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Moral boon or immoral boondoggle?







Moral boon or immoral boondoggle?

Moral boon or immoral boondoggle? 04/12/2005 05:04 PM

A new Texas bill seeks to give pharmacists the right to object to dispensing emergency contraceptives. The bill was spurred by over a year's worth of debate about an incident in Denton where a rape victim was denied a morning-after pill by a pharmacist at Eckerd's. Supporters say that pharmacists should be able to opt out of dispensing drugs that are used for abortions, but the opposition points out that the bill's definition of emergency contraceptives can be construed to include all birth control. Should pharmacists be allowed to morally object, or is this an anti-birth-control boondoggle?




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Moral boon or immoral boondoggle?

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Tell me, has the US Visa Waiver form (the green one, I-94W) changed in the past couple of years? Or perhaps I have changed and seeing things with new eyes. It is as if some of the things weren’t there previously.

One of the questions on the backside says: "...or are you seeking entry to engage in criminal or immoral activities?" Immoral – defined by whom? The Bush government? The Bible? If I were gay who was into BDSM, and had a boyfriend waiting for me in San Diego, should I tick "yes"?

The concept of what is immoral and what is not is an eerily vague one, and it is easy to pass judgement unto others. It is so easy to assume moral superiority – and I know that I am guilty of the same thing, saying this. Intolerance should not be tolerated: it is the dilemma of our world.

The other thing that stopped me is the one that says "You may not represent the foreign information media during your visit".

That not only sounds suspicious, but it also begs the question: what about blogging? If I tell truthfully to the world what I see and hear, am I a part of this "foreign information media" or not?


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Foie gras is yummy, is it also immoral?


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The Moral Values Party

With thousands of Republicans set to invade the city this summer, high-priced escorts and strippers are preparing for one grand old party.

Agencies are flying in extra call girls from around the globe to meet the expected demand during the Aug. 30-Sept. 2 gathering at Madison Square Garden.

"We have girls from London, Seattle, California, all coming in for that week," said a madam at a Manhattan escort service. "It's the week everyone wants to work."

"It's going to be big," agreed one operator at a midtown escort service.


Now that's what I call moral clarity!!

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not American

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on the challenge of moral rights


on the challenge of moral rights 03/14/2005 05:51 PM
Bill Thompson calls himself a critical friend of Creative Commons, which in my world, is the only kind of friend one wants. But I can't escape thinking we're having an argument when there's nothing to argue about (again, a common feature of the very best of friends). Bill believes in moral rights. He thinks Creative Commons doesn't. Or more precisely, he thinks Creative Commons the collective, or me the individual, doesn't "care" or "understand" moral rights. Instead, he thinks we think copyright "is simply an economic matter." That is "US hegemony," Bill insists (please put that word on the list of eliminated words when the revolution comes), which neither he, nor anyone, should "accept." As someone who has been strongly criticized for strongly criticizing the US (even on foreign soil no less!) I'm all for eliminating US "hegemony." But there's just a simple misunderstanding here that we (CC) needs to do a better job addressing. Creative Commons offers free copyright licenses to artists and creators. The purpose of the license is to enable the artist or creator to mark his or her copyrighted work with the freedom he or she intends the work to carry. Those "freedoms" are the exclusive rights that copyright grants the copyright holder which the law permits the copyright holder to waive. The design of the system is to be automatic. No contract, or meeting of the minds, is intended. It is simply a license that says "if you use my copyrighted work in ways that would otherwise infringe my exclusive rights, I won't sue you if you have abided by this license." (The law makes everything ugly, but anyway, that's what it does.) Moral rights -- which are not "European" but in fact common to the US/UK tradition and the European tradition (in our tradition, they are called "author's rights," and the great text on this is Lyman Ray Patterson's Copyright in Historical Perspective) -- don't admit of such easy manipulation. In many jurisdictions that protect moral rights, you can't just automatically give away the moral right, without knowing something about how, or in what context, the work is to be used. For those jurisdictions then, a Creative Commons-like mechanism just wouldn't work. Such a mechanism couldn't succeed, in other words, in effecting an agreement about such moral rights. Creative Commons is a hammer. This is glass blowing. So our response to these jurisdictions is simple: we don't purport to affect the moral rights at all. They are left as they would be, because our tool can't effectively do anything about them. Thus, it is not because we don't "understand" moral rights that we don't do anything about them. It is instead because we precisely understand that our tool, given the law, can't do anything about them. Thus, to say that we think there's only one tool in the area of copyright and moral rights is, I think, to have it backwards. Those who would criticize Creative Commons for not "solving" the "moral rights problem" are the ones who think there is only one tool. We're the first to admit that we have a hammer, and you need a glass blower, so please don't consider our tool to be the tool you need if negotiating, or respecting, or understanding, moral rights is your objective. Now this isn't the case in every jurisdiction that protects moral rights. The contours of the law are different in different countries. Thus in some countries, we have been able to craft the license to give the author the power to grant both copyrights and moral rights. But in strong moral rights jurisdictions, that simple is not possible using the device we have crafted. So again, I don't see how this is us "dismissing" moral rights. (Does aspirin dismiss cancer just because it can't cure it?) And I don't see how narrowing our focus means we don't "care" about moral rights, if indeed you believe that a tool such as ours can't, in some jurisdictions at least, do anything about moral rights. And finally, I don't see where I've ever said anything against moral rights. No doubt, they restrict the freedom of authors -- at least those authors who would like a simple way to alienate the rights. So too does the ban on slavery restrict the freedom of workers -- but you wouldn't think I support slavery just because I remark this obvious fact, would you? Indeed, in many contexts where I've been asked, I've said that the moral rights tradition has actually proven to be an important check on the power of publishers -- something we've forgotten in our own tradition. But none of that is to criticize, or to advise that countries change their law. So yes, Creative Commons will not, at least in some jurisdictions, deal with moral rights. Nor will it cure cancer or end poverty. But if it is unclear to anyone, let's be clear about it: We don't therefore not "care" about cancer or poverty. We don't therefore "dismiss" those problems. We just understand -- as everyone should -- that the tools we're spreading can only do so much. Finally, about Bill's claim that I think that copyright, as distinct from moral rights, "is simply an economic matter." I'm sure Bill got this from one of our conversations. He's a careful journalist (unlike the journalists he associates with). But I must not have made my point clearly, because the sense in which he offers the statement is different from what I mean. I do believe that "copyright" is "simply an economic matter" -- meaning that the rights originally protected by copyright were protected for economic reasons. That again does not deny that there are other rights -- read Patterson to see the rich set of "author rights" that existed at the time of our Founding. I wouldn't say that were simply "an economic matter." But I do believe that copyright was about economics. And I continue to believe copyright is important, primarily for economic reasons. But that again is precisely why we wanted to create a simpler copyright, for the many many creators who either are not creating for economic ends, or who believe that control over their creativity is not a necessary means to their economic success. Free law is the tool we created. A tool to enable people to achieve something at the legal layer, just as iChat enables people to achieve something at the application layer. But as iChat isn't for everyone, or at least, for everyone for any end, neither is CC. I would not advise Britney to put her music under a CC license. I would advise Gilberto Gil to. Tell me what you're trying to do, and I'll tell you whether we've got a tool for you. (That's of course, rhetorical. Please don't tell me. There are briefs, and filings, and classes, and family that demand the time that answering questions would take.)

Blitzer, moral judge


Blitzer, moral judge 04/10/2005 05:17 AM

dailykos.com/storyonly/2005/4/9/131834/1318
track this site | 3 links


Is There A Moral Doctor In The House?


Is There A Moral Doctor In The House? 08/22/2004 03:46 AM
Don't steal music, advise Apple on each and every iPod. But what if the iPod already comes with free music when you purchase it from Apple?

"What has happened to our moral
imagination?"


"What has happened to our moral
imagination?"
12/19/2004 03:41 PM
Bill Moyers' last NOW program is on PBS tonight. He recently accepted the Global Environment Citizen Award at Harvard, and the speech he gave there is worth reading. Here's a link and an excerpt:

The Moral Implications of GMOs


The Moral Implications of GMOs 11/12/2003 01:23 PM
A two-day conference on genetically modified organisms ends at the Vatican, with both supporters and critics hoping they've convinced the Catholic hierarchy to support their views.

Medical rather than moral problem


Medical rather than moral problem 05/30/2004 08:49 PM
Straits Times May 30 2004 11:22PM GMT

Would all moral thugs please stand up.


Would all moral thugs please stand up. 06/01/2004 09:07 AM
A mother talks about her son's childhood. I'm tired of your foolish rhetoric about the "homosexual agenda" and your allegations that accepting homosexuality is the same thing as advocating sex with children. You are cruel and ignorant. (via the chimps at Monkeyfilter)

The Moral Case Against the Iraq War


The Moral Case Against the Iraq War 05/19/2004 12:10 AM
The Moral Case Against the Iraq War
Also on the moral tip, Memos Reveal War Crimes Warnings
internal January 25, 2002, memo by White House counsel Alberto Gonzales (PDF)

The New Republic Online: Moral Center


The New Republic Online: Moral Center 01/09/2004 10:10 PM
analyses of candidates, including Governor Dean .. The New Republic Online: Moral Center .. makes the case for Dean too .. a very nice, positive piece .. hand wringing .. Jonathan Cohn .. make sense

tnr.com/doc.mhtml?i=20040119&s=cohn011904
track this site | 5 links


Hayes Micro: the moral is, take the
money and run


Hayes Micro: the moral is, take the
money and run
12/02/2003 01:39 AM
Amazing profile of the founders of Hayes Microcomputers -- Hayes (who wanted to build empires, went broke and blind instead) and his partner Heatherington (who cashed out early and has a putterer's dream-life now).
"Competition was heating up. Technology was moving faster. I just wanted out of the rat race," Heatherington says. "Apparently Dennis enjoyed the rat race, so he stayed."

Heatherington retired at 36. Hayes was shocked. He knew there was more money to be made in the years ahead...

Neither of Hayes' former wives would be interviewed. But Chan's attorney, Jimmy Deal, said Hayes is months behind on child support payments for the couple's two children.

Link (via /.)
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