Mahboobin 4:00
R11
PLAGIARIZING THE MOBILE BRIDGE 4.0
Nowa Bronner (nbb8@pitt.edu)
STEALING INTELLECTUAL
PROPERTY
Background
After graduating from the University of Pittsburgh, I
was offered a job at Hamilton Construction Company as a
construction project engineer. The company required me to
move to Portland, Oregon, but it was too good of an offer to
turn down. As a construction project engineer I had
responsibilities such as scheduling, recording, problem
solving, drawing, and working with the project manager and
superintendent [1]. It was a dream job for any newly
graduated civil engineer.
Hamilton Construction Company had established
itself as a leading company in construction throughout its 80
year long history. They are known to specialize in heavy civil
construction such as bridges, highways, transit, and rail, but
the board recently decided to dabble in lighter bridge
construction. The company decided it was time for it to start
making portable bridges for emergency situations and when a
replacement bridge is needed while renovation on an old
bridge takes place. The project manager told all of the
construction engineers to come up with a basic design for a
portable bridge by next week. I worked on the design
throughout the week with no success, so I began to panic. As
the deadline approached, I decided to use the scissor-like
construction of the Mobile Bridge 4.0 as a filler, so I could at
least show something to the project manager. I was desperate
not to get fired.
We all presented our designs to the manager and
discussed the viability and effectiveness of our designs. To
my surprise and dismay, my design was chosen. I debated in
my head, whether or not I should tell him where the design
actually came from. In the end, I decided it was best to tell my
manager that I stole the design. He was shocked at first but
told me that he was okay with it because the design was
undoubtedly better than the other ones offered. I was relieved
to know that he was okay with it and got back to working.
I was ecstatic about working on this project because
of its multiple applications. An important part of becoming an
engineer for me was being able to help people live and live
better lives; this portable bridge could aid in both parts of my
dream. This portable bridge will assist in many rescue
missions of people affected by natural disasters and will help
eliminate the frustration of traffic delays caused by bridge
renovations. For example, when roads and bridges are
destroyed by earthquakes, tornadoes, tsunamis, or hurricanes,
a safe passage can be quickly be made by extending the new
portable bridge over the affected area. I felt good knowing my
contribution this bridge was going help many victims of
natural disasters.
After a year of development, the company was about
to unveil the Portable Bridge 1.0 (PB1). My coworkers and I
were lively about this project and took pride in our work; the
countless number of hours we designed, built, and tested this
bridge was finally coming to fruition.
My Dilemma
The presentation was a success: The shareholders
were more than pleased and even ordinary citizens were
interested. However, due to the lack of credit to Dr. Ario and
the other designers of the Mobile Bridge 4.0 (MB4), I was not
at ease. Our new bridge is not a carbon copy of Dr. Ario’s
creation, but the original idea of it did come from the MB4. I
felt it was wrong to not give credit where it was due, so I
contacted the Superintendent. He quickly told me to not worry
and to stay silent about the matter. Regardless, I became
worried. I realized that the superintendent was not going to
give credit to Dr. Ario because it would be cheaper to not ask
for permission. I also could not trust the board members
because it was likely that they already knew the truth and was
a part of the plan. Moreover, it seemed that the board
members knew that Dr. Ario had not yet filed an international
patent through the Patent Cooperation Treaty, making the
design of the MB4 ‘fair game” for the Hamilton Construction
Company to use. The Patent Cooperation Treaty is a pact that
protects the ideas of inventors of over 140 nations if the
proper paper work is done [2].
Now I had to choose to report or stay silent about the
plagiarism. If I report this to the authorities, I may lose my
job, the distribution of the bridges may be halted, causing
missed opportunities in the saving the lives of people, and the
company will lose its good reputation. Conversely, if I stay
silent, I would secure my job, I would feel guilty that Dr. Ario
wouldn’t get the credit that he deserves, and Hiroshima
University might try to sue the Hamilton Construction
Company.
University of Pittsburgh, Swanson School of Engineering 1
2015-11-01
Nowa Bronner
knew that if I were to plagiarize back in college, I would have
faced the consequences of failing the assignment, failing the
class, or even being expelled from the university. Still, I did
not know what the consequences were as a professional.
Through examining the United States Patent and Trademark
Office (USPTO) website, I recognized that there are legal
repercussions to stealing ideas only if a patent had been filed.
In the case that patent is filed, it is the responsibility of the
patentee to enforce the patent [5]. The USPTO clarifies,
“What is granted is not the right to make, use, offer for sale,
sell or import, but the right to exclude others from making,
using, offering for sale, selling or importing the invention” [5].
For this reason, the only way that a patent is enforced is if the
patentee chooses to sue the plagiarizer.
However, Dr. Ario was in no position to sue my
company. He had only a patent of the MB4 in Japan, so under
the law of the United States, Dr. Ario does not have the right
to exclude others from using his idea. He had the right to do
so under the Japanese law, but where would he sue my
company? In Japan where he actually had the jurisdiction to
do so, or in America where my company was using his
patented design? My company wouldn’t purposely go to
Japan just to get sued, and he couldn’t sue my company in
America because he doesn’t have a patent in America. Either
way, Dr. Ario was stuck. This was why Dr. Ario should have
filed a patent through the World Intellectual Property
Organization. Consequently, the dilemma was not a legal one
but one of only ethics.
RESEACHING ETHICAL CODES
National Society of Professional Engineers
I decided that the best course of action was to
research the code of ethics for engineers to gain a better
understanding of the situation I was placed. I began by
dissecting the code of ethics made by the National Society of
Professional Engineers (NSPE). While searching, I
discovered that it is clearly stated in the NSPE code of ethics
that credit should be given to those who deserve it. In section
III. 9 the code elucidates, “Engineers shall, whenever possible,
name the person or persons who may be individually
responsible for designs, inventions, writings, or other
accomplishments” [3]. If this was all that was written in the
NSPE code of ethics, I would be convinced to report the
whole issue. However, section III.4 causes me to think again:
“Engineers shall not disclose, without consent, confidential
information concerning the business affairs or technical
process of any present or former client or employer, or public
body on which they serve” [3]. This clause states that I should
not speak about the details of my work to people outside my
company without the permission of my boss. Because of the
stalemate between the two clauses, I thought it best to look at
another code of ethics.
American Society for Civil Engineers
The American Society for Civil Engineers (ASCE)
code of ethics has an identical clause to NSPE’s section III.9
at Canon 5.a [4]. The fact that both of the codes of ethics state
the need to give credit to the person or organization that made
the design first clearly shows that the Hamilton Construction
Company is in the wrong by not disclosing the information
that the original design came from Dr. Ario. As an engineer,
I would be discouraged and indignant if a company took my
ideas and made money off of it without giving me credit or
money. Evidently, both societies understand the need to give
the inventor credit. Moreover the ASCE code of ethics states,
“Engineers shall be objective and truthful in professional
reports, statements, or testimony. They shall include all
relevant and pertinent information in such reports, statements,
or testimony” in Canon 3.b [4]. This article gave me more
reason to believe what my company did was unacceptable.
RESEARCH ON PLAGIARISM
Data
I once again begun feeling guilty about my
involvement with the plagiarism, so I looked into some data
to gain some perspective. I found an article by Vanja Pupovac
and Daniele Fanelli that studied the number of scientists who
admitted to plagiarizing. They conducted a meta-analysis of
anonymous surveys asking scientists if they have ever
committed plagiarism. They asked first if the subjects
themselves had committed plagiarism, then asked if the
subjects knew a coworker who had committed plagiarism.
Results showed that 1.7% of the subjects admitted to the
misconduct while 30% knew of somebody who has
plagiarized. Through this study, Fanelli and Pupovac found
that the percent of scientist who admitted to plagiarism has
decreased over time [6]. Accurate statistics on plagiarism is
notoriously difficult to find, but it was clear that there were a
number of scientists who had plagiarized. In a way, the
knowledge that my company and I are not the only ones who
plagiarize gave me a false sense of security.
Patents
The code of ethics does give me an idea of what I
should do as an engineer. Nonetheless, it is only a code. I
began to wonder if there are legal repercussions for the
injustice my company was committing towards Dr. Ario. I
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Nowa Bronner
Case Study
Bible
I convince myself that making myself feel good by
looking at data wasn’t the best way to give me a better
understanding of ethics in the engineering field. The situation
of this case study involves a university professor, an ACSE
employee, and a private publication business. The Professor
and the employee writes a book on the design of nonstructural
building elements, and a large scientific publisher accepts it.
Later the private publication business files a complaint to
ASCE’s Committee on Professional Conduct (CPC) stating
that a portion of the published work was plagiarized from a
book that the private company had published in the past [7].
Once again I found the principle of giving credit where credit
is due when the case study points out category (e) in canon 5
of the ASCE’s code of ethics. The author of this case study,
Tara Hoke, shows the main problem of plagiarism by saying,
“While plagiarism may not be as stark an example of unfair
competition as, say, bribery, it nevertheless represents an
attempt by the plagiarizer to enhance his or her reputation by
the theft of another’s work” [7]. Her words helped me realize
that plagiarism is the same as stealing. However, I was still
not fond of the idea of losing my job by making the right
choice. This was my dream job as a civil engineer after all.
I grew up attending church like many other
Americans. I believe my morals and ethics have been greatly
shaped by Christianity, so my mom is not far off in telling me
to look in the Bible. One teaching that is relevant in this
situation is the golden rule. In Matthew 7:12, Jesus says, “Do
on to others what you would have them do to you” [8]. If I
were Dr. Ario, I would want to receive credit for the work I
have done. Therefore, I should give Dr. Ario the credit that he
deserves. It is simple, but it can be applied in many ethical
situations. Also the second most important commandment in
the Bible written in Matthew 22:39 gave me insight on what
I should do: “Love you neighbor as yourself” [8]. Like the
other verse, this principle is simple yet effective. Was stealing
someone else’s idea loving? Because it was not, I should give
Dr. Ario credit.
CONCLUSION
My Decision
In building the Portable Bridge 1.0, I had a lot of
pride and felt a sense of accomplishment. However, the
actions of my bosses at the Hamilton Construction Company
made me choose between my morals and my job. I don’t know
for certain that I will lose my job, but I decided that it
shouldn’t be a factor in deciding to take the right or wrong
action. Through my research and consultation, I decided to
contact the CPC to report the misconduct of the Hamilton
Construction Company. My company tried to enhance its own
reputation by stealing another’s design, and I could not stand
by that decision.
PERSONAL MORAL COMPASSES
Mother
My mom raised me to be the man that I am, so I
thought it wouldn’t hurt to contact her to receive some advice.
My mom is the kind of person who abhors dishonest behavior
from others and especially from herself or her family. When
my brother had a job working as a waiter at a Thai restaurant
and was getting paid under the table, she made my brother fill
out the tax forms which now made it necessary for my
brother’s boss to also fill out taxes for my brother’s portion.
It would have been much easier and more financially
beneficial for both parties if my mom let my brother take the
money without the taxes. As I guessed from my past
experiences with my mom, she told me to be honest.
Without delay, I told her that I may lose my job if I
reveal the truth. I guessed that she would tell me to work hard
to get a better job as she was a hard worker. She spent 10 years
saving money in order to go to a university in America and
got a master’s degree in her second language. She persevered
the difficult times in order to reach her dreams. However, my
conjecture was wrong this time. She simply told me that I was
bigger than my job, and that if they fire me, I am not a failure,
but a person who did the right thing. Finally, she told me to
consult the Bible.
Recommendations to Engineers
When faced with an ethical issue that causes you to
choose between job security and your morals, ask yourself I
you will find joy in working for a company that you feel is
making the wrong choices. Do the research, consult the
people closest to you, and remember that you are more than
just your job.
REFERENCES
[1] “Hamilton Construction Com Construction Project
Engineer.” Hamilton Construction Company. (Website).
http://hamiltonconstructioncompany.ourcareerpages.com/job
/135709?source=ccp&returnURL=http://www.hamil.com/ca
reers/&jobFeedCode=hamiltonconstructioncompany
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Nowa Bronner
[2]
“PCT
FAQs.”(2015)
WIPO.
(Website).
http://www.wipo.int/pct/en/faqs/faqs.html
[3] “NSPE Code of Ethics for Engineers.” (2007). National
Society of Professional Engineers. (Online Article).
http://www.nspe.org/resources/ethics/code-ethics
[4] “Code of Ethics.” (2006). ASCE. (Online article).
http://www.asce.org/uploadedFiles/About_ASCE/Ethics/Co
ntent_Pieces/CodeofEthics2006.pdf
[5] “General Information Concerning Patents.” (2014).
USPTO. (Website). http://www.uspto.gov/patents-gettingstarted/general-information-concerning-patents
[6] V. Pupovac, D. Fanelli. (2015). “Scientists Admitting to
Plagiarism: A Meta-Analysis of Surveys.” Sci Eng Ethics.
(Online
Article).
http://web.b.ebscohost.com/ehost/command/detail?sid=fa79
1870-2eaf-4093-a5287d6d75596f51%40sessionmgr120&vid=8&hid=102
[7] T. Hoke. (2015). “Code of Ethics Applies to Author’s
Responsibilities.”
ASCE.
(Online
article).
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=
1ad08ed0-22b4-4370-aa50d4724f92a7b9%40sessionmgr111&vid=1&hid=102
[8] “Book of Matthew.” (2011). BibleGateway. (Website).
https://www.biblegateway.com/quicksearch/?quicksearch=
Mathew&qs_version=NIV
ADDITIONAL SOURCES
“Copy and Paste… .” webGURU. (Online article).
http://www.webguru.neu.edu/professionalism/casestudies/copy-and-paste
M. Loui. (2006). “Role Play on Intellectual Property
Involving a Method for Data Compression.” Online Ethics
Center.
(Online
article).
http://www.onlineethics.org/Resources/Cases/IntellectualPro
p.aspx
N. Bronner. (2015). “MB 4.0: The Future of Bridge
Technology.” (Print essay).
“Case 1009 – The Plagiarized Proposal.” Texas Tech
University.
(Online
Article).
http://www.depts.ttu.edu/murdoughcenter/products/cases.ph
p
ACKNOWLDEGMENTS
I would like to thank my mom for teaching me how
to live life. I would like to thank my brother and my roommate
for proving support while I worked on this essay.
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