Credit Where It’s Due: The Law and Norms of Attribution

The reputation we develop by receiving credit for the work we do proves to the world the nature of our human capital. If professional reputation were property, it would be the most valuable property that most people own because much human capital is difficult to measure. Although attribution is ubiquitous and important, it is largely unregulated by law. In the absence of law, economic sectors that value attribution have devised non-property regimes founded on social norms to acknowledge and reward employee effort and to attribute responsibility for the success or failure of products and projects. Extant contract-based and norms-based attribution regimes fail optimally to protect attribution interests. This article proposes a new approach to employment contracts designed to shore up the desirable characteristics of existing norms-based attribution systems while allowing legal intervention in cases of market failure. The right to public attribution would be waivable upon proof of a procedurally fair negotiation. The right to attribution necessary to build human capital, however, would be inalienable. Unlike an intellectual property right, attribution rights would not be enforced by restricting access to the misattributed work itself; the only remedy would be for the lost value of human capital. The variation in attribution norms that currently exists in different workplace cultures can and should be preserved through the proposed contract approach. The proposal strikes an appropriate balance between expansive and narrow legal protections for workplace knowledge and, in that respect, addresses one of the most vexing current debates at the intersection of intellectual property and employment law

'Too far ahead of its time': Britain, Burroughs and real-time banking in the 1960s

In 1969, the popular British television programme, Tomorrow's World, featured an item that predicted point of sale terminals in every high street shop ushering in the country's computerised cashless economy. The basis for the show's prediction was a succession of ambitious projects initiated by the British banks, each with the aim of introducing a new real-time computer banking system to its network of branches by 15 February 1971. The banks, threatened by state-sponsored competition, inspired by the success of SABRE, American Airlines' real-time airline reservations system, and pressured by forthcoming decimalisation, all chose 'D-Day' as their immovable deadline. And, in each case, US computer manufacturer, Burroughs, promised a B8500 central super computer linked to a nationwide network of TC500 intelligent terminal satellites. Perhaps unsurprisingly for Tomorrow's World, the programme's predicted coming of the cashless society was wildly optimistic. But so too, it turned out, were the plans of the banks. Real-time banking in Britain never materialised in the 1970s, let alone by February 1971, as one by one the banks abandoned their plans. In this paper, I revisit the case of Burroughs and Barclays Bank. Blending oral testimonies with archival sources, I explore a consumer perspective of coterminous computing labour as the two companies set about making the idea of real-time banking a reality. I reveal how a community of practice made up of Barclays' computer programmers and Burroughs' engineers was able to transgress established business boundaries in pursuit of a technical ideal, only to eventually become architect of its own fate. The co-construction and 'interpretive flexibility' of this technological failure is considered in light of the existing literature, with particular attention given to the attribution of blame. In this case, where there was attribution, it was judged to have lain with the technology, which was simply regarded as 'too far ahead of its time.ï¿

Too far ahead of its time: Barclays, Burroughs and real-time banking

The historiography of computing has until now considered real-time computing in banking as predicated on the possibilities of networked ATMs in the 1970s. This article reveals a different story. It exposes the failed bid by Barclays and Burroughs to make real time a reality for British banking in the 1960s

Software Development: Cowboy or Samurai

Much has been written about the failure of software development projects. The importance of good software to business cannot be underestimated. A major issue is quality of the software being written and produced. Over the years, the emphasis for improvement in software development has been to change the process. Unified Modeling Language is but one of a long line of changes in software development process starting with structured programming introduced in the seventies to object oriented programming in nineties. However, several software development experts have begun to assert that the problem may not be with the process employed but rather the human asset, namely the software developer. This paper discusses two extremes of software developer behaviors. These two ends of the spectrum are the cowboy, free of restrictions, and the Samurai, following a strict code of behavior. The paper first presents the characteristics of the cowboy and the Samurai then the paper compares the development environment within which each behavior is suitable. The paper concludes with a summary and industry observations

Effects of Team-Based Computer Interaction: The Media Equation and Game Design Considerations

The current paper applies media equation research to video game de-sign. The paper presents a review of the existing media equation research, de-scribes a specific study conducted by the authors, discusses how the findings of the study can be used to inform future game design, and explores how other media equation findings might be incorporated into game design. The specific study, discussed in detail in the paper, explores the notion of team formation between humans and computer team-mates. The results show that while highly experienced users will accept a computer as a team-mate, they tend to react more negatively towards the computer than to human teammates (a ‘Black Sheep’ Effect

Punishing Artificial Intelligence: Legal Fiction or Science Fiction

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime

Happy software developers solve problems better: psychological measurements in empirical software engineering

For more than 30 years, it has been claimed that a way to improve software developers' productivity and software quality is to focus on people and to provide incentives to make developers satisfied and happy. This claim has rarely been verified in software engineering research, which faces an additional challenge in comparison to more traditional engineering fields: software development is an intellectual activity and is dominated by often-neglected human aspects. Among the skills required for software development, developers must possess high analytical problem-solving skills and creativity for the software construction process. According to psychology research, affects-emotions and moods-deeply influence the cognitive processing abilities and performance of workers, including creativity and analytical problem solving. Nonetheless, little research has investigated the correlation between the affective states, creativity, and analytical problem-solving performance of programmers. This article echoes the call to employ psychological measurements in software engineering research. We report a study with 42 participants to investigate the relationship between the affective states, creativity, and analytical problem-solving skills of software developers. The results offer support for the claim that happy developers are indeed better problem solvers in terms of their analytical abilities. The following contributions are made by this study: (1) providing a better understanding of the impact of affective states on the creativity and analytical problem-solving capacities of developers, (2) introducing and validating psychological measurements, theories, and concepts of affective states, creativity, and analytical-problem-solving skills in empirical software engineering, and (3) raising the need for studying the human factors of software engineering by employing a multidisciplinary viewpoint.Comment: 33 pages, 11 figures, published at Peer

The Ethical Visions of Copyright Law

This symposium essay explores the imagined ethics of copyright: the ethical stories that people tell to justify, make sense of, and challenge copyright law. Such ethical visions are everywhere in intellectual property discourse, and legal scholarship ought to pay more attention to them. The essay focuses on a deontic vision of reciprocity in the author-audience relationship, a set of linked claims that authors and audiences ought to respect each other and express this respect through voluntary transactions. Versions of this default ethical vision animate groups as seemingly antagonistic as the music industry, file sharers, free software advocates, and Creative Commons. Respect copyrights, Don\u27t sue your customers, Software should be free, and I love to share are all ethical claims about copyright that share some common intuitions, even as they draw very different conclusions. The essay provides a framework for thinking about these ethical visions of intellectual property and then puts these various visions into conversation with each other

The Potential of Digital Tools in Art Lessons at Junior School Level to Improve Artistic Ability Using Tamazight Fonts

The aim of this research is to explore how pupils in art classes can use creative digital art tools to redesign Tamazight fonts, in order to develop children’s artistic creativity, enable them to learn about a new culture, and to help the teacher assess the creativity of pupils in the art class. It can also help students to improve their talents in drawing. The study could relate to research in Libya among the Amazigh people (better known as Berber) and possibly the development of Tamazight fonts with new uses in art. The research involved students aged 9-10 years old working with digital art tools, and was designed to explore the potential of digital technology by discovering suitable tools and techniques to develop children’s artistic performance using Tamazight fonts. The project also sought to show the aesthetic aspects of these characters and to stimulate the artistic creativity of these young people