Discuss about the Ethical Issues in ICT : Samsung V/S Apple.
Information and Communication Technology (ICT) has witnessed a massive growth in the past few years. With the increase in use and application of ICT, there has also been a rise in the ethical issues and dilemmas that have emerged with the same. There are a number of ethical issues in ICT that are observed in the present times such as the ones associated with Privacy, Security, Intellectual Property, Social Inclusion, Cyber Crime, Professionalism and many others. With the violation of these ethical parameters, there are often significant impacts that have been observed that result in adverse consequences for all the parties that are involved. The ultimate result that comes out with the ethical violation associated with the ICT organizations and activities include the legal obligations for the involved parties.There are various theories of ethics that have been defined and the same have been applied to the case study that has been studied for the report.
The case study involves the analysis of patent infringement issue that cropped up between two of the biggest giants of the Smartphone manufacturing industry viz. Apple and Samsung. Apple had filed a case of patent infringement against Samsung in the early 2011 and accused the latter of copying some of its patented features which resulted in the decrease of the market shares of the former. Samsung in return denied the accusations made by Apple and accused the latter of infringing some of its patented features. Both the parties had made a lot many claims in association with the infringement of the patents that took place and these claims primarily included compensation for the loss and the application of the penalties at the other party. In the final verdict that has been provided by the Honorable Supreme Court, Samsung has been freed from the charges that were levied as per the order of the lower courts (Balakrishnan, 2016).
As per the ethical theory of Utilitarianism, an act is considered to be ethical correct if it provides a great amount of good for a larger section of people and vice versa. In the spat between Apple and Samsung, there was a great loss that was being incurred by the employees of the organizations due to the drop in sales and also to the management and owners of the organizations as well. With the increase in the market of Samsung, Apple witnessed a massive downfall in the sale of its iPhones and iPads. However, on the other hand, the customers were able to have more options in the market at variable rates (West, 2004). As per this ethical theory, the infringement activity that was executed was ethically incorrect since it did a considerable damage to a lot many people and groups (Jacobson, 2008).
The ethical theory of Deontology states that an act is considered to be ethically correct or incorrect on the basis of the adherence to the rules that define the same. The ethical correctness and the level of adherence to the rules and policies go hand in hand and are directly proportional to each other. There are various regulatory and legal policies that have been created in association with patent infringement and Intellectual Property along with that of privacy and security of the information associated with an organization. Apple had accused Samsung of infringing its patents such as Quick Links, unlocking the device with the slide capability, automatic word correction, and background syncing along with universal search. Samsung on the other hand had accused Apple of its patented features such as organization of camera and folders along with the transmission of videos. The infringement of the patented features and services is considered to be a legal offence as per the rules that define the same. Also, it provides the victim with the ability to file a law suit in the court to receive applicable justice. There has been violation of rules and policies from both the parties as there were patent infringements done at both ends. As per the ethical theory of Deontology, the activities done by Samsung as well as Apple were ethically incorrect. Since, there were higher number of patent violations done by Samsung; the ethical incorrectness of the same is higher in comparison with the other party involved (Friend, 2015).
Virtue Ethics is an ethical theory that evaluates an activity to be ethically correct or incorrect on the basis of the morals and virtues that are associated with the same. As per this theory, it is believed that the happiness is the greatest good and aim of every individual and group (Grcic, 2013). An activity that allows an individual to spread happiness to self and others is considered to be ethically correct as per this theory. In the case of patent infringement that occurred between Samsung and Apple, the primary aim of both the parties was to provide the best in-class services to their customers along with the increase in the profits and market shares for the respective organizations. However, there were selfish interests present at both the ends. The morals that was associated in the infringement of the patented features by Samsung as well as Apple were not correct since it involved the loss of the other party at the cost of the profit of own organization. The activities therefore are evaluated to be ethically incorrect as per the ethical theory of Virtue Ethics (Hursthouse, 2012).
Ethical theory of social contract states that the ethical correctness of an act can be evaluated on the basis of the social contracts or agreements that are created in association with the obligations and morals of the individual which are primarily dependent and regulated by these contracts. The social contract may vary from one society or community to the other as per the terms of agreement that are defined (Friend, 2017). The case of patent infringement between Samsung and Apple is associated with the world of ICT and there are a number of social contracts that are created and implemented in the same. The first and the foremost of all is that the companies shall work towards providing the best services to their customers and employees by making sure that they do not violate the privacy and security of any entity directly or indirectly involved. Also, if companies start infringing the features ad services of each other, the same would cause a great harm to the harmony of the society. There would be a loss to the organizations that are involved along with the customers and the entire market as well. Looking at all of these arguments, it can be evaluated that the activities that were performed by Samsung and Apple were not correct in terms of their ethical correctness and values.
Conclusion
The world of ICT is rules by a number of rules, regulations and legal policies. Along with the legal formalities, ethics and professional code of conduct also play a significant role in the world of ICT. However, in spite of the ethical standards that have been clearly defined along with the codes of conduct that have also been circulated among the organizations, there are frequent ethical violations and dilemmas that are observed. One such case was the legal spat between two of the market giants as Apple and Samsung. The case has been analyzed as per a number of different theories of ethics and the principles that define the same. The ethical theories that have been used to analyze and understand the case in a better manner are the theory of Utilitarianism, Virtue Ethics, and ethical theory of Deontology along with the ethical theory of social contract. The final conclusion that has resulted out after the evaluation of case on the basis of the principles of each of these theories is that the activities that were executed at the end of Samsung and Apple that included the infringement of the patented features of one another was ethically incorrect. The observation and evaluation stands true as per all the four theories of ethics. It was essential for both the parties to have followed the ethical standards and practices that have been defined along with the adherence to the legal policies, regulatory policies and codes of conduct that have been defined to maintain the ethical correctness of the activities that are performed.
References
Balakrishnan, A. (2016). Supreme Court sides with Samsung in Apple patent damages dispute. CNBC. Retrieved 16 January 2017, from https://www.cnbc.com/2016/12/06/supreme-court-rules-for-samsung-in-apple-patent-case.html
Friend, C. (2017). Social Contract Theory | Internet Encyclopedia of Philosophy. Iep.utm.edu. Retrieved 16 January 2017, from https://www.iep.utm.edu/soc-cont/
Grcic, J. (2013). Virtue Theory, Relativism and Survival. Retrieved 16 January 2017, from https://www.ijssh.org/papers/273-C10018.pdf
Hursthouse, R. (2012). Virtue Ethics and Human Nature. Retrieved 16 January 2017, from https://www.humesociety.org/hs/issues/v25n1-2/hursthouse/hursthouse-v25n1-2.pdf
Jacobson, D. (2008). Utilitarianism without Consequentialism: The Case of John Stuart Mill. Retrieved 16 January 2017, from https://www.pgrim.org/philosophersannual/pa28articles/jacobson.pdf
Nill, M. (2015). Deontology. Retrieved 16 January 2017, from https://cw.routledge.com/ref/ethics/entries/deontology.pdf
West, H. (2004). An Introduction to Mill’s Utilitarian Ethics. Retrieved 16 January 2017, from https://assets.cambridge.org/97805218/28321/sample/9780521828321ws.pdf
Essay Writing Service Features
Our Experience
No matter how complex your assignment is, we can find the right professional for your specific task. Contact Essay is an essay writing company that hires only the smartest minds to help you with your projects. Our expertise allows us to provide students with high-quality academic writing, editing & proofreading services.
Free Features
Free revision policy
$10Free bibliography & reference
$8Free title page
$8Free formatting
$8How Our Essay Writing Service Works
First, you will need to complete an order form. It's not difficult but, in case there is anything you find not to be clear, you may always call us so that we can guide you through it. On the order form, you will need to include some basic information concerning your order: subject, topic, number of pages, etc. We also encourage our clients to upload any relevant information or sources that will help.
Complete the order form
Once we have all the information and instructions that we need, we select the most suitable writer for your assignment. While everything seems to be clear, the writer, who has complete knowledge of the subject, may need clarification from you. It is at that point that you would receive a call or email from us.
Writer’s assignment
As soon as the writer has finished, it will be delivered both to the website and to your email address so that you will not miss it. If your deadline is close at hand, we will place a call to you to make sure that you receive the paper on time.
Completing the order and download