Legal Concepts Worksheet
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Legal Concepts Worksheet
Concept
Application of Concept to the Issue of Downloading
Reference to Concept in Reading
Ethics and Business: This concept was selected because individuals that reside in this society have morals on which they live their lifestyle.
Music is available to download in all places on the internet. Is it ethical to download music? When I go to watch movies in the theatre I like the commercial played for downloading music. They state “You wouldn’t steal a car” so why download free music. This commercial is seen before the movie starts. This commercial is based mainly on Formalism where downloading music is considered to be morally wrong. But there is also another type of system which is called Consequentialism where moral consequences are to be considered. If an individual downloads music its not only hurting the music team but their families which they support. We have laws that can prevent you from doing this but ethically its an individual responsibility to be honest, have integrity and not do things that are not ethically correct. Downloading music in this cyber age is not considered ethically wrong because it is freely available and the environment we currently reside does not discourage it. All justifications aside downloading music should be considered ethically wrong which would make the downloads less in number.
Another difference between ethics and law concerns motivation. Although values found in ethics may be imposed on an individual (by the family, the company, or the law), the motivation to observe moral rules comes from within.
Formalism (also called deontology) is an approach to ethics that affirms an absolute morality principal system of ethics is consequentialism. Consequentialism (also called teleology) concerns itself with the moral consequences of actions rather than with the morality of the actions themselves.
( Reed, 2005, p. 12).
Litigation overview. This concept was selected because music industry has filed lawsuits against websites or individuals that are allowing download of free music.
Member of the music industry can all get together and file suit again a website that promotes downloading music freely. Napster was one of sites in earlier in the century that had a class action suit from the music industry.
Another way of looking at the downloading issue is since music industry and the sites that engage in free download of music could not come to an agreement so matter was taken to court.
In most state jurisdictions and in federal courts, the law allows all persons to join in one lawsuit as plaintiffs if the causes of action arise out of the same transaction of transactions and involve common questions of law or fact. In addition, plaintiffs may join as defendants all persons who are necessary to a complete determination or resolution of the questions involved. (Reed, 2005, p. 2).
Civil Law & Criminal Law
This concept was selected because downloading music could be a civil law or Criminal law. There are justification to both sides.
Downloading music could be considered as breaking the civil law. When an individual downloads music its more of a loss to the music team that developed the music. As the reading material suggests that the Music Team ask for damages without punishing the wrong doer since downloading of music is available through websites which can be accessed by anyone.
On the contrary it could also be considered criminal since user that