It is clear that the decision by software developers to include licence agreements in their software has affected the community; before copyright law had been updated to cater for the requirements of the emerging software market, the licence agreements aimed to protect the creative diversity of the industry and allowing alternative solutions to problems to be developed, ultimately providing the consumer with greater choice when it came to finding a software solution suitable for their specific situation. However, the potential cost of licensing can affect the world community's opportunity for technological equality and advancement.
Social and ethical considerations are implicit also in designing the content and purpose of software. In deciding what to include in software, and how that software may be used, developers must be wary of excluding minority groups, and must constantly evaluate the ethicality and possible social effects of their work.
An example of software built for questionable purposes is the relatively recent emergence and popularity of online file-sharing programs. These applications allow users to download directly from other users' computers all manner of computer files, and upload files of their own to others. Such programs include Napster (1999), Kazaa Media Desktop (2001) and Limewire (2001).
Napster, being one of the first major successes of peer-to-peer file-sharing (whereby users download from other users, rather than centralised servers), is often thought of as the originator and catalyst for the medium's current popularity. However, Napster was originally perceived as a program ideally suited to sharing copyrighted materials illegally, specifically commercial music and film.
In a series of infamous legal cases, the creators of Napster were accused of encouraging illegal piracy of commercial music. In July of 2001, the entire network was shut down in order to comply with a court order that Napster was to take action to prevent illegal copyright breach by its users.
The implementation of software that allowed users to, often unwittingly, illegally copy music from others is an arguably unethical decision. Many believe that the creators of programs like Napster should incorporate some sort of protection against such activities. Even if the intended purpose of the software is not to encourage distribution of pirate media, the design of the program to facilitate this distribution may be deemed an irresponsible act. Although some debate surrounds the exact effect of illegal file-sharing on the artistic industries, it is estimated that annual worldwide record sales dropped from US$38 billion to US$30 billion between 1998 and 2003, with falls of 30% and 50% in Canada and Denmark respectively7. If these declines are attributed to an increase in illegal music piracy through file-sharing networks, then the software engineers responsible for developing the file-sharing applications, by deciding to include no safeguards against copyright infringement, are also responsible for the economic damage sustained by the recording industry.
Kazaa Media Desktop was part of the second generation of file-sharing programs developed8, and was notorious for the inclusion of bundled adware and spyware.
The purposes of adware and spyware are themselves somewhat dubious. As defined by Webopedia, spyware “covertly gathers user information through the user's internet9. Adware is a sub-category of spyware that gathers information specifically for the purposes of providing targeted advertising to the user, usually through pop-up windows, web banners and conspicuous off-site links. Covertly monitoring user activity is widely seen as a threat to privacy, and software designed for this purpose seems similarly threatening. The decision to produce such software, and to stealthily include or "piggy-back" the monitoring software with other applications can affect a feeling of insecurity and distrust of the computing industry amongst the general community. To return to the ACM's Code of Ethics and Professional Practice, principle 6 states that “software engineers shall advance the integrity and reputation of the profession”, and it is clear that invading the privacy of users by collecting information about their usage habits (especially without their knowledge and consent) is at odds with this section of the Code.
The inclusion of such "malware" (malicious software) without explicitly informing the user of the precise function of the programs through some form of program documentation could also be considered highly irresponsible conduct. In the case of Kazaa, the licence agreement the user accepted during installation merely stated that “Kazaa is a free download which is supported by advertising partners and applications”, and that "Cydoor" (one piece of adware responsible for the display of targeted web banners) “shows banners and pop-up ads within Kazaa”. The documentation failed to advise that the Cydoor software monitored browser habits, and used the information to serve the targeted ads.11
Apart from specifically stating the exact purposes of a piece of software, ethically and socially responsible software user documentation should also include information on the technical demands of the application, the safe and intended use of the application, and be in a non-discriminatory format. For example, the multi-cultural nature of today's society makes it necessary for multi-lingual user documentation to be at least accessible (i.e. electronic or internet versions), if not provided by default. Of course, only providing on-line versions of such documentation excludes those who do not have internet access, and so is still a partially discriminatory option.
