PurposeThe paper suggests overcoming the polarization of today's debate on peer‐to‐peer systems by defining a fair balance between the principle of precaution and the principle of openness. Threats arising from these file sharing applications‐systems should not be a pretext to limit freedom of research, speech or the right “freely to participate in the cultural life of the community”, as granted by the Universal Declaration of Human Rights from 1948. The paper aims to take sides in today's debate.Design/methodology/approachThe paper adopts an (...) interdisciplinary approach, including network theory, law and ethics. The method draws on both theoretical and empirical material so as to stress the paradox of the principle of precaution applied to P2P systems and why the burden of proof should fall on the party proposing that one refrain from action.FindingsCensors and opponents of P2P systems who propose to apply the principle of precaution to this case deny the premise upon which that principle rests. “Levels of evidence” required by the precautionary principle show that – in many cases in which the outcomes of technology are ignored – another principle is needed for orienting action, namely, the principle of openness.Social implicationsAlarm about how P2P systems undermine crucial elements of the societies often led to the ban of this technology. The paper illustrates why it should not be the case: rather than shutting these networks down, they should be further developed.Originality/valueThe paper provides the comprehensive picture of a far too often fragmented debate. (shrink)

This article extends current theorizations of the ethics of the commons by drawing on feminist thought to propose a relational embodied ethics of the commons. Departing from abstract ethical principles, the proposed ethical theory reconsiders commoning as a process emerging through social actors’ embodied interactions, resulting in the development of an ethics that accounts for their shared corporeal concerns. Such theorizing allows for inclusive alternative forms of organizing, while offering the ethical and political possibility of countering forms of economic competition (...) and addressing the issues of viability that have long bedeviled commoning practices. This, we suggest, is achieved in the context of social organizing processes whereby social actors are able to reproduce their resource systems and communities based on recognition of their actual corporeal vulnerabilities, which drives reciprocity and embodied relationality with the other. (shrink)

Purpose – The purpose of this paper is to consider arguments both for and against intellectual property rights that are premised on each of two conceptions of the information commons that attributes either moral value or disvalue to its preservation. Design/methodology/approach – The methodology is the philosophically standard one of reflective equilibrium. The author considers the argument for a morally protected information commons that is grounded in Locke's famous proviso limiting original acquisition of material property to situations that leave enough (...) of the resource to others and Hardin's famous argument that holding material property in common leads to overuse and depletion – a Tragedy of the commons. In particular, the arguments are evaluated according to whether they cohere with ordinary foundational commitments. Findings – The author argues that neither conception of the commons is directly applicable to information objects and hence is relevant with respect to the issue of whether legal protection of IP rights is morally justified. Originality/value – The identification of key differences between material objects and information objects that shows the irrelevance of these two leading conceptions in resolving the general issue of whether legal protection of IP rights is justified. (shrink)

En los últimos años la «Ética de la Información» ha llegado a tener sentidos distintos para los distintos investigadores que trabajan en una amplia variedad de disciplinas. Esta situación es lamentable, ya que ha producido cierta confusión sobre la naturaleza específica y el alcance de la EI. En el presente artículo se defiende una Ética de la Información que sostiene que el comportamiento y el estatus de los objetos informacionales qua objetos informacionales puede tener un significado moral que vaya más (...) allá de la función instrumental que les atribuyen otras perspectivas éticas y que, por lo tanto, mantiene que pueden contribuir a determinar de manera normativa los deberes éticos y los derechos legalmente exigibles. (shrink)

In recent years, “Information Ethics” (IE) has come to mean different things to different researchers working in a variety of disciplines, including computer ethics, business ethics, medical ethics, computer science, the philosophy of information, social epistemology and library and information science. Using an ontocentric approach, this paper seeks to define the parameters of IE and thereby increase our understanding of the moral challenges associated with Information Communication Technologies.

The phenomenon of distributed knowledge is well-known in epistemic logic. In this paper, a similar phenomenon in ethics, somewhat neglected so far, is investigated, namely distributed morality. The article explains the nature of distributed morality, as a feature of moral agency, and explores the implications of its occurrence in advanced information societies. In the course of the analysis, the concept of infraethics is introduced, in order to refer to the ensemble of moral enablers, which, although morally neutral per se, can (...) significantly facilitate or hinder both positive and negative moral behaviours. (shrink)

The development of access rights as, perhaps, a replacement for copyright in digital rights management (DRM) systems, draws our attention to the importance of ‚the balance problem’ between information industries and the individual user. The nature of just what this ‚balance’ is, is often mentioned in copyright writings and judgments, but is rarely discussed. In this paper I focus upon elucidating the idea of balance in intellectual property and propose that the balance concept is not only the most feasible way (...) to examine whether past solutions to copyright problems are fair, but it also provides the ability to predict what will be the better solution for all affected parties. Based upon an envy-free contribution towards predicting the efficient balance, game theory is applied in a novel manner to the DRM problem to infer where and what might be the optimal balance in the debate over the nature of access right. (shrink)

This paper may be read as a sequel of a 1995 paper, published in this journal, in which I predicted what sort of transformations and problems were likely to affect the development of the Internet and our system of organised knowledge in the medium term. In this second attempt, I look at the future developments of Information and Communication Technologies and try to guess what their impact on our lives will be. The forecast is that, in information societies, the threshold (...) between online and offline will soon disappear, and that once there won't be any difference, we shall become not cyborgs but rather inforgs, i.e. connected informational organisms. (shrink)

The concept of distributed moral responsibility (DMR) has a long history. When it is understood as being entirely reducible to the sum of (some) human, individual and already morally loaded actions, then the allocation of DMR, and hence of praise and reward or blame and punishment, may be pragmatically difficult, but not conceptually problematic. However, in distributed environments, it is increasingly possible that a network of agents, some human, some artificial (e.g. a program) and some hybrid (e.g. a group of (...) people working as a team thanks to a software platform), may cause distributed moral actions (DMAs). These are morally good or evil (i.e. morally loaded) actions caused by local interactions that are in themselves neither good nor evil (morally neutral). In this article, I analyse DMRs that are due to DMAs, and argue in favour of the allocation, by default and overridably, of full moral responsibility (faultless responsibility) to all the nodes/agents in the network causally relevant for bringing about the DMA in question, independently of intentionality. The mechanism proposed is inspired by, and adapts, three concepts: back propagation from network theory, strict liability from jurisprudence and common knowledge from epistemic logic. (shrink)