Jeff Ma
INFO 450
Quiz 2 Re-grade
Question 1
All Consequentialists argue that:
Originally answered:
d. the right action is one that produces the most net pleasure in the consequences for your group
when compared to alternative actions
Updated answer:
f. none of the above
I thought that it was a tricky question. I chose answer d. because it sounds like Hedonistic
Utilitarianism which I thought falls under consequentialism. Guess that was wrong. So the correct
answer must be f. none of the above.
Question 2
Utilitarians argue that:
Originally answered:
e. none of the above
Updated answer:
d. the good is prior to the right – meaning that we only know what our moral obligations are after we
first determine what action produces the most moral value
It was hard for me to understand a couple of the answers. I knew that answers b. and c. were wrong
and answer a. sounds like deontology. I thought that d. might have been the right answer but I had a
hard time understanding what is was trying to convey. So I chose answer e. But now I am certain d. is
the correct answer.
Question 8
The utilitarian incentives-based argument for intellectual property rights justifies the “fair use”
rule and the “first sale” rule by appealing to Kant’s categorical imperative – we have a moral
duty to share independent of the consequences.
Originally answered:
a. true
Updated answer:
b. false
I do know that Kant is a deontologist but this was a statement for a utilitarian perspective of
intellectual property rights. That would mean fair use and the first sale rule was established to
maximize benefits for the good of society.
Question 9
Himma and Moore in “Intellectual Property” argue that:
Originally answered:
a. intellectual property rights are just like physical property rights
Updated answer:
g. none of the above
I assumed that the answer a. I originally chose meant that the rights of physical property was referring
to tangible works like books, music cds, and dvd videos. The answer was wrong. The argument was
mainly for justification of intellectual property with utilitarian incentives. None of the answers listed are
correct so the answer is g. none of the above.
Question 11
Short Answer: In the space provided answer the following question(s). You aren't expected to
use any fancy formatting for the short answer questions. Canvas just automatically puts the
formatting toolbars in. You do need to answer the questions in writing, so avoid the media
buttons. (5 points each)
In class we discussed a prima facie argument against ownership of intellectual works based
on non-rivalrousness (this argument was also discussed in Hettinger’s article). Present and
critique this argument.
Your Answer:
With intellectual work the use of it is non-rivalrous. The use by one person will not exclude use by
another person. For example Adam has a spicy Chinese noodle recipe. Why couldn’t I pirate his
recipe? He still has his recipe. He is still able to make spicy Chinese noodles. And I will be able to
make spicy Chinese noodles. Seems kind of selfish to restrict me from freely having Adams spicy
Chinese noodles but viewing this through utilitarianism which our current intellectual property rights is
based on it would give creators incentive to invent or innovate which would promote progress and
benefit our society.
Updated answer:
Adding to my original answer I did not specify the premises and conclusion for my answer above.
If intellectual works can be owned then it would give incentives for inventors and creators to create
these intellectual objects. Having intellectual property rights allows protections for the works that are
created. Just because intellectual work is non-rivalrous doesn’t mean that we have a right to those
works. The works are created by individuals and have been done so by an investment of time,
energy, effort and cost. By allowing protections of these works, individuals are rewarded for their work
and society would be able to progress and flourish because of new creations and innovations.
Question 13
Explain the utilitarian incentives-based argument for intellectual property rights – be sure to
state the premises and conclusion. Next, explain how “fair use” and “first sale” are justified
for the utilitarian.
Your Answer:
My understanding for utilitarian incentive based argument is
p1. in order for society to progress there must be a way to incentivize new products and intellectual
works to be created.
p2. there must be a system which allows for protection of these rights
p3. by promoting the creation and distribution of the intellectual works it promotes and benefits
society
c4 therefor we should implement an intellectual property rights system.
fair use allows people to use works for educational and news use or non-profit use. It can be
beneficial to society.
first sale allows some one who has purchased a work to be able to sell it or use it in any way that
does not violate propert rights.
Updated answer:
I actually was close to running out of time on the quiz and did not get a chance to fully answer the last
part of the question to justify fair use and first sale.
Fair use is justified for the utilitarian by allowing use of ones work it allows further exploration of the
idea or expression. When others can build up on the ideas or expressions then new creations of work
can be produced. For example authors who write books might need to refer to content or cite other
authors as to explain or inform their readers. If there were no fair use then it would be difficult for
authors and readers to try to piece together everything. Fair use simplifies in this situation.
First sale is important for utilitarians because without this rule, libraries, used bookstores, and videorentals could not exist. Copyright holders could restrict borrowing, rentals, second hand sales or
gifting of their products. This will greatly holdback the advancement of society.
Question 14
What is Locke's labor mixing argument for property rights (you can give any version) – be
sure to state the premises and conclusion. Also, present at least two limitations on acquisition
that Locke defends. Next, present and explain at least one problem for Locke’s justification of
property rights.
Your Answer:
p1. if one labors on something then it aquires property
p2. therefor a persone a
Updated answer:
I actually ran out of time on this portion of the quiz and my answer was incomplete. Locke’s argument
for labor mixing was that a person who labors on an unowned object has rights to that object.
P1. Individuals own their own bodies and the labor they produce.
P2. When the labor is performed on an object it is infused into the object and becomes part of the
object.
C1. Since it can’t be separated the laborer has expanded rights to control that object.
Locke does have limitations on the acquisition through labor. Two of them are:
1. A person can only acquire as many things as they can reasonably use.
2. A person who acquires must leave enough for the good of others.
One of the problems with Locke’s justifications is that why should a person be entitled to gain what
they mix with their labor instead of losing their labor? Locke would probably say that the person who
labored has created value. Some would argue objects have value independent of labor. Locke
believes that value is created by labor. For example an apple high up on a tree branch has no value
until it is picked. If it stays on a tree it can’t be enjoyed or consumed. When it is picked it can be
consumed and thus creates value.