scholarly journals Autonomy and Morality in DRM and Anti-Circumvention Law

1970 ◽  
Vol 4 (2) ◽  
pp. 239-245
Author(s):  
Dan L. Burk ◽  
Tarleton Gillespie
Keyword(s):  
Digital Rights Management ◽  
Costs And Benefits ◽  
The Public ◽  
The Social ◽  
State Sponsorship ◽  
Management Technology ◽  
Rights Management ◽  
Information Products ◽  
Social Costs And Benefits

Digital rights management technology, or DRM, provides self-enforcing technical exclusion from pre-determined uses of informational works. Such technical exclusion may supplement or even supplant intellectual property laws. The deployment of DRM has been subsidized by laws prohibiting both disabling of technical controls and assisting others to disable technical controls. To date the public debate over deployment of DRM, has been almost entirely dominated by utilitarian arguments regarding the social costs and benefits of this technology. In this paper, we examine the moral propriety of laws endorsing and encouraging the deployment of DRM. We argue that a deontological analysis, focusing on the autonomy of information users, deserves consideration. Because DRM shifts the determination of information use from users to producers, users are denied the choice whether to engage in use or misuse of the technically protected work. State sponsorship of DRM in effect treats information users as moral incompetents, incapable of deciding the proper use of information products. This analysis militates in favor of legal penalties that recognize and encourage the exercise of autonomous choice, even by punishment of blameworthy choices, rather than the encouragement of technology that limits the autonomous choices of information users.

scholarly journals Autonomy and Morality in DRM and Anti-Circumvention Law

1970 ◽  
Vol 4 (2) ◽  
pp. 239-245 ◽  
Author(s):  
Dan L. Burk ◽  
Tarleton Gillespie
Keyword(s):  
Digital Rights Management ◽  
Costs And Benefits ◽  
The Public ◽  
The Social ◽  
State Sponsorship ◽  
Management Technology ◽  
Rights Management ◽  
Information Products ◽  
Social Costs And Benefits

Digital rights management technology, or DRM, provides self-enforcing technical exclusion from pre-determined uses of informational works. Such technical exclusion may supplement or even supplant intellectual property laws. The deployment of DRM has been subsidized by laws prohibiting both disabling of technical controls and assisting others to disable technical controls. To date the public debate over deployment of DRM, has been almost entirely dominated by utilitarian arguments regarding the social costs and benefits of this technology. In this paper, we examine the moral propriety of laws endorsing and encouraging the deployment of DRM. We argue that a deontological analysis, focusing on the autonomy of information users, deserves consideration. Because DRM shifts the determination of information use from users to producers, users are denied the choice whether to engage in use or misuse of the technically protected work. State sponsorship of DRM in effect treats information users as moral incompetents, incapable of deciding the proper use of information products. This analysis militates in favor of legal penalties that recognize and encourage the exercise of autonomous choice, even by punishment of blameworthy choices, rather than the encouragement of technology that limits the autonomous choices of information users.

scholarly journals Weighing intellectual property: Can we balance the social costs and benefits of patenting?

2018 ◽  
Vol 57 (1) ◽  
pp. 140-163
Author(s):  
Mario Biagioli
Keyword(s):  
Intellectual Property ◽  
Social Costs ◽  
Costs And Benefits ◽  
Ip Protection ◽  
The Public ◽  
Clear Sense ◽  
The Social ◽  
The Law ◽  
Social Costs And Benefits ◽  
Ip Law

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful.

scholarly journals The Tolerable Cost of European Union Regulation: Leaving the EU and the Market for Politically Convenient Facts

2017 ◽  
Vol 46 (4) ◽  
pp. 719-743 ◽  
Author(s):  
GARY FOOKS ◽  
TOM MILLS
Keyword(s):  
European Union ◽  
Working Conditions ◽  
Policy Instruments ◽  
Social Regulation ◽  
Costs And Benefits ◽  
The Social ◽  
Social Costs And Benefits ◽  
Business Competitiveness ◽  
The Uk ◽  
The Eu

AbstractEuropean Union (EU) law-making has played a key role in promoting social equity in the UK through safer working conditions, enhanced rights for workers, and by reducing environmental pollution. Concerns over its effect on business competitiveness have long been a major driver of Euroscepticism, underpinning criticism of the EU by influential opinion formers within British conservatism. The Leave Campaign argued that EU laws damage the UK economy by imposing unnecessary costs on British business, claiming that EU regulations cost the UK economy £33.3 billion per year. This paper examines the reliability of, and assumptions that underpin, aggregated estimates of the costs and benefits of EU-derived regulation, and considers how the economisation of public policy influences understanding of the social value of regulation. It brings together the findings of studies that have evaluated the accuracy of the estimated costs and benefits in formal impact assessments and analyses impact assessments of EU-derived policy instruments aimed at regulating working conditions. Our findings suggest that aggregated estimates represent poor guides to understanding the social costs and benefits of social regulation and highlight the value of discarding impact assessment estimates of costs and benefits in the context of efforts to shape social policy post-Brexit.

scholarly journals RESEARCH OF APPROACHES TO THE ASSESSMENT OF CORPORATE SOCIAL RESPONSIBILITY OF MEDIUM-SIZED BUSINESSES

2021 ◽  
Vol 3 (197) ◽  
pp. 63-69
Author(s):  
E.P. Troshina ◽  
◽  
T.A. Chizhova ◽  
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Social Economic ◽  
Scientific Work ◽  
Self Assessment ◽  
The Public ◽  
Social Mission ◽  
The Social ◽  
Corporate Social

With the increasing role assigned to the social mission of business in the formation of a positive image in front of the public, the problem of evaluating the activities in the field of corporate social responsibility (CSR) by organizations focused on successful development is becoming increasingly relevant. The article discusses the various approaches currently used in practice (including standards, sustainability indices, self-assessment models) that allow evaluating the activities of organizations in the field of CSR. Such a variety of evaluation methods is due to the fact that each of them has a number of limitations in its application, which should be considered. As a result of systematization of the approaches to CSR assessment considered in the framework of the study, their comparative analysis was carried out in key areas of CSR. A significant result of the presented scientific work is the determination of the most appropriate method for assessing the activities of mediumsized businesses in all areas of CSR (environmental, social, economic, stakeholders, neighborliness).

scholarly journals Help Wanted: Economists, Crime and Public Policy

1996 ◽  
Vol 10 (1) ◽  
pp. 3-24 ◽  
Author(s):  
John J DiIulio
Keyword(s):  
Public Policy ◽  
Social Capital ◽  
Criminal Behavior ◽  
Costs And Benefits ◽  
Relevant Research ◽  
Crime And Punishment ◽  
Policy Debates ◽  
The Social ◽  
Social Costs And Benefits ◽  
Causes Of Crime

Beginning with Gary W. Becker's (1968) article on crime and punishment, economists have contributed important theoretical insights and empirical findings to the study of criminal behavior but the influence of economists on crime-relevant research and over policy debates remains negligible. This essay summarizes some basic data on the causes of crime, the social costs and benefits of incarceration, and replenishing social capital. Work on crime by economists should become influential in setting research agendas and shaping policy debates but economists will have to roll up their sleeves, complexify their models, and confront a real-world ‘prisoner's dilemma’ or two.

scholarly journals Pola Hubungan Sosial Pengguna Kartu BPJS Kesehatan

2021 ◽  
Vol 21 (2) ◽  
pp. 419-427
Author(s):  
Djaenap Suma ◽  
M. Rusdi Maidin ◽  
Harifuddin Halim
Keyword(s):  
Social Interaction ◽  
General Hospital ◽  
Hospital Staff ◽  
Health Examination ◽  
The Public ◽  
The Social ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
Depth Interviews

Penelitian ini bertujuan untuk memahami interaksi sosial antara pihak Rumah Sakit Umum Daerah Ende dengan pasien dalam masalah kesehatan bagi pengguna kartu BPJS. Penelitian ini dilakukan melalui pendekatan kualitatif-deskriptif, Data tersebut diperoleh melalui observasi, wawancara mendalam dengan para informan, disamping studi dokumentasi dan studi pustaka. Penentuan informan dilakukan secara porposive sampling. Dalam hal ini adalah masyarakat pengguna kartu BPJS dan pihak rumah sakit yaitu dokter, perawat dan staf rumah sakit. Rumah sakit yaitu dokter, perawat dan staf rumah sakit. Hasil penelitian menunjukan bahwa interaksi sosial pihak Rumah Sakit Umum Daerah dengan Pasien Pengguna BPJS Kesehatan adalah interaksi pihak Rumah Sakit dengan pasien pengguna BPJS dalam proses pemeriksaan kesehatan, interaksi pihak Rumah Sakit dengan pengguna BPJS dalam proses penyembuhan penyakit, dan interaksi pihak Rumah Sakit dengan pasien pengguna BPJS dalam pemulihan kesehatan. Kemudian kendala-kendala interaksi sosial antara pihak Rumah sakit Umum Daerah dengan Pasien Pengguna BPJS Kesehatan adalah kendala dalam proses pemeriksaan kesehatan, kendala dalam proses penyembuhan penyakit, dan kendala dalam pemulihan kesehatan. This study aims to understand the social interaction between the Ende Regional General Hospital with patients in health problems for BPJS card users. This research was conducted through a qualitative-descriptive approach. The data was obtained through observation, in-depth interviews with informants, in addition to documentation and study studies References. Determination of the informants was done by purposive sampling. in this case the public BPJS card users and hospitals, namely doctors, nurses and hospital staff. hospitals, namely doctors, nurses and hospital staff. The results of the study show that social interaction between the Regional Public Hospital and Patients using BPJS Health Patients is an interaction Hospital side with patients using BPJS in the process of health examination, interaction between the Hospital and BPJS users in the process of healing the disease, and interaction between the Hospital and patients using BPJS in health recovery. Then the constraints of social interaction between the Regional General Hospital and Patients Users of the Health BPJS are obstacles in the process of health checks, obstacles in the process of healing the disease, and obstacles in health recovery.

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