Ethics: March 2008 Archive Page

Blackboard, a company that sells popular course-management software, recently won a $3.1 settlement against Desire2Learn.  According to Slashdot,

Blackboard has been granted a patent that covers a single person having multiple roles in an LMS: for example, a TA might be a student in one class and an instructor in another. You wouldn't think something this obvious could even be patented, but so far it's been a very effective weapon for Blackboard, badly hurting Desire2Learn and generating a huge amount of worry for the few remaining commercial LMSs that Blackboard has not already bought, and open source solutions such as Moodle (Blackboard's pledge not to attack such providers notwithstanding)."

However, according to Desire2Learn,

On March 25, the U.S. Patent & Trademark Office issued its Non-Final Action on the re-examination of the Blackboard Patent. We are studying the document, found here, but in short, the PTO has rejected all 44 of Blackboard's claims.

At a workshop next week at the 4Cs, I'm presenting a half-hour on intellectual property and ethics, in an attempt to get users of off-the-shelf course management tools to think about what it means when they give an outside corporation so much control over the content of their courses.  (I'm guilty of this, too, since I use Turnitin.com a lot, so my intention is not to scold but rather raise questions; Mike Edwards will then introduce some open-source alternatives to commercial software.)

Here's a "glass is half full" headline that makes me proud to work at Seton HIll:

Seton Hill U Students Step In, Help Officer Being Attacked By Man

Here's a "glass is half empty" headline that makes me go "oops":

Seton Hill student turns Taser on Greensburg police officer

Here's a more neutral headline that went out on the state news wire:

Westmoreland Co. university student turns Taser on police officer

Here's what seems to be a mistake:

According to the news accounts I've read, Spisak was the one who assaulted the officer, so I don't know why this image has the label "victim."

New to me... disemvoweling: a compromise between preserving free speech and letting trolls take over a public online forum.

In the fields of Internet discussion and forum moderation, disemvoweling, (also spelled disemvowelling) which appears to model the word disemboweling, is the removal of vowels from text either as a method of self-censorship (for example, either "G*d" or "G-d" for those whose religious beliefs preclude writing God in full), or as a technique by forum moderators to censor unwanted posting, such as spam, internet trolling or political opinions.^[1] The net effect of disemvoweling text is to render it illegible or legible only through significant cognitive effort, thus suppressing unwanted comments and discouraging such comments from being made in future.

From Orwell's 1984, which I'm teaching today in my History and Future of the Book class. This is an excerpt from the book-within-the-book, purportedly written by Emmanuel Goldstein.

By comparison with an existing today, all the tyrannies of the past or halfhearted and inefficient.  The ruling groups were always infected to some extent by liberal ideas, and were content to leave loose ends everywhere, to regard only the overt act, and to be uninterested in what their subjects were thinking.   Even the Catholic Church of the Middle Ages was tolerant by modern standards.  Part of the reason for this was that in the past no government had the power to keep its citizens under constant surveillance.  The invention of print, however, made it easier to manipulate public opinion, and the film and the radio carried the process further.  With the development of television, and the technical advance which made it possible to receive and transmit simultaneously on the same instrument, private life came to an end.  Every citizen, or least every citizen important enough to be worth watching, could be kept for twenty-four hours a day under the eyes of the police and in the sound of official propaganda, with all other channels of communication closed.  The possibility of enforcing not only complete obedience to the will of the State, but complete uniformity of opinion on all subjects, notice did for the first time.

I find this passage intriguing, in part because the printing press is usually seen as a tool that created an intellectual tradition (by fulfilling and extending an economic and social demand for the mass production of accurate, authoritative texts) rather than the first step in a process by which the control of the means of production shapes the thoughts of the consumers.  This passage points out the invention of the two-way telescreen as the tipping point, because in this vision the means for broadcasting over telescreens is not distributed to the masses. Even in his office, Winston Smith does not communicate by telephone, only via paper orders sent through peneumatic tubes.

If we have time, I'll introduce the students to a little bit of Michel Foucault.

For my "History and Future of the Book" course, I've been using a Kindle that my university library purchased on my request. Gizmodo has a good article on the digital rights associated with Kindle e-books.

In the fine print that you "agree" to, Amazon and Sony say you just get a license to the e-books--you're not paying to own 'em, in spite of the use of the term "buy." Digital retailers say that the first sale doctrine--which would let you hawk your old Harry Potter hardcovers on eBay--no longer applies. Your license to read the book is unlimited, though--so even if Amazon or Sony changed technologies, dropped the biz or just got mad at you, they legally couldn't take away your purchases. Still, it's a license you can't sell.

But is this claim legal? Our Columbia friends suggest that just because Sony or Amazon call it a license, that doesn't make it so. "That's a factual question determined by courts," say our legal brainiacs. "Even if a publisher calls it a license, if the transaction actually looks more like a sale, users will retain their right to resell the copy." Score one for the home team.

BoingBoing links to an interesting story about time travel and a self-policing community of time-travelers (modeled on a Wiki community).

11/21/2104
At 02:21:30, SneakyPete wrote:
Vienna, 1907: after numerous attempts, have infiltrated the Academy of Fine Arts and facilitated Adolf Hitler's admission to that institution. Goodbye, Hitler the dictator; hello, Hitler the modestly successful landscape artist! Brought back a few of his paintings as well, any buyers?

At 02:29:17, SilverFox316 wrote:
All right; that's it. Having just returned from 1907 Vienna where I secured the expulsion of Hitler from the Academy by means of an elaborate prank involving the Prefect, a goat, and a substantial quantity of olive oil, I now turn my attention to our newer brethren, who, despite rules to the contrary, seem to have no intention of reading Bulletin 1147 (nor its Addendum, Alternate Means of Subverting the Hitlerian Destiny, and here I'm looking at you, SneakyPete). Permit me to sum it up and save you the trouble: no Hitler means no Third Reich, no World War II, no rocketry programs, no electronics, no computers, no time travel. Get the picture?

At 02:29:49, SilverFox316 wrote:
PS to SneakyPete: your Hitler paintings aren't worth anything, schmuck, since you probably brought them directly here from 1907, which means the paint's still fresh. Freaking n00b.

At 07:55:03, BarracksRoomLawyer wrote:
Amen, SilverFox316. Although, point of order, issues relating to early 1900s Vienna should really go in that forum, not here. This has been a recurring problem on this forum.

So I'm sitting at Julie's place, right, having some rather delicious cherry M&Ms (which my momma could alphabetize in her belly!), when she pops up this blog by Dennis Jerz wherein I spy this quote, in response to Jeff Rice:

So students who can only remix don't get practice thinking critically about culture -- and it's certainly possible to recognize remix culture and design assignments that ask them to think critically about it, without rejecting it out of hand as plagiarism.

I hate to take up the position of the Jeopardy judge and simply say "bzzzzzz, wrong!" but... that's just wrong.

And I don't mean to hurl an insult at Dr. Jerz, but... this is a case of looking in at something from the outside (I would assume, based on the admission later in the post that Jerz knows little about music) attempting to critique something without ever getting the insider's perspective.

I would argue the exact opposite of the first portion of the quote (before the dash). But let's also be realistic; if Jerz has encountered, or thinks he will encounter, a student who can only remix, he's failed to keep track of public high schools in America.

Where to start with this one?  The "about" page says "Who am I? I'm just a guy. I've got a story like everyone."   The author claims to be "someone who spent four years teaching--and three prior to that as a TA/writing tutor--at an open admissions college" but that doesn't really help me figure out whether I am writing to a grad student who is struggling to figure out the professional landscape, a very bright undergraduate who could use some gentle instruction in tone and focus, or a professional college instructor who should know better.

Here is the comment I posted...

"that's just wrong."

Could you clarify what part of my statement you mean? Are you reacting against the part where I say "students who can only remix don't get practice thinking critically about culture," or the part where I say that it *is* possible to design remix assignments that ask them to think critically?

"And I don't mean to hurl an insult at Dr. Jerz, but..."

Let's have a conversation instead, shall we?

"he's failed to keep track of public high schools in America. Every student who makes it through that system with any success--meaning 95% of our trad students--will know how to write a five paragraph essay."

I regularly teach freshman who are fresh out of high school, and I know for a fact they can't all write a five-paragraph essay -- because if they could, they would not be in my "Basic Composition" class, they would all be in "Seminar in Thinking and Writing" (I think about a third of our students skip Basic Comp, not 95%). Perhaps the public schools where you are are much better than those where I am, or perhaps we simply disagree over what level of writing counts as acceptable. Regardless, I applaud any effort to break students out of the high-school five-paragraph-essay box, and I won't dismiss your conclusions as "wrong" simply because the experiences that inform them differ from mine.  I will, instead, ask you to clarify.

For the record, here is the thesis of my blog entry:

"It's true that one's own ideas only come after one has filtered through many other ideas. I think the problem I see in the classroom is that students find it difficult to trace details back to the source."

And here is the conclusion:

"I certainly don't feel that students should never, ever remix -- but if we graduate students who can ONLY remix, and have never been forced to trace an idea back to its source and critique its validity, but instead settle for riffing on it and referencing "www.somehomepage.com" as one of a handful of "Works Consulted," then we are doing them -- and our culture at large -- a great disservice."

Your defense of remix culture is a very good example of the thinking that makes me shake my head. I am not writing against remix; I am writing about a willingness to settle for the creative expressions of personal reactions to a text, without demonstrating the ability and willingness to explore those ideas more fully.

Before I go any farther, let me first state that I recognize that a blog entry is not the same thing as an academic paper. The rhetoric of blogs is rougher, and sometimes the invitation to rumble is what motivates us to post our ideas online.

And I also note that in the remix culture, creating and publishing that initial response can take on the role of the discovery draft, sparking conversations that help the student develop a more accurate, more thorough, more nuanced understanding of an issue.

I'm responding because "What's with the Remix Disrespect" does not merely engage with my ideas; it makes several global statements about my competence, both directly and implicitly, which I find personally distressing. This entry presumes to judge my whole career based on what I wrote in this single blog entry from 2004. It assumes a superior rhetorical stance -- first dismissing the idea of being a game-show judge, then promptly performing exactly that role; then rejecting the idea of hurling an insult, and promptly doing just that.

I find it interesting that in one passage where, instead of taking on the persona of an expert, I prefaced a statement about music by citing my source (since I can't rely on personal knowledge of what classical composers do when they quote each other), that detail surfaces in your blog as evidence of the claim that I am a cultural outsider who can't understand remix culture (which, as you know, involves far more than music).

So... my critique of the remix culture lies specifically in the convention that assumes the author's personal expression of reactions can substitute for investigating the issue.

If you would like to get a greater understanding of my attitude towards the remix culture, I invite you to search my blog for terms such as "remix," "open source," or "modding." I invite you to sample my own remix of Teletubbies and gothic poetry) or some of my found poetry exercises (poems comprised of lines taken from student blogs), or this blogger's account of a 2007 CCCC panel I co-organized, "When Student Experts Remix the Discipline: New Media in the Composition Classroom," or some of my recent articles on the blogosphere, video game history. You might also look at the websites for the courses I teach in Video Game Culture and Theory, or "The History and Future of the Book" or the 400-level studio course I teach in "New Media Projects," or the student work that you'll find via links on those sites.

While your entry refers to "a terrible fear of plagiarism," please note that my blog entry only mentions plagiarism once, in a sentence stating that remix is *not* the same thing as plagiarism -- thus, my only reference to plagiarism *agrees* with your position.

Were I writing this entry today, after four more years of watching the impact of the remix culture, I would not have written "students who can only remix don't get practice thinking critically about culture." I would have said something about how a student who remixes *well* has to understand the raw material, so a good course built around remix will have to include analysis and fact-checking.

How broadcast journalism is flawed in such a fundamental way that its utility as a tool for informing viewers is almost nil. (Steve Salerno, Skeptic)

The mythical Red State/Blue State paradigm is just one of the more telling indications of a general disability the media exhibit in working with data. A cluster of random events does not a "disturbing new trend!" make -- but that doesn't stop journalists from finding patterns in happenstance. Take lightning. It kills with an eerie predictability: about 66 Americans every year. Now, lightning could kill those 66 people more or less evenly all spring and summer, or it could, in theory, kill the lot of them on one really scary Sunday in May. But the scary Sunday in May wouldn't necessarily mean we're going to have a year in which lightning kills 79,000 people. (No more than if it killed a half-dozen people named Johanssen on that Sunday would it mean that lightning is suddenly targeting Swedes.) Yet you can bet that if any half-dozen people are killed by lightning one Sunday, you'll soon see a special report along the lines of, LIGHTNING: IS IT OUT TO GET US?

The Tribune Review published this story about an incident at my local library.

The director of the Greensburg Hempfield Area Library was injured Wednesday afternoon while blocking a married couple who allegedly tried to steal a Christmas novel.

[...]

Muccari said he was near the entrance for the 4:22 p.m. incident because he was posting tax forms on a bulletin board by the metal detector when the alarm went off as Jennifer Cook walked through.

He determined that a book in her bag was her own, but discovered that she was concealing a copy of "Finding Noel" in the front pocket of her hooded sweatshirt.

"She said, 'I wasn't trying to steal it,' and I said, 'Oh really?' " Muccari said.

When Muccari asked a clerk to call police, Jennifer Cook offered up the book, said she had to be someplace and asked him to cancel the police call, Muccari said.

Although David Cook initially claimed not to know about the attempted theft, he pushed Muccari as the couple tried to flee, police Capt. George Seranko said.

Police were able to identify the Cooks because the man left behind his wallet and the woman left behind a broken, silver necklace with a charm bearing the name "Jennifer." Police have been unable to locate the couple.

I love the details the reporter puts into the story, such as the quote from the judge who married the Cooks.  I looked up the opening of "Finding Noel" on Amazon, and found this:

When I was a boy, my mother told me that everyone comes into our lives for a reason. I'm not sure I believe that's true. The thought of God weaving millions of lives together into a grand human tapestry seems a bit fatalistic to me. Still, as I look back at my life, there seem to be times when such divinity is apparent.... Of course such a theory carried to the extreme would mean that God sabotaged my car that night because, had my car's timing belt not broken at that precise moment, this story never would have happened. But it did, and my life was forever changed. Perhaps my mother was right. If God can align the planets, maybe He can do the same for our lives.

Maybe the Cooks should have thought about that before their little encounter with Muccari.

According to Bloomberg, the Vatican has announced a new list of "social sins." Consistent with much of the church's social teachings in the modern age, the list is an interesting mix of traditionally conservative and traditionally liberal ideas.  It seems to me that 6 and 7 are already contained in 5, but the Bloomberg article didn't link to any further readings  in English.

1. ``Bioethical' violations such as birth control

2. ``Morally dubious'' experiments such as stem cell research

3. Drug abuse

4. Polluting the environment

5. Contributing to widening divide between rich and poor

6. Excessive wealth

7. Creating poverty

Lindsay Waters, Inside Higher Ed:

[T]he first step to re-establishing the essay as the standard in humanistic writing is to reinvigorate the sentences we write, so that, when one reads an essay, one feels it. One feels it the way one tastes -- and here I'm going global -- a good curry. It really sets you back. Or maybe forward. Style, maniera, modo is what we readers demand. The humanists of the Renaissance knew the Romans had the ability to put sentences that had concinnitas, but that their ancestors in what we call the Middle Ages had lost that ability. When the Ancients constructed the Arch of Constantine, it stayed together for centuries, even though neglected. Concinnity -- what a splendid word!

It seems to me that when bad styling of sentences became accepted, we got used to it. We compensated for the lack of quality and impact of the sentences that people wrote as evidence of their scholarly abilities by asking them for more of them in the hopes we could get the same buzz going that we used to get from fewer sentences. Last year I ran a panel at the Modern Language Association on "Slow Reading," and today I'm advocating slow writing. Editors are in the position to make this change take place.

Times Online:

In December 2005 a study in the journal Nature offered the observation that the circulation in the North Atlantic Ocean, which sustains the Gulf Stream, had weakened by up to 30 per cent over the previous few decades. This figure and its juxtapositioning alongside the melodrama of films such as The Day after Tomorrow were amplified through the cooperation of scientists and media to result in headlines such as "Alarm over dramatic weakening of Gulf Stream" ( The Guardian, Dec 1, 2005). The urban myth that emerged from this episode was that we were closer to a mini Ice Age in the UK than had previously been thought. Eighteen months later, however, and unremarked by the media, two studies in equally reputable journals pointed out that such a trend was within the range of natural variability and may signify nothing at all.

A second example concerns the claim that, "by the end of this century, climate change will have killed around 182 million people in sub-Saharan Africa" (Christian Aid, May 2006). This number - 180 million African dead - has become one of the most widely cited numbers in the litany of doom that accompanies talk of climate change. In this case, however, the number 180 million was sexed-up science. Christian Aid took the worst-case climate scenario, the highest population scenario and the scenario with the least public health intervention and conjured the number into being. And here it has stayed, a number detached from its receding scientific origins in which assumptions were overlain on scenarios that captured uncertainties.

So... according to the headline, we should only *sometimes* accept exaggerated and bogus numbers as scientific fact?

Toronto Star:

Avenir said he joined the Facebook group last fall to get help with some of the questions the professor would give students to do online. As the network grew, he took over as its administrator, which is why he believes he alone has been charged.

"So we each would be given chemistry questions and if we were having trouble, we'd post the question and say: `Does anyone get how to do this one? I didn't get it right and I don't know what I'm doing wrong.' Exactly what we would say to each other if we were sitting in the Dungeon," said Avenir yesterday.

He is still attending classes pending his hearing but admits the stress of the accusations is affecting his midterm exam results.

"But if this kind of help is cheating, then so is tutoring and all the mentoring programs the university runs and the discussions we do in tutorials," he said.

This is silly. The university should instead invest its resources on educating faculty about the collaborative learning strategies of today's students, who live in a a very different environment and have different strengths and weaknesses than undergraduates of previous generations. Does Avenir's university have an online tutoring center staffed by grad students who are available to answer questions on weekends and evenings, when undergraduates are likely to be doing their work?

I am regularly amazed at the hive culture students create for themselves, but I've been impressed at the extent to which students will slug away at an exercise if they clearly understand how it will benefit them.

Krages.com (PDF)

In the event you are threatened with detention or asked to surrender your film, asking the following questions can help ensure that you will have the evidence to enforce your legal rights:

1. What is the person's name?
2. Who is their employer?
3. Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention?
4. Likewise, if they demand your film, what legal basis do they assert for the confiscation?

Scott Jaschik (Inside Higher Ed)

At Hunter College of the City University of New York, some professors are asking those questions -- and a Faculty Senate committee is considering a formal complaint about violations of academic freedom -- over a course sponsored last year by the International Anticounterfeiting Coalition (known as the IACC), an organization of companies that are concerned about low-cost knockoffs of their products. The companies involved include some of the biggest names in fashion and consumer goods -- Abercrombie & Fitch, Chanel, Coach, Harley-Davidson, Levi Strauss, Reebok and so forth.

According to the complaints filed with the Faculty Senate, Hunter agreed to let the IACC sponsor a course for which students would create a campaign against counterfeiting in which they would create a fake Web site to tell the story of a fictional student experiencing trauma because of fake consumer goods.

Part of me hopes that the Hunter College incident is part of an art project... I've never heard of the International Anticounterfeiting Coalition, but it has a much bigger web presence than Mothers Against Video Game Violence (a hoax site that I've seen cited in freshman research papers).