Friday, December 6, 2019

Samsung ethical dilemma V/S Apple ethical dilemma

Question: Discuss about the Ethical Issues in ICT for Samsung v/s Apple Patent Case. Answer: Introduction ICT stands for Information and Communication Technology and it is a field that has seen some major transformations with times. Expansion and evolution of ICT has been massive and it is because of the same reason that there are many ethical dilemmas and issues that have also emerged along with the same. Some of the major ethical issues in the field of ICT are linked with the properties of information along with social inclusion, Intellectual Property and cyber crimes. There are ethical guidelines and parameters that are defined by every organization and their violation usually results in a significant impact. The document analyzes a case study to further have an idea on the several ethical theories along with their respective guidelines. The case mentioned in the case study has also been evaluated on the basis of ethical theories and the results and comments have been incorporated. Background of the Samsung-Apple Case Study Apple and Samsung are the two biggest names in the world of Smartphone manufacturing. It was in the year 2011 when Apple had lodged a legal case against its prime rival, Samsung on the basis of violation of its Intellectual Property by copying some of the patented features. Incorporation of the features by Samsung that were originally offered exclusively by Apple therefore led to deterioration of the market shares of the latter. The battle between the two giants went on for several years and the final verdict that was presented by the Honorable Supreme Court led to exemption of the charges that were applied by the lower courts on Samsung. There were some patents that were proved to be copied and compensation was asked to be provided to Apple for the losses that it incurred (Balakrishnan, 2016). Ethical Analysis of the Case Theory of Utilitarianism Theory of Utilitarianism is an ethical theory that evaluates a particular act on the basis of benefits and good that it causes to a huge section of people. The greater the good that is caused, the higher is the ethical correctness that is involved. Samsung succeeded in providing some of the patented features of Apple, the sale of products of Apple went down that resulted in the deterioration of revenues for Apple. Also, there was a great unrest among the employees of Apple that further lowered down their productivity levels. The entities that benefitted from the case were the stakeholders at Samsung along with the users that gained an opportunity to have more choices in the market with difference in terms of price (West, 2004). The activity resulted in a great loss for majority of sections and was therefore not justified ethically as per the theory of Utilitarianism (Jacobson, 2008). Theory of Deontology Another extremely relevant theory of ethics is the theory of Deontology in which the ethical correctness is evaluated and justified on the basis of the rules around an activity. There are certain guidelines and rules that are associated with an act and if the act adheres to these rules then it is termed as an ethically correct act on the basis of this particular ethical theory and vice versa. In case of the violation of patents by Samsung, there is an involvement of Intellectual Property. There were many features that originally belonged and were patented by Apple such as slide feature, quick links, syncing with the background, universal search and many more. Video transmission, folder organization and camera organization were some of the patents that were filed by Samsung and it accused Apple of copying all these. As per the regulatory and legal rules, copying of a patented feature or information is a crime and also violation of the Intellectual Property. Apple and Samsung did not s tick to the rules that were defined and violated the patents. Therefore, the case is considered to be ethically inadequate and inaccurate (Friend, 2015). Virtue Ethics Happiness is the major aim in life and the theory of virtue ethics terms an activity as ethically correct if it causes happiness to the parties that are involved (Grcic, 2013). The resources at both the companies wanted their products to have a higher sale in the market and also wanted their respective customers to enjoy and experience newer set of features. There were selfish interests involved in case of Apple and in case of Samsung as well. The activity is therefore termed as ethically inadequate and inaccurate on the basis of the theory of Virtue Ethics (Hursthouse, 2012). The aim of Apple and Samsung along with their respective resources was the happiness of self and the happiness of customers at the sake of loss to the other party. Loss that was caused by the patent infringement to both the parties resulted in the creation of unhappiness and unrest instead of causing benefits to one and all. Theory of Social Contract There are numerous social guidelines and rules that have been defined and these guidelines vary from one community and one section of people to the other (Friend, 2017). ICT comprises of several companies; however, the goal of all the companies is to provide best services to their customers without causing harm to any of the competitor. There would be a lot of harm that would be caused to the firms if they start copying the strategies and abilities of each other. Copying and infringing would also not be correct in terms of the social parameters and guidelines. The activities that were carried out by Samsung and Apple are therefore termed as ethically incorrect. Both the companies caused the violation of the rules and guidelines along with social norms and behavior that is expected out from the responsible entities. It is necessary to stick to the social norms that have been created to make sure that the guidelines and parameters defined by all the parties are met successfully. Conclusion Expansion and evolution of ICT has been massive and it is because of the same reason that there are many ethical dilemmas and issues that have also emerged along with the same. Some of the major ethical issues in the field of ICT are linked with the properties of information along with social inclusion, Intellectual Property and cyber crimes. There are ethical guidelines and parameters that are defined by every organization and their violation usually results in a significant impact. Apple had lodged a legal case against its prime rival, Samsung on the basis of violation of its Intellectual Property by copying some of the patented features. Incorporation of the features by Samsung that were originally offered exclusively by Apple therefore led to deterioration of the market shares of the latter. Samsung on the other hand filed case on Apple on similar charges. The activities that were performed by both these parties were analyzed with the help of several ethical theories such as Virt ue Ethics, Utilitarianism, Deontology and Social Contract. The activities that were performed by Apple and Samsung were evaluated to be ethically wrong and inaccurate as per the respective guidelines around the field of ethics. Infringement of patents and violation of Intellectual Property is an ethical crime that is on an ever increasing pace in the present scenario. The organizations must therefore develop and implement latest security measures to make sure that such issues do not get executed. There shall also be evaluations done by the senior management team to avoid any of the infringement issues. References Balakrishnan, A. (2016). Supreme Court sides with Samsung in Apple patent damages dispute. CNBC. Retrieved 24 April 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 24 April 2017, from https://www.iep.utm.edu/soc-cont/ Grcic, J. (2013). Virtue Theory, Relativism and Survival. Retrieved 24 April 2017, from https://www.ijssh.org/papers/273-C10018.pdf Hursthouse, R. (2012). Virtue Ethics and Human Nature. Retrieved 24 April 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 24 April 2017, from https://www.pgrim.org/philosophersannual/pa28articles/jacobson.pdf Nill, M. (2015). Deontology. Retrieved 24 April 2017, from https://cw.routledge.com/ref/ethics/entries/deontology.pdf West, H. (2004). An Introduction to Mills Utilitarian Ethics. Retrieved 24 April 2017, from https://assets.cambridge.org/97805218/28321/sample/9780521828321ws.pdf

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