Appendix B: Applying the Ethical Decision Model

Appendix B: Applying the EDM

This sample case study illustrates how the Ethical Decision Model can be applied in practice.

Case Scenario. Luke Vandenberg always wanted to be an interactive web designer since he was about halfway his High School years. He started working as an intern for a design studio while he was in his final year and got a lot of good experience from this. After he finished High School, Luke enrolled in a multimedia degree at Altiora University.

The degree required him to do a year work experience after completing the second year. After this year, he would return to full time study and complete the final year. This extended a three year degree to four years, but Luke was OK about this because he was able to land an intern job with a leading interactive design studio (TT INTERACTIVE) that worked closely with advertising agencies to develop the web component of major ad campaigns.

During his time at TT INTERACTIVE, Luke worked on a big project that involved the design and implementation of a web portal for Altiora University who wanted to re-badge their image, and market itself more effectively while improving the scope and functionality of their existing web portal. It was a big job for a high profile client and TT INTERACTIVE wanted someone who not only had the design skills but also had some familiarity with the culture at Altiora, so Luke got the job.

Luke was part of a three person project team. It was a demanding but highly satisfying project that was almost finished by the time he finished his intern year, and was due to return to university for the final year. TT were a hard task-master. Though he was being paid the bare minimum, he was expected to work long hours. He was told the experience he was getting was worth a lot. Nonetheless, he had mixed feelings; on the one hand he was indeed getting some great experience, but he could not help feeling somewhat exploited by TT management who seemed to care more about project outcomes than the people making the project happen.

Luke was a careful person by nature, and routinely made backups of the project files that he stored off-site for safe-keeping. He had lost hours of work before and was in the habit of making off-site backups. He did not think or realize that this constituted a breach of the agreement he had signed with TT to not remove any intellectual copy off-site without the permission of a TT Director. And so it was that when he left TT INTERACTIVE he happened to have a more-or-less complete set of project files for the new Altiora University web portal. He did not at this stage intend to do anything with this material.

During his final year at Altiora, Luke was gratified, in fact delighted to see the new web portal come on-line. He felt like he was making a difference in the world. Despite some teething problems, and some disparaging comments from his fellow students, the new portal was a success. He felt justifiably proud of himself. When he finished his degree he had been told there would probably be a job for him at TT but they were by this time fully staffed. Luke was a free agent in the world, looking for a way to apply his talents. With the experience he now had as a co-developer of a major new portal he was able to secure a similar position at a rival studio, Tangential. A year goes by, and Luke has settled in to his new job at Tangential. He becomes a team leader in due course. One day his boss calls him in for a conversation. How would Luke like to take the lead on a project to develop a web portal for Charleston Technical University? Tangential have successfully tendered for the project. This is important. Tangential management is quite excited about it.

The boss hints that anything Luke might have “learned” while at TT INTERACTIVE would be helpful. Something in the Boss’s manner strikes Luke as a bit odd. Then he remembers having mentioned in passing over drinks some months earlier that he still had the backup project files from his earlier job working on the Altiora portal for TT. Luke feels a little uneasy at what his boss seems to be suggesting, but is nonetheless excited by the project, and is keen to do a good job and perhaps get ahead in the industry, maybe one day open his own studio. Why not? Luke has recently married, and his wife and he had been discussing only the other day how good it would be to find a bigger place to live, maybe even start a family.

The upshot of the meeting is that Luke enthusiastically accepts the challenging new team lead role on the Charleston Technical University web portal project. Without any discussion with anyone, he digs out his old backups of the Altiora project (done while at TT) and dusts them off. Yes, he decides, this could be useful; this could be the framework that will save a lot of time and effort. He wonders briefly whether he is doing the right thing, but finishes by telling himself that “This is my own work. Don’t I have a right to use it? Why reinvent the wheel?”

So Luke takes his earlier work (and that of his fellow developers at TT who worked on the Altiora project) and modifies it so that it is superficially different from the original (a user would not notice much similarity), but under the skin, at a programming level, it was largely based on his earlier work.

The Charleston Technical University web portal is ultimately delivered. The client is happy, Tangential is happy, and Altiora and TT INTERACTIVE do not allege the theft of their intellectual property.

Years pass. Luke becomes a senior project manager and continues to build a successful career, culminating in the opening of his own studio. One day, as Director of his own studio, he receives a phone call from Altiora University. They flatter him as a successful alumnus, and ask if he would consider taking on an intern or two for the following year. He thinks for a moment, and somewhere in the back of his mind, a troubling thought takes shape … End of Case Study

Factors & related issue

1. Intellectual Property Theft (Legal). Creating Backups off site without Directors permission.
2. Breach of Agreement with TT (Legal). Creating Backups off site.
3. Privacy Legislation(Legal). Discussed his past job (work files) of the web portal from TT with the Tangential Manager.
4. Confidentiality (Legal). Discussed his prior jobs completed at a different organisation with his new employer.
5. Piracy (Legal). When Luke used the backup files for assistance from TT, the programming & framework
6. Code of Ethical conduct (Legal). Luke has minimised his integrity since the moment he made that first backup offsite.
7. Acknowledged Backups (Professional). When Luke mentioned to his manager at Tangential about the work he stole from TT.
8. Manager Signifying theft (Professional). When Luke was in his manager’s office getting offered the lead role & felt uneasy about using the work from TT by the Tangential Manager.
9. Project outcomes (Employment & Social). No gratitude was acknowledged to the workers only keeping the project outcomes in sight at TT.
10. Work Experience (Employment & Social). Luke’s work Experience was highly valuable for his forthcoming.
11. Existing Student (Employment & Social). The fact TT hired Luke as an intern for their upcoming project would be valuable.
12. Long Hours (Employment & Social). Luke felt under appreciated.
13. Insufficient money (Employment & Social). Luke felt he was not getting paid enough.
14. Comments (Employment & Social). When Luke’s fellow students were not happy about the portal at Altiora by voicing disparaging comments.
15. Get ahead (Personal). Luke was ignorant of the law to get ahead in his career.
16. Married (Personal). Luke got married.
17. Bigger Place (Personal). Luke & his wife need a bigger place to live in.
18. Family (Personal). Luke and his wife want a family one day.
19. Own Studio (Personal). Luke wants to have his own studio.
20. Lead Role (Personal). Did Lead role for a web portal for a high end client while at Tangential.
21. Senior Director (Personal). Had the job description as Senior Director.
22. 1 year work experience (Intrinsic). Luke did one year work experience at TT to achieve his degree.
23. Co-developer (Intrinsic). During that year of experience Luke gained co-developer skills
24. Multimedia degree (Intrinsic). Luke received his multimedia degree.
25. Team leader (Intrinsic). Luke became a team leader at Tangential.
26. Senior project manager (Intrinsic). Luke achieved the job description senior project manager at tangential for his efforts.
27. Own studio (Intrinsic). Luke owns his own studio.
28. Director (Intrinsic). Luke is the director at his own studio.

Sample Solution 1

Legal Factors

Factor 1, Contract Breach In the case study, Luke Vandenberg did some work experience for TT INTERACTIVE working on the Altiora web portal project. Luke Vandenberg had signed a contract with TT INTERACTIVE which stated that he was not to remove any intellectual property off-site without the expressed permission of the TT director. However, Luke did make off-line backups. This is a legal factor because there are Australian laws which govern contracts.

Factor 2, Copyright infringement In the case study, Luke had been working at a second company, Tangential Software. Luke was working on a web portal project like the one he had worked on with TT INTERACTIVE but for Charleston technical university. Luke used the work from the Altiora project and altered it superficially, effectively copying the work he and others had worked on at TT INTERACTIVE. This is a legal factor because the work Luke used was not his own. This is a breach of Australian copyright law

Professional Factors

Factor 3, Professional Contract Obligations As described earlier Luke Vandenberg made a breach of his contract with TT INTERACTIVE. This is not only a legal factor but also a professional factor as is stated in the Australian computer society’s code of professional conduct and professional practice under H3.

Factor 4, Professional Confidentiality Luke copied the intellectual property of his previous employer, TT INTERACTIVE without permission. Copying the Altiora project is a professional factor as well as a legal one as is stated in the Australian Computer Society’s code of conduct under A3.

Employment & Social Factors

Factor 5, Luke cheated TT INTERACTIVE As mentioned Luke copied the Altiora web portal he worked on at TT INTERACTIVE and used it in a similar project for rival company Tangential software. Society does not like cheaters and thieves. By copying the Altiora project without crediting TT INTERACTIVE, Luke effectively stole the project and cheated TT INTERACTIVE and its employees. Luke Vandenberg is a member of society; he should have contributed to society. Instead, Luke behaved like a parasite, taking without giving credit or giving back to the organization he was once a part of.

Factor 6, Luke was treated poorly at TT INTERACTIVE Luke was made to work long, hard hours whilst working at TT INTERACTIVE. Luke had mixed feelings about his time at TT INTERACTIVE. Luke was getting good experience but he felt that he was worked too hard for his minimum wage. TT INTERACTIVE worked Luke very hard which could have made Luke feel oppressed. This is a social factor because people in society usually resent those whom oppress them or take away their freedom. Society has a general dislike for bullies like TT INTERACTIVE.

Factor 7, Luke Broke a Promise Luke signed a contract with TT INTERACTIVE, promising not to make off-site backups without permission from the TT director. Luke breached this contract by making off-site backups. This is a social factor because society generally does not like it when people break promises. For example when a government party promises to lower taxes and does not deliver on the promise, people in society become resentful towards party.

Factor 8, Luke’s boss pressured him Luke’s boss at Tangential asked him to use whatever he had learned from the previous project. Luke felt that his boss’ manner was odd. This was because the boss knew about Luke’s copy of the Altiora web portal project and was suggesting that Luke copy this work for the new Tangential web portal project. This is an employment factor because Luke’s boss suggested he take part in an un- professional act.

Factor I, Luke was misled Luke was told that there would probably be a place for him at TT INTERACTIVE after he finished his university degree however TT INTERACTIVE did not have a place for him. This is an employment factor because the organisation, TT INTERACTIVE may have disappointed Luke.

Personal Factors

Factor 10, Luke committed plagiarism Luke committed plagiarism by copying the Altiora web portal project without giving credit to TT INTERACTIVE, the rightful owner and therefore committed plagiarism. This is a personal factor because Luke’s personal environment was once at Altiora University and universities are very strict on plagiarism.

Factor 11, Luke was from an I.T (Information Technology) background Luke made off-site copies of the Altiora web portal project whilst at TT INTERACTIVE. Luke made these copies because he wanted to make sure he did not lose his work. Also when Luke copied TT INTERACTIVE’s web portal he said to himself, “Why reinvent the wheel?” These are personal factors because they come from Luke’s information technology background.

Factor 12, Peer pressure Luke’s boss at Tangential subtly told Luke to copy what he could from TT INTERACTIVE’s web portal project. This is a personal factor because Luke’s boss applied peer pressure on Luke. It is part of what caused Luke to copy TT INTERACTIVE’s web portal project.

Intrinsic Factors

Factor 13, Luke’s personal gain Luke wanted the new project with Tangential to go successfully as this may lead to Luke getting ahead in the industry. Luke had ambitions to open his own studio in the hopes of earning enough money so he and his wife could move into a larger home. This is a personal factor because it is what motivated Luke to copy TT INTERACTIVE’s Altiora web portal project.

Factor 14, Luke was a safe person Luke was a safe person by nature. This is what led him to making off-line backups of the Altiora web portal project. This is an intrinsic factor because it is to do with Luke’s own experiences and it is part of who he is as a person. Factor O, Luke’s mixed feelings toward TT INTERACTIVE Luke had mixed feelings about working at TT INTERACTIVE and felt he was taken advantage of. This is an intrinsic factor as it is part of Luke’s own experiences and Luke may have felt negatively towards TT INTERACTIVE because of it.

Sample Solution 2

Legal factors

The first subject I have in this list of legal factors is the intellectual property theft. The reason I have chosen this as the first legal priority is because while Luke was working at TT he was taking backups of his work off site which is legally the property of TT. Although he may have been under the assumption that he was doing the right thing for TT by making off site backups, it does not eliminate the fact that being ignorant of the law does not make it ok to break the law. The second legal factor which is still within relation of the first is the breach of agreement that Luke has committed. Being employed by TT and gaining the work experience he was achieving I’m sure Luke could have been intelligent enough to talk to the director about implementing other systems in regards to making backups off site and not take it into his own hands which has initiated this breach. The third legal factor is when Luke breached the privacy legislation. The time he was having a few drinks then he had mentioned to the Tangential manager that he still had backups of the work he done when he was working at TT interactive. This act is highly unethical. This action has created a negative reaction further down the lines when the Tangential manager calls him in for chat about the new project of the portal. The fourth is confidentiality as at the point when without hesitation Luke used his original backups from TT as the framework for his new project with Tangential & spoke to his boss about the work he had done with TT. The fifth legal factor is that Mr Vandenberg has breached his own Code of ethical conduct as he had committed the above breaches mentioned and never owned up to his mistake hence decreasing the integrity of himself. The sixth legal breach that has been committed is piracy at the time in the case study when Luke used the framework from TT as the framework for Tangential web portal.

Professional factors

The night that Luke was having few drinks with his manager from Tangential & he mentioned that he still had backups of the work he had done while he was employed by a rival competitor at TT interactive. As Months went by then one day Luke got called into the office by his manager at Tangential.

The news of the new project they are beginning for the web portal gets informed to Luke. The next instant Luke catches hints from his employer about the backups he had from the last portal that he had designed at TT would be a great asset to the project. Could this be the reason Luke was given the opportunity to be the Lead worker of this project?

Employment and Social factors

Despite Luke received disparaging comments from fellow students he was still justifiably happy with the web portal produced by TT. The time Luke was working at TT INTERACTIVE he was doing long hours and earning the base wage minimum. The justification of this circumstance was that the fact that the experience he is receiving is much more treasured. However Luke still felt underappreciated and what some could say being de humanised slightly. No gratitude was being acknowledged towards the workers just to the future outcomes of the project being completed. The fact that Luke was an existing student at Altiora University assisted in TT interactive giving him the internship as they wanted someone who was familiar with the culture at the university.

Personal factors

Luke had great justification in the fact that getting the lead role for the project at Tangential would really assist in taking the path of being senior director then concluding to his dream of opening his own studio. His priority was that just after recently getting married Luke & his wife discussed that they would like to have a bigger place and possibly have children (family) one day.

Intrinsic factors

Luke has attended university for 4 years in total. Luke was required to do 1 year work experience as part of his multimedia degree. This was the time when TT interactive was doing the web portal for Altiora University. The entire project had taken the whole entire year that Luke was doing as work experience. This also gave him co-developer experience. Once Luke went back to university for his final year he was under the impression that he would have a job at TT however this was not the case as TT was fully staffed on the completion of Luke’s degree. None the less Luke gained employment at a competitor of TT called Tangential. As time goes by with his employment Luke becomes Team leader at Tangential. The opportunity arises that would help him get ahead in the industry. Further along down the line Luke becomes a senior project manager which then he decides to open and run his own studio as the director.

Please note this sample is for illustrative purposes only.