Bhal and Leekha (2008)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Bhal and Leekha (2008)
Title: Exploring cognitive moral logics using grounded theory: The case of software piracy
Author(s): Bhal, K.T., Leekha, N.D.
Year: 2008
Citation: BHAL, K. T. and LEEKHA, N. D. 2008. Exploring cognitive moral logics using grounded theory: The case of software piracy. Journal of Business Ethics, 81, 635-646.
Link(s): Definitive
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Cross Country Study?: No
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Literature review?: No
Government or policy study?: No
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Abstract

"The article reports findings of a study conducted to explore the cognitive moral logics used for considering software piracy as ethical or unethical. Since the objective was to elicit the moral logics from the respondents, semi-structured in-depth interviews of 38 software professionals of India were conducted. The content of the interviews was analyzed using the grounded theory framework which does not begin with constructs and their interlinkages and then seek proof; instead it begins with an area of study and allows them to emerge from that area of study. Given the objective of exploring moral logics, grounded theory seemed an appropriate choice. Results revealed that 21 respondents considered software piracy unethical whereas 17 did not. Though economic reasons formed the most fundamental logic in both the cases, an overall analysis revealed that the respondents mostly used moral justification (neutralization) for not considering software piracy unethical whereas those considering it unethical used normative (principled) logics. The interconnections among logics are analyzed and results are discussed along with the limitations of the study."

Main Results of the Study

Results revealed that 21 respondents considered software piracy unethical whereas 17 did not. Though economic reasons formed the most fundamental logic in both the cases, an overall analysis revealed that the respondents mostly used moral justification (neutralization) for not considering software piracy unethical whereas those considering it unethical used normative (principled) logics.

Policy Implications as Stated By Author

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 38
Level of aggregation: Software professionals
Period of material under study: 2007