Relevance of the Study of Law
Relevance of the Concept of Law in my study of computer ethics
In our study of computer ethics we have to understand our social responsibilities and ethical issues on the use of computer. While the law gives order and structure, our education will teach us virtues and actions that will be desirable and best (right) for us.
The concept of law brings me to analyze the relationship and difference of Law and Ethics. Like the Law, Ethics rules or control the society. Both are guidelines that people obey and conform to, but unlike Law any violation to ethics is not subject to punishment or penalty.
Ethics set standards of conduct that is higher than the law. Law set standards of conduct so that common good may be obtained.
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Two laws governing computer use and type of non-jural law seem to underpin these two laws.
In the Republic Act 8792 or otherwise known as the E-commerce law
Section 33. Penalties. – The following Acts shall be penalized by fine and/or imprisonment, as follows:
a. Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or in access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
b. Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings and phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punishable
by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
I think natural law underpins the law in letter a. This is because Hacking or cracking in order to corrupt, alter, steal, or destroy and introduction of viruses that results to corruption, destruction, alteration, theft or loss of electronic data messages or electronic document violates the of natural law which are righteousness, justice, equity and fairness.
Moral law underpins the law in letter b for moral law dictates what sort of behavior of conduct may or may not be expressed. Disrespect and dishonesty to Intellectual Property Rights and in the use of copyrighted works are noncompliant to moral conduct.
1. Divine Law
Melinda violated the divine law, because divine law is faultlessness and perfection. Melinda knew that she is violating the law is imperfection.
2. Natural Law
The precepts of natural law are righteousness, justice, equity and fairness. Selling pirated software is not fair to the creators and vendors of the licensed software. This is because no fraction of amount will go to the creator as compared to buying licensed software.
3. Moral Law
Disrespect and dishonesty to Intellectual Property Rights and in the use of copyrighted works are noncompliant to moral conduct.
4. Physical Law
With Physical Law, Human beings and other living creatures observe the order of
sequence and uniformities involved in the operation of nature. Melinda violated physical law when she reproduce and sell pirated software since this is not the proper order of sequence. If She had bought a licensed software and she should also offered a licensed software to her friends and acquintaces, to conform with uniformity.
In our study of computer ethics we have to understand our social responsibilities and ethical issues on the use of computer. While the law gives order and structure, our education will teach us virtues and actions that will be desirable and best (right) for us.
The concept of law brings me to analyze the relationship and difference of Law and Ethics. Like the Law, Ethics rules or control the society. Both are guidelines that people obey and conform to, but unlike Law any violation to ethics is not subject to punishment or penalty.
Ethics set standards of conduct that is higher than the law. Law set standards of conduct so that common good may be obtained.
------------------------------------------------------------------------------------------------
Two laws governing computer use and type of non-jural law seem to underpin these two laws.
In the Republic Act 8792 or otherwise known as the E-commerce law
Section 33. Penalties. – The following Acts shall be penalized by fine and/or imprisonment, as follows:
a. Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or in access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
b. Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings and phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punishable
by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
I think natural law underpins the law in letter a. This is because Hacking or cracking in order to corrupt, alter, steal, or destroy and introduction of viruses that results to corruption, destruction, alteration, theft or loss of electronic data messages or electronic document violates the of natural law which are righteousness, justice, equity and fairness.
Moral law underpins the law in letter b for moral law dictates what sort of behavior of conduct may or may not be expressed. Disrespect and dishonesty to Intellectual Property Rights and in the use of copyrighted works are noncompliant to moral conduct.
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Case of Melinda1. Divine Law
Melinda violated the divine law, because divine law is faultlessness and perfection. Melinda knew that she is violating the law is imperfection.
2. Natural Law
The precepts of natural law are righteousness, justice, equity and fairness. Selling pirated software is not fair to the creators and vendors of the licensed software. This is because no fraction of amount will go to the creator as compared to buying licensed software.
3. Moral Law
Disrespect and dishonesty to Intellectual Property Rights and in the use of copyrighted works are noncompliant to moral conduct.
4. Physical Law
With Physical Law, Human beings and other living creatures observe the order of
sequence and uniformities involved in the operation of nature. Melinda violated physical law when she reproduce and sell pirated software since this is not the proper order of sequence. If She had bought a licensed software and she should also offered a licensed software to her friends and acquintaces, to conform with uniformity.
posted by Loreta Georgina G. Magsombol at
1:33 PM
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