Legal and ethical issues
The case study provides legal and ethical issues in relation to the intellectual property particularly the copyright laws. Copyrights are aimed at protecting the initial expression of an idea one when it was already put in its very tangible form. However, it must be noted that it only protects the idea-expression rather than the idea itself. In this case, Ralph assumed the role of the copyright owner and reproduced the work for how new company, or rather created derivative works from the original work. This is not only unethical but also illegal. It could have been ethical enough if Ralph would have sought the permission of the copyright owner (Joyce et al, 2016). However, it must be noted that copyrights expire after some time to offer a balance between encouraging the IP creation and putting the IP in the public domain for free use and ultimate development. Therefore, Ralph and the new company may defend themselves on the assumption that the copyright had already expired.
Copyright laws and ignorance
There have been questions on whether being a good person and not having enough knowledge in relation to Copyright Laws an exception in facing the legal consequences. Personally, I feel that there should be no excuse since ignorance has no excuse to avoid following the law. It is important for the new employees to gather information within the office from their colleagues as this will let them understand what is expected of them. It is the responsibility of the employee to learn much about copyright laws before getting involved in designing new products into the firm (Joyce et al, 2016). More importantly, the employee could have confirmed with the seniors in the firm if a product that he had designed and used in a previous firm can be used again in his new workplace. He should, therefore , be prosecuted and charged to serve as an example to new employees who never take keen interests not only of copyright laws but on consulting with the relevant people within the frim.
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Moral imagination alternatives
There are alternatives to this case that could have helped in solving the situation. The first alternative would involve modifying the code to be quite different from the one used by the former Ralph’s employee. Making such modifications will, therefore , mean that it is a new code protected by copyright laws, original and derivative. Another option would involve contacting the owner of the code who had invented it in Ralph’s previous workplace. His permission would mean that the company can use code. Moreover, the code can be purchased from the owner at an agreed amount. These are some of the alternatives that the company has in relation to the copyrights.
The necessary new policies
The manager in the case study has learned a lesson, and there is a need for the creation of new policies so as to ensure the prevention of such mistakes in the future. In an effort to prevent such situations from happening again, the firm should come up with policies such as having a mandatory training for all the new employees into the firm to induct them on their duties, responsibilities and copyright laws. This will offer an opportunity for the employees to learn much about the copyright laws and reduce the ignorance that may be evident in them at the time of employment. Basically, the training should serve the purpose of explaining fair use in using someone’s content and the factors to be taken into consideration before such a decision is arrived at. Secondly, there should be a policy that establishes a proper protocol for the consequences on the employees who have broken the copyright laws within the firm. Such punishment protocols for the employees will push them into trying to give their very best into the company without having to break the copyright laws. The employees must be made to understand the impacts of copyright on the content in all formats. This must be clearly clarified during the induction of the employees (Miletzeki & Broten, 2017). More importantly, there will be fewer mistakes from the employees. Lastly, there should be a policy that checks the handbooks of the employees in ensuring that all the expectations of the employees are clearly defined and met. This should tackle the handling of copyright infringement, and employees must be advised and encouraged to do the right thing, for instance, they realize infringement within the organization
References
Miletzki, J., & Broten, N. (2017). Development As Freedom . Macat Library .
Joyce, C., Ochoa, T. T., Carroll, M. W., Leaffer, M. A., & Jaszi, P. (2016). Copyright Law (p. 85). Carolina Academic Press.
