...and back!
dannyalcatraz said:
That's not a distinction between ethics & legality, that's a distinction between morality and ethics or legality.
http://www.diffen.com/difference/Ethics_vs_Morals
In general, yes, but in this issue, their overlap is so significant so as to be nearly congruent.
Now
that is some fine parsing.
Slightly more seriously, the reason I was using them interchangeably is because ethics and morals largely exist in a continuum; that being that (as I see it) a lot of people take an ethical code of conduct and (unconsciously) adopt it as their own moral code, often with some personal tweaks to it. For example, somehow who takes legal ethics and starts treating them as what's morally right and wrong.
That said, I'll differentiate between the two more clearly from now on.
This is an agreement that was freely entered into, eyes wide open. If you didn't want to abide by the agreement- with all of its potential ramifications- then you should not have entered into the agreement.
The potential for litigation is based in the contract that you signed. If you don't want to abide by this, don't sign the contract.
Again, this speaks not at all to the moral aspect of the question involved. Just because you can do something doesn't mean it's morally sound. This also doesn't speak to litigation brought for non-contractual reasons.
Absolutely nobody has a "right" to sell a commercial product in someone else's store.
The rules were in place: X, Y, and Z would not publish a product that didn't meet their standards, and retailer W wouldn't sell it. That's the free market. You don't like their rules, you find another outlet or produce a different product.
See above. You're ignoring the moral aspect of this, which is what the original question is about. Look at the question of "what
is right?" instead of "what are your legal rights?".
No, that's just a disagreement in which you are exercising your free speech and economic power.
Again, utilizing your "economic power" to squelch the ability of someone else to express themselves in a given venue is an act of censorship. The fact that it's legally protected is meaningless in this context.
An individual or group of private citizens are free to say that they won't do business with a person or organization, and organizations may do likewise. There may be repercussions, of course.
Yes, but what's the moral dimension of that? You don't seem to want to engage with this aspect of the discussion, despite that being what the topic is about.
cadence said:
Thank you for the clarification and sorry. The "just to clarify" was there because that's how I read your last line in light of the Rockstar example and wanted to see if that's what you meant. I should have put something like "I read that as .... Assuming I'm misreading it, help!" instead.
No worries.
I agree with the desirability of focusing on ethics as well as the law (the example of non-compete clauses in some contexts, etc...) and that private enterprises certainly do have a great deal of power over the distribution of creative products (and thus over what products are attempted).
Precisely, and I don't see this being addressed very often. Corporations have the ability to exercise power over the public, and when that power extends to things that we've come to rely on and view as ubiquitous - if not essential, to some degree - then that power approaches that wielded by the government. The difference is that we're used to checks and balances in the government, whereas we champion the lack of such restraints on private enterprises, based around the idea that multiple entities will keep each other in check...something I consider dubious.
In the case of the Rockstar example, is there a particular way you feel the ethical failure occurred? (Systematically in the sense that a few huge companies function as gate keepers - kind of like a few large states in the case of school textbooks; that the distributors opted not to distribute things they disagreed with; that they outsourced the decision making on what was disagreeable; or...?)
For a question like this, I find it helpful to clarify the nature of the particular moral failing we're discussing, and then examine the actions that went into making that happen.
In this case, we're talking about a violation of the moral duty (according to my personal moral framework) of "do not suppress someone else's freedom of creative expression." From a nonconsequentialist standpoint, this is one of the negative duties - the highest tier. It means that this is one of the things that is bad if you do it.
As such, we need to examine just who performed this action. I'm tempted to cite the ESRB here, as they likely knew what the results of their issuing an AO rating would be. However, the point of nonconsequentialism is that it's not concerned with consequences - it's the nature of the action itself that matters. Ergo, the ESRB can't be held accountable for what happened; their action was simply to rate the game as they saw it.
That leaves the companies themselves, and it's here we find the moral fault. Each of them had a policy saying that they were going to suppress a particular instance of free expression, conditional to the rating it was given, because they didn't like it and didn't want to be associated with it. Now, that's entirely legal, but as listed above, it violates the stated moral principle. Ergo, I find that the moral fault is with the big three video game companies.
Also sorry about the colors - cut and pasted something back in that I had accidentally snipped out.
Don't worry about it. I suspect that fewer people are using the classic background these days.
Janx said:
I think this is the danger zone of where some supreme court suits have mis-stepped (thus politics, for which I will try to not cross the line, and speak vaguely and neutrally).
[...]
I could not agree more. Well said.