology they exploit. This article will therefore discuss how the utilization of the interactive potential of the CCTV system can produce a new understanding of urban space that replaces any symbolic role for form with the affect of form. This range of unprecedented techniques can be seen to offer a new paradigm for material intervention within both virtual and urban space. (shrink)

State prescription drug monitoring programs (PDMPs) use proprietary, predictive software platforms that deploy algorithms to determine whether a patient is at risk for drug misuse, drug diversion, doctor shopping, or substance use disorder (SUD). Clinical overreliance on PDMP algorithm‐generated information and risk scores motivates clinicians to refuse to treat—or to inappropriately treat—vulnerable people based on actual, perceived, or past SUDs, chronic pain conditions, or other disabilities. This essay provides a framework for challenging PDMP algorithmic discrimination as disability discrimination (...) under federal antidiscrimination laws, including a new proposed rule interpreting section 1557 of the Affordable Care Act. (shrink)

continent. 1.1 (2011): 22-25. The Author gratefully acknowledges the financial support of CAPES (Coordenação de Aperfeiçoamento do Ensino Superior), Brazil. From the multifarious subdivisions of semiotics, be they naturalistic or culturalistic, the realm of semiotics of value is a ?eld that is getting more and more attention these days. Our entire political and economic systems are based upon structures of symbolic representation that many times seem not only to embody monetary value but also to determine it. The connection between monetary (...) and linguistic exchanges is self-evident: the former requires the latter and develops in direct relation to it. Creative experimentation and design of digital systems of value exchange are blossoming on the web. Dr. Gilson Schwartz, an economist turned media theorist and professor at the University of São Paulo, adopted the concept of Iconomics, originally created by Michael Kaplan, an author concerned with the linguistics of economic value. Empowering local communities and unlocking new levels of value creation and representation via digital technologies are the main goals of Dr. Schwartz’s projects, aiming at the re-designing of our relationship to the economic value of imagination and the social control of property. Schwartz is Assistant Professor at the School of Communication and Arts of the University of São Paulo, a former Chief Economist at BankBoston, Brazil and Advisor to the President of the National Social and Economic Development Bank (BNDES). FURTHER READING: Kaplan, Michael. “Iconomics: The Rhetoric of Speculation.” Public Culture . 15.3 (2003): 477-493. Renata Lemos-Morais: You have recently produced and directed a short documentary about Creative Currencies in Latin America. Could you tell us a bit about its process and its findings? Gilson Schwartz: The “Creative Currencies” project is a work-in-progress platform which unfolds as an action research agenda connected both to the production of audiovisual content and the development of social currency software. The initiative dates back to 2003 when I led an experimental project supported by the Presidency of Brazil. At that time, we issued paper currency in a small, touristic village in the Northeast Region which stimulated local cultural projects. But it was only in 2009 that the Central Bank of Brazil acknowledged “social currencies” as a legitimate economic agenda, calling for more debate at the I Financial Inclusion Forum. This year, the monetary authorities organized a second forum that also opened the room to discussions on mobile payment systems and new perspectives on poverty alleviation via State subsidies. The Ministry of Culture funded the “Creative Currencies” project in 2009-2010 and our next stage in this discovery process is to be supported by the National Social and Economic Development Bank (BNDES). In short, there is genuine interest among public officials in different areas and public funding for social currencies is on the rise in Brazil. However, after all these years we are still at a very early stage of research and practice. Some of the most successful initiatives (such as Banco Palmas) actually evolved out of local monetary creation to become correspondent banking operations for commercial banks and other financial groups. After eight years of price stability and social inclusion, Brazil stands out as a major opportunity for social experimentation, even the Grameen Bank is now entering the Brazilian market and many NGOs are geared towards different forms of entrepreneurialism in the base of the pyramid, riding solidarity economic models, microfinance and microcredit for local development. It is yet to be seen, however, whether these developments are just one more stage of “bankarization”, that is to say, an extension of regular banking services or actually a new form of social and symbolic self-determination at the local level. So far, the Central Bank of Brazil is open to new forms of credit and local finance as long as they are strictly territorial and very close to barter among the poor. In other words, whether the process of monetary creation could be made to fit an open source paradigm is yet to be seen. Community banking and social currencies might as well end up as just another channel for access to and use of banking services. The “Creative Currencies” project aims at promoting the discussion of more fundamental issues, such as the limits of central banking, the prospects for local financial development and the possibility of creating and managing financial icons as cultural assets. The purpose of this project is to produce short documentaries that will bear testimony to this evolving regulatory framework while inducing more discussion about the fundamental iconomic issues concealed in the process of money and wealth creation. RLM: What new potential is there in applying digital technologies to currency creation? GS: Globalization is a result of the virtualization of money, that is, the overcoming of illusions such as the “gold standard”. Money is an icon created by institutions, not on supposedly natural or material foundations but out of political and financial interests. The “dollar standard” is an outstanding evidence of this phenomenon and Kaplan´s paper, the first to use the expression “iconomics”, insists on the rhetoric and semiotic effects associated to a supposedly scientific model of money creation and management. This is a fundamental change that was perceived and discussed much before the digitalization of the world by unorthodox economists such as John Maynard Keynes since the early 20th century. The digitalization of global financial flows accelerated this immateriality and the creation of the Euro was yet another evidence of the political foundations of currencies. The banking establishment, however, is keen on the idea that scientific formulae hold the key to sound money creation. Keynesianism has been repeatedly associated to “inflationism” while the supposedly sound monetary policies of the Orthodoxy serve well the political and financial interests of a technocratic elite. Corporate media also serve this fictitious depiction of the monetary process despite the cyclical bust of monetary rules and financial regulations. The internet, however, has created numerous opportunities for the disintermediation in industries such as film, music and commodities. There is no reason to doubt that the financial industry can also be transformed by Peer-to-Peer (P2P) infrastructures. Money is media as well. Credit is but confidence. Once people realize that the distributed computing power of networks can also be the platform to weave new monetary and credit operations, there is room for grassroots emancipation out of the established owners of monetary institutions. So far, however, there has been a privatization of monetary management and there is not a clear path or model for the emergent (P2P) property democratization that is inherent to the internet. Digital assets, however, clearly have an inherent potential to escape central control and proprietary regulatory frameworks. RLM: How are social networks transforming the ways in which we exchange value? Do you believe that online influence and reputation might be translated into a new kind of currency? GS: The foundation for social currencies as envisaged by solidarity economics is the territory. Authorities are willing to concede local monetary creation as long as it is restricted to poor neighborhoods, as a proxy to barter. In this relevant but limited context, reputation, personal knowledge and informal ties form the matrix of local or “proximity” finance which are expected to keep credit and leverage to a sustainable level. Anything beyond that should and would lead to an integration of local finance into the established banking system. However, inasmuch as the internet promotes virtual territories and reputation is now subject to all sorts of digital manipulation and stardom becomes an everyday cultural process among teenagers and elders alike, the territorial “foundation” is substituted for more complex patterns of solidarity, cooperation and exchange that reach beyond the physical territory and even the “human.” Digital assets embody knowledge, technology, cultural and educational values that are exchanged at a global scale beyond the control of democratic States (Chinese-like intervention is the exception, not the rule). Hacktivism is unstoppable and so is monetary hacktivism. Especially in the Third World, mobile communications fast became conveyors of money transfers and other appropriation strategies. Banking and telecom sectors already battle for the control of these emerging markets and, as a matter of fact, have so far contributed to the containment of these processes. Governments serve these moguls and have usually adopted a wait-and-see attitude. If open source hardware and grassroots social movements combine to challenge these proprietary battles, then social networks may evolve into new forms of social capital and thus form the ground on which to design and implement social currencies. The global financial crisis, as well as the dollar demise, are an event of such a proportion that social networks may open the path for emancipator subjects to seize the opportunity. RLM: What are some of the social experiments that you think are revolutionizing the way in which value is exchanged? GS: There is a broad evolution of economic systems towards the valuation of intangible assets such as knowledge, reputation and sustainability. There are many examples of local as well as global events that call the traditional systems of exchange into question, from carbon credits to educational bonuses, digital barter frameworks and locally based solidarity and fair trade networks. These emerging examples, no matter how different in nature or scale, represent a challenge to the traditional value creation schemes and theories which are based on use and exchange value, supply and demand. This is not to say that utility and labour or scarcity are to be totally dismissed, but there is now an emerging perception that value is also a function of behavioral codes, symbolic patterns and the energy of institutional frameworks. The plasticity of digital platforms is relevant insofar as intellectual property becomes the central source of value creation. But when you discuss the property rights of public goods such as the environment or basic social rights (of minorities or localities), then a new paradigm seems to emerge. RLM: Are gaming and online storytelling digital practices that might have an impact on the way new currencies are created and developed? GS: “Play money” has been one of the early and most intriguing phenomena associated to the diffusion of virtual worlds. These virtual currencies have also been prone to “boom and bust” dynamics, speculation and pure theft (Second Life scams were common and led to “intervention” by the owners of the game). Storytelling is a major source of value, that is, the value of attention and the markets for audience. There are plenty of private monies created and managed by corporate entertainment groups, telecom operators (via mobile virtual network operators) and marketing frameworks. The casino economy, as already depicted by Keynes and other unorthodox economists, is always storytelling about future states of the world, confidence building and leverage of animal spirits. The novelty of current events is not the fictitious nature of any form of capital, but the potential for digital democratization of controls over the imaginary nature of value creation. But this is just a potential, a possibility, a figment that more often than not is appropriated by centralized and opaque private powers. The game industry is a testbed for new connections between storytelling and money creation. RLM: Monetary value was originally connected to the scarcity of precious metals, such as gold. Our entire monetary system seems therefore to function according to a logic of scarcity. Do you believe it is possible to reverse this logic into a logic of abundance? GS: The gold standard was a fiction itself, the “scarcity” is always produced by institutions that regulate confidence and access to credit. The key issue is not to fabricate abundance, but to question the institutions which produce scarcity out of any standard, gold or whatever. Central banks are at the service of private banks in the creation and management of scarcity. RLM: The promise that nanotechnology holds for our future is one of radical abundance (or so say transhumanists). The possibility of creating any kind of material substance through nanoengineering seems each day more feasible. What would this possibility entail in terms of systems of value exchange? GS: Nanotechnology, environmental concerns and grassroots appropriation of distributed knowledge are the frontiers of a new horizon of energy creation and management. Social groups in charge of managing scarcity for the sake of wealth and power concentration must be held accountable for the destruction of our future. Once this key political conundrum is accounted for, new systems of value exchange and even a non-mercantile society will come into existence. Revolutionary theorists such as Marx envisaged transformation via the extreme clash of contradictions between capital and labour. This approach has never led to a change in the systemic logic of scarcity for the sake of social control. We are once again facing the threshold of large scale societal change, but the outcome of the current crisis should come from our imagination, not from yet another paradox of abundance and scarcity. As long as we remain attached to the materiality of value, the illusion of freedom will but reinforce the massive manipulation of necessity. RLM: What do you think is the role of crowdfunding in this context? GS: Crowdsourcing as well as crowdfunding are examples of the peer to peer opportunities that come along with distributed computer power. However, the power structure behind wealth and scarcity creation may or may not be changed by crowd management. But it should not be taken at face value, so to speak. The stock market of course is an early form of crowdfunding without calling into question the proprietary framework of the companies offering their investment projects to the market. Any market is a form of crowdsourcing, that is to say, of distributed forms of supply and demand matchmaking. The wealth of networks, however, depends on the contractual ecosystem, the institutional framework, the channeling of social imagination, not on the purely quantitative distribution of bids and offers. I see economics as supply, demand and code. Once you have access to the code, once openness becomes part of the game, then there is a chance of crowd behavior becoming collective intelligence and sustainable imagination. RLM: Is the development of digital currencies headed towards a pluralistic ecology in which many micro currency systems co-exist, or is it penetrating the mainstream monetary system? If it is affecting the mainstream financial system, what would be its effect in the long-term? GS: The same issue is at stake both at local and global levels. The global system is, as a matter of fact, an unstable ecosystem of “micro currencies” whereas the dollar has so far exerted an overwhelming influence. Local currencies and private monies coexist with national currencies only to the extent that the Central Bank admits, for instance, that grassroots monetary emissions remain territorial and strictly connected to poverty. However, the question of how new developments in digital technologies and nanotechnologies might alter not only our current monetary systems but also our understanding of value in itself, is still an open question. (shrink)

In this paper I analyse the ethical implications of the two main competing methodologies in genomic research. I do not aim to provide another contribution from the mainstream legal and public policy perspective; rather I offer a novel approach in which I analyse and describe the patent-and-publish regime (the proprietary regime) led by biologist J. Craig Venter and the 'open-source' methodologies led by biotechnology Nobel laureate John Sulston. The 'open-source methodologies' arose in biotechnology as an alternative to the patent-and-publish (...) regime in the wake of the explosion in computer technology. Indeed, the tremendous increase in computer technology has generated a corresponding increase in the pace of genomics research. I conclude this paper by arguing that while the patent-and-publish method is a transactional method based on the exchange of extrinsic goods (patents in exchange for research funds), the free and open-source methodology (FLOSS) 1 is a transformational method based on a visionary ideal of science, which leads to prioritizing intrinsic goods in scientific research over extrinsic goods. (shrink)

Over the past 50 years, Nelson algebras have been extensively studied by distinguished scholars as the algebraic counterpart of Nelson's constructive logic with strong negation. Despite these studies, a comprehensive survey of the topic is currently lacking, and the theory of Nelson algebras remains largely unknown to most logicians. This paper aims to fill this gap by focussing on the essential developments in the field over the past two decades. Additionally, we explore generalisations of Nelson algebras, such as N4-lattices which (...) correspond to the paraconsistent version of Nelson's logic, as well as their applications to other areas of interest to logicians, such as duality and rough set theory. A general representation theorem states that each Nelson algebra is isomorphic to a subalgebra of a rough set-based Nelson algebra induced by a quasiorder. Furthermore, a formula is a theorem of Nelson logic if and only if it is valid in every finite Nelson algebra induced by a quasiorder. (shrink)

Software is a ubiquitous artifact, yet not much has been done to understand its ontological nature. There are a few accounts offered so far about the nature of software. I argue that none of those accounts give a plausible picture of the nature of software. I draw attention to the striking similarities between software and musical works. These similarities motivate to look more closely on the discussions regarding the nature of the musical works. With the lessons (...) drawn from the ontology of musical works I offer a novel account of the nature of software. In this account, software is an abstract artifact. I elaborate the conditions under which software comes into existence; how it persists; how and on which entities its existence depends. (shrink)

O artigo tenta compreender como o software livre tornou-se vetor de um movimento social militante para criação e difusão de bens comuns. Como, para além de suas características de “meio” esses softwares foram transformados em questões de política, economia, sociedade, cultura e ética? São emergência, os modos de organização e as ideologias desse movimento que o artigo se propõe a analisar.

Conceptual models are descriptions of our ideas about a problem, used to shape the implementation of a solution to it. Everyone who builds complex information systems uses such models - be they requirements analysts, knowledge modellers or software designers - but understanding of the pragmatics of model design tends to be informal and parochial. Lightweight uses of logic can add precision without destroying the intuitions we use to interpret our descriptions. Computing with logic allows us to make use of (...) this precision in providing automated support tools. Modern information scientists need to know what these methods are for and may need to build their own. This book gives you a place to begin. Where do you start when building models in a precise language like logic? One way is by following standard paradigms for design and adapting these to your needs. Some of these come from an analysis of existing informal notations. Others are from within logic itself. We take you through a sample of these, from more commonplace styles of formal modelling to non-standard methods such as techniques editing and argumentation. Each of these provides a window onto broader areas of applied logic and gives you a basis for adapting the method to your own needs. (shrink)

In a legal sense, a proprietary complex is comprehended as a totality of the objects of civil rights having common purpose which is referred to as a self-sufficient object having separate monetary value. In contemporary doctrine of private law, wherein the pluralistic theory of civil relationship is prevalent, the object of the civil relationship as well as the object of civil rights is considered the values regarding which of the civil relationship emerged. Proprietary complexes as the multipartite objects (...) of civil rights are comprised of various units of asset. In a legal sense, assets are considered as the objects of civil rights having economic value and capacity to participate in civil turnover, i.e. the owner is able to transfer such object to another person. While forming proprietary complexes, different units of assets (tangible and intangible) are united into a totality which is considered as one object of civil rights. So, if the positive law constitutes a possibility to form proprietary complexes and to participate in civil turnover, it becomes possible to capitalize assets, whereas proprietary complexes are formed in order to gain additional monetary value. Therefore, the purpose of this research is to analyse the formation of proprietary complexes, the genesis and theoretical grounding of proprietary complexes and different kinds of proprietary complexes. The subject matter of the research is the analysis of the concept of proprietary complex, the identification of the features of proprietary complexes and the analysis of particular proprietary complexes. The main methods used in this research are document (content of source), linguistic, systematic and critical analyses as well as historical, comparative and teleological analyses. (shrink)

This paper argues that the difference between contemporary software intensive scientific practice and more traditional non-software intensive varieties results from the characteristically high conditionality of software. We explain why the path complexity of programs with high conditionality imposes limits on standard error correction techniques and why this matters. While it is possible, in general, to characterize the error distribution in inquiry that does not involve high conditionality, we cannot characterize the error distribution in inquiry that depends on (...) software. Software intensive science presents distinctive error and uncertainty modalities that pose new challenges for the epistemology of science. (shrink)

Baars (1988, 1997) has proposed a psychological theory of consciousness, called global workspace theory. The present study describes a software agent implementation of that theory, called ''Conscious'' Mattie (CMattie). CMattie operates in a clerical domain from within a UNIX operating system, sending messages and interpreting messages in natural language that organize seminars at a university. CMattie fleshes out global workspace theory with a detailed computational model that integrates contemporary architectures in cognitive science and artificial intelligence. Baars (1997) lists the (...) psychological ''facts that any complete theory of consciousness must explain'' in his appendix to In the Theater of Consciousness; global workspace theory was designed to explain these ''facts.'' The present article discusses how the design of CMattie accounts for these facts and thereby the extent to which it implements global workspace theory. (shrink)

Free software introduces a challenge to the classical conception of individual rights. The model of software licensing given by the General Public License generates the question whether it constitutes an exercise or a wavering of copyright. It is argued in this paper that the later alternative is entrenched in the classical concept of freedom as autonomy, which, by its turn, is reflected in a classical conception of individual rights based on the model of propriety as a dominion over (...) an exclusive object (res). We provide grounds for a concept of non-exclusive individual rights, based on the notion of freedom as reciprocity, in order to obtain more solid legal foundations for the free licensing of software. The concept of freedom as reciprocity and the corresponding reconstruction of non-exclusive subjective rights achieved in this paper is an exercise in general theory of law and thus may be applied to other legal fields where the classical notion of freedom and the property of exclusivity do not fit properly. (shrink)

The possible relationship between widespread unauthorized copying of microcomputer software (also known as software piracy) and level of moral judgment is examined through analysis of over 350 survey questionnaires that included the Defining Issues Test as a measure of moral development. It is hypothesized that the higher one''s level of moral judgment, the less likely that one will approve of or engage in unauthorized copying. Analysis of the data indicate a high level of tolerance toward unauthorized copying and (...) limited support for the hypothesis. The most plausible explanation for these findings is that software copying is perceived as an issue of low moral intensity. This study calls into question the software industry''s strategy of concentrating exclusively on institutional compliance with copyright rules, rather than working to raise the perceived moral intensity about software piracy at the individual level. As long as the issue remains low in moral intensity, the industry cannot expect significant shifts in copying behaviors. Individuals must become more aware of and concerned about the nature and magnitude of harm to society and to the rightful copyright owners from unauthorized copying before their attitudes and behaviors come to reflect higher levels of moral judgment. (shrink)

Some of the reasons one acts on in joint action are shared with fellow participants. But others are proprietary: reasons of one’s own that have no direct practical significance for other participants. The compatibility of joint action with proprietary reasons serves to distinguish the former from other forms of collective agency; moreover, it is arguably a desirable feature of joint action. Advocates of “team reasoning” link the special collective intention individual participants have when acting together with a distinctive (...) form of practical reasoning that purports to put individuals in touch with group or collective reasons. Such views entail the surprising conclusion that one cannot engage in joint action for proprietary reasons. Suppose we understand the contrast between minimal and robust forms of joint action in terms of the extent to which participants act on proprietary reasons as opposed to shared reasons. Then, if the team reasoning view of joint intention and action is correct, it makes no sense to talk of minimal joint action. As soon as the reason for which one participates is proprietary, then one is not, on this view, genuinely engaged in joint action. (shrink)

The main contention of this paper is that, just as there is something it is like to smell a rose, taste chocolate, and hear a siren, there is something it is like to perform an action. In other words, I will argue that we ought to recognize, alongside these other familiar forms of phenomenology, a distinctive phenomenology of agency. My claim is not simply that there is some subjective experience that attaches to the performance of actions. No one disputes that (...) action is typically accompanied by a range of kinaesthetic and visual experiences, and often preceded by conscious thoughts about what to do. The position I wish to defend, rather, is that there is a proprietary phenomenology or subjective character associated with action that “goes beyond” (Horgan et al. 2003, p. 323) these familiar types of sensory and cognitive experience (for other treatments of this topic, see Horgan 2007; Bayne and Levy 2006; Bayne 2008; Pacherie 2008; Kriegel 2015; Shepherd 2017). (shrink)

Our freedoms in cyberspace are those granted by code and the protocols it implements. When man and machine interact, co-exist, and intermingle, cyberspace comes to interpenetrate the real world fully. In this cyborg world, software retains its regulatory role, becoming a language of interaction with our extended cyborg selves. The mediation of our extended selves by closed software threatens individual autonomy. We define a notion of freedom for software that does justice to our conception of it as (...) language, sketching the outlines of a social and political philosophy for a cyborg world. In a cyberspace underwritten by free software, political structures become contingent and flexible: the polity can choose to change the extent and character of its participation. The rejection of opaque power is an old anarchist ideal: free software, by making power transparent, carries the potential to place substantive restrictions on the regulatory power of cyborg government. (shrink)

This e-book set includes two winning guides on Nik Software tools Designed to save time in the digital workflow, Nik Software?s entire suite of products (Dfine 2.0, Color Efex Pro 4.0, Sharpener Pro 3.0, Silver Efex Pro 2, VIVEZA 2.0, and ...

This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of intellectual property rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good governance mechanisms is also examined. Findings demonstrate that: (1) while all governance (...) tools under consideration significantly decrease the incidence of piracy, corruption-control is the most effective weapon; (2) but for voice and accountability, political stability and democracy, IPR laws (treaties) are instrumental in tackling piracy through government quality dynamics of rule of law, regulation quality, government effectiveness, corruption-control, and press freedom. Hence, the need for a policy approach most conducive to expanding development is to implement an integrated system of both IPRs and corollary good governance policies. Moreover, our findings support the relevance of good governance measures in developing countries wishing to complement their emerging IPR regimes. (shrink)

Software piracy, the illegal and unauthorized duplication, sale, or distribution of software, is a widespread and costly phenomenon. According to Business Software Alliance, over 41% of the PC software packages installed worldwide were unauthorized copies. Software piracy behavior has been investigated for more than 30 years. However, after a review of the relevant literature, there appears to be two voids in this literature: a lack of studies in non-Western countries and a scarcity of process studies. (...) This study contributes to literature by developing a software piracy model to better understand the decision-making process that underlies this unethical behavior. The model was tested using data collected from a sample of 323 undergraduate business students. Consistent with the Theory of Reasoned Action, attitudes toward software piracy and subjective norms were significant predictors of intention to pirate software. Also, the results suggested that ethical ideology, public self-consciousness, and low self-control moderated the effect of these variables on intention to pirate software. The results have important practical implications for the software industry and governments hoping to curtail software piracy. Limitations of the study and recommendations for future studies are discussed as well. (shrink)

Within artificial intelligence and the philosophy of mind,there is considerable disagreement over the relationship between anagent's body and its capacity for intelligent behavior. Some treatthe body as peripheral and tangential to intelligence; others arguethat embodiment and intelligence are inextricably linked. Softwareagents–-computer programs that interact with software environmentssuch as the Internet–-provide an ideal context in which to studythis tension. I develop a computational framework for analyzingembodiment. The framework generalizes the notion of a body beyondmerely having a physical presence. My analysis (...) sheds light oncertain claims made about the relevance of the body to intelligence,as well as on embodiment in software worlds. (shrink)

Should software be sold “as is”, totally guaranteed, or something else? This paper suggests that “informed consent”, used extensively in medical ethics, is an appropriate way to envision the buyer/developer relationship when software is sold. We review why the technical difficulties preclude delivering perfect software, but allow statistical predictions about reliability. Then we borrow principles refined by medical ethics and apply them to computer professionals.

Software ownership allows the owner to restrict the distribution of software and to prevent others from reading the software’s source code and building upon it. However, free software is released to users under software licenses that give them the right to read the source code, modify it, reuse it, and distribute the software to others. Proponents of free software such as Richard M. Stallman and Eben Moglen argue that the social disutility of (...) class='Hi'>software ownership is a sufficient justification for prohibiting it. This social disutility includes the social instability of disregarding laws and agreements covering software use and distribution, inequality of software access, and the inability to help others by sharing software with them. Here I consider these and other social disutility claims against withholding specific software rights from users, in particular, the rights to read the source code, duplicate, distribute, modify, imitate, and reuse portions of the software within new programs. I find that generally while withholding these rights from software users does cause some degree of social disutility, only the rights to duplicate, modify and imitate cannot legitimately be denied to users on this basis. The social disutility of withholding the rights to distribute the software, read its source code and reuse portions of it in new programs is insufficient to prohibit software owners from denying them to users. A compromise between the software owner and user can minimise the social disutility of withholding these particular rights from users. However, the social disutility caused by software patents is sufficient for rejecting such patents as they restrict the methods of reducing social disutility possible with other forms of software ownership. (shrink)

This paper identifies that Information and Communication Technology (ICT) has a negative effect on software piracy rates in addition to consolidating prior research that economic development and the cultural dimension of individualism also negatively affect piracy rates. Using data for 59 countries from 2000 to 2005, the findings show that economic well-being, individualism and technology development as measured by ICT expenditures explain between 70% and 82% of the variation in software piracy rates during this period. The research results (...) provide important implications for policy makers and business practitioners to help reduce software piracy. (shrink)

Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law's role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. However, their use in this way predicates some arrangement for stipulating which parties will have control under which circumstances. It is argued (...) that ‘property rules’—a category whose scope is determined functionally—protect the entitlements of parties to such sharing arrangements against each other's opportunistic attempts to grant conflicting entitlements to third parties. At the same time, the legal system uses a range of strategies to minimize the costs such protection imposes on third parties. The choice of strategy significantly affects co-owners’ freedom to customize their control-sharing arrangements. This theory is applied to give an account of the ‘proprietary foundations’ of corporate law, which has significant implications for the way in which the subject's functions are understood and evaluated. (shrink)

This book is a critical introduction to code and software that develops an understanding of its social and philosophical implications in the digital age. Written specifically for people interested in the subject from a non-technical background, the book provides a lively and interesting analysis of these new media forms.

Over the past four decades, software engineering has emerged as a discipline in its own right, though it has roots both in computer science and in classical engineering. Its philosophical foundations and premises are not yet well understood. In recent times, members of the software engineering community have started to search for such foundations. In particular, the philosophies of Kuhn and Popper have been used by philosophically-minded software engineers in search of a deeper understanding of their discipline. (...) It seems, however, that professional philosophers of science are not yet aware of this new discourse within the field of software engineering. Therefore, this article aims to reflect critically upon recent software engineers’ attempts towards a philosophy of software engineering and to introduce our own philosophical thoughts in this context. Finally, we invite the professional philosophers of science to participate in this interesting new discourse. (shrink)

Software systems play an ever more important role in our lives and software engineers and their companies find themselves in a position where they are held responsible for ethical issues that may arise. In this paper, we try to disentangle ethical considerations that can be performed at the level of the software engineer from those that belong in the wider domain of business ethics. The handling of ethical problems that fall into the responsibility of the engineer has (...) traditionally been addressed by the publication of Codes of Ethics and Conduct. We argue that these Codes are barely able to provide normative orientation in software development. The main contribution of this paper is, thus, to analyze the normative features of Codes of Ethics in software engineering and to explicate how their value-based approach might prevent their usefulness from a normative perspective. Codes of Conduct cannot replace ethical deliberation because they do not and cannot offer guidance because of their underdetermined nature. This lack of orientation, we argue, triggers reactive behavior such as “cherry-picking,” “risk of indifference,” “ex-post orientation,” and the “desire to rely on gut feeling.” In the light of this, we propose to implement ethical deliberation within software development teams as a way out. (shrink)

Software piracy is a serious problem in the software industry. Software authors and publishing companies lose revenue when pirated software rather than legally purchased software is used. Policy developers are forced to invest time and money into restricting software piracy. Much of the published research literature focuses on software piracy by end-users. However, end-users are only able to copy software once the copy protection has been removed by a ‘cracker’. This research aims (...) to explore why, if copy protection is so difficult to remove, do crackers invest their skill and time in this activity instead of more lucrative and legal employment. This study develops a framework of neutralisation, justification and motivation and goes directly to the initial software crackers to determine what motivates their activities. The study first applies this framework in an anonymous online survey of crackers. The study then conducts cognitive interviews with eight crackers to explore and further validate the survey’s findings. The study finds the challenge of removing the copy protection from software as the strongest motivation for the actions of crackers. Desire for social participation, while found to be rewarding, was considered unnecessary for crackers to continue their actions. Higher social status was not a motivational factor but was a perceived by-product of cracking. The study also raises areas for future research. (shrink)

In the current efforts of harmonizing the standards and enforcement of IPRs protection worldwide, this paper explores software piracy trajectories and dynamics in Africa. Using a battery of estimation techniques that ignore as well as integrate short-run disturbances in time-dynamic fashion, we answer the big questions policy makers are most likely to ask before harmonizing IPRs regimes in the battle against software piracy. Three main findings are established. (1) African countries with low software piracy rates are catching-up (...) their counterparts with higher rates; implying despite existing divergent IPRs systems, convergence in piracy rate could be a genuine standard-setting platform. (2) Legal origins do not play a very significant role in the convergence process. (3) A genuine timeframe for standardizing IPRs laws in the fight against piracy is most likely between a horizon of 4–8 years. In other words, full (100 %) convergence within the specified horizon will mean the enforcements of IPRs regimes without distinction of nationality and locality. Policy implications and caveats are discussed. (shrink)

Free and open source software is taking an increasingly significant role in our software infrastructure. Yet many questions still exist about whether a software economy based on FOSS would be viable. We argue that contemporary trends definitively demonstrate this viability. Claiming that an economy must be evaluated as much by the ends it brings about as by its size or vigor, we draw on widely accepted notions of redistributive justice to show the ethical superiority of a (...) class='Hi'>software economy based on FOSS. (shrink)

The first aim of simulation in virtual environment is to help biologists to have a better understanding of the simulated system. The cost of such simulation is significantly reduced compared to that of in vivo simulation. However, the inherent complexity of biological system makes it hard to simulate these systems on non-parallel architectures: models might be made of sub-models and take several scales into account; the number of simulated entities may be quite large. Today, graphics cards are used for general (...) purpose computing which has been made easier thanks to frameworks like CUDA or OpenCL. Parallelization of models may however not be easy: parallel computer programing skills are often required; several hardware architectures may be used to execute models. In this paper, we present the software architecture we built in order to implement various models able to simulate multi-cellular system. This architecture is modular and it implements data structures adapted for graphics processing units architectures. It allows efficient simulation of biological mechanisms. (shrink)

This book engages directly in close readings of technical texts and computer code in order to show how software works. It offers an analysis of the cultural, political, and philosophical implications of software technologies that demonstrates the significance of software for the relationship between technology, philosophy, culture, and society.

Software piracy is older than the PC and has been the subject of several studies, which have found it to be a widespread phenomenon in general, and among university students in particular. An earlier study by Cohen and Cornwell from a decade ago is replicated, adding questions about downloading music from the Internet. The survey includes responses from 224 students in entry-level courses at two schools, a nondenominational suburban university and a Catholic urban college with similar student profiles. The (...) study found that there has been few if any changes in student opinions regarding the unauthorized duplication of copy- righted materials. Students generally felt that copying commercial software and downloading music from the Internet was acceptable and found that there was no significant correlation between student attitudes and their school’s religious affiliation or lack thereof. Additionally, the study found that a small but significant percentage of respondents considered the other questionable behaviors as ethically acceptable. Finally, the reasons for these attitudes are discussed as well as what colleges can do to correct the situation. (shrink)

Push: Software Design and the Cultural Politics of Music Production shows how changes in the design of music software in the first decades of the twenty-first century shaped the production techniques and performance practices of artists working across media, from hip-hop and electronic dance music to video games and mobile apps. Emerging alongside developments in digital music distribution such as peer-to-peer file sharing and the MP3 format, digital audio workstations like FL Studio and Ableton Live introduced design affordances (...) that encouraged rapid music creation workflows through flashy, "user-friendly" interfaces. Meanwhile, software such as Avid's Pro Tools attempted to protect its status as the "industry standard," "professional" DAW of choice by incorporating design elements from pre-digital music technologies. Other software, like Cycling 74's Max, asserted its alterity to "commercial" DAWs by presenting users with nothing but a blank screen. These are more than just aesthetic design choices. Push examines the social, cultural, and political values designed into music software, and how those values become embodied by musical communities through production and performance. It reveals ties between the maximalist design of FL Studio, skeuomorphic design in Pro Tools, and gender inequity in the music products industry. It connects the computational thinking required by Max, as well as iZotope's innovations in artificial intelligence, with the cultural politics of Silicon Valley's "design thinking." Finally, it thinks through what happens when software becomes hardware, and users externalize their screens through the use of MIDI controllers, mobile media, and video game controllers. Amidst the perpetual upgrade culture of music technology, Push provides a model for understanding software as a microcosm for the increasing convergence of globalization, neoliberal capitalism, and techno-utopianism that has come to define our digital lives. (shrink)

Many ontologies posit levels of existence. A whole exists at a level above its parts; a set exists at a level above its members. Hardware objects are at the lowest level in a computational ontology. Software objects exist at higher levels. The game of life illustrates a stratified computational ontology. The cells in the life grid are the hardware objects. An event is a function from cells to values 0 or 1. A process is a series of events. A (...) process contains a software object iff its content is generated by some rule that is independent of the rule for cells. We give a precise existence axiom for software objects. As expected, blinkers, gliders, puffer trains, and so on are software objects. Software objects satisfy traditional conceptions of materiality. Our conception of software objects has intriguing links to modern conceptions of material particles in terms of symmetry groups and topological invariants. Software objects are not abstract. (shrink)

There are many tangled normative and technical questions involved in evaluating the quality of software used in epidemiological simulations. In this paper we answer some of these questions and offer practical guidance to practitioners, funders, scientific journals, and consumers of epidemiological research. The heart of our paper is a case study of the Imperial College London covid-19 simulator, set in the context of recent work in epistemology of simulation and philosophy of epidemiology.