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EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

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Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#71

Earlier quoted context omitted.

One does not even need jurisdiction in order to try someone for war crimes. The Kuala Lampur War Crimes Commission tried and convicted George W. Bush and Tony Blair for "crimes against peace" in 2011 under the principle of universal jurisdiction. Their sentence was to be entered into a register of war criminals to be published worldwide. http://en.wikipedia.org/wiki/Kuala_Lumpur_War_Crimes_Commiss...

> One does not even need jurisdiction in order to try someone for war crimes. Yes, one does. > The Kuala Lampur War Crimes Commission tried and convicted George W. Bush and Tony Blair for "crimes against peace" in 2011 under the principle of universal jurisdiction. Ignoring the question of the legitimacy of the KLWCC (as others have addressed that issue effectively), the principle of universal jurisdiction is a basis…

> the principle of universal jurisdiction is a basis under which to assert jurisdiction, so its use is an acknowledgement of the need to establish jurisdiction, rather than support for the claim that jurisdiction is unnecessary for such a trial.

Ah. I stand corrected.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#72

Earlier quoted context omitted.

I hereby accuse Hackernews user vinceguidry of war crimes for the publishing of propaganda. His trial will be held in one paragraphs time. In light over overwhelming evidence that vinceguidry has published news that is fallacious and quite frankly silly (The idea that GWB and Tony Blair are being held accountable for War Crimes because some self-appointed group of people in some backwards state can hold a war crimes…

I'm honestly failing to see why you're being downvoted and the parent comment isn't, considering that you're pretty much spot on as to why the KLWCC is pretty much irrelevant. Even the U.N. doesn't recognize them to be legitimate.

Oh come now. I never said the KLWCC was relevant. Or even legitimate for that matter. Certainly one could have figured that out from my post, which I admit to having a bit of fun with. I mean, who tries someone for war crimes and then sentences them to having their name put on a naughty list?

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#73
post #67
post #65

Earlier quoted context omitted.

> How do you know that? How can you prove that? come on, there's no need to be disingenuous - of course i cannot prove that. > Honestly, I wouldn't blame someone for stopping to read at that point. why? i don't believe that it's unreasonable to believe that another company would pick up a contract like that. > If (a) IBM is a company made up of people, and (b) people have morality, on what basis are you claiming IBM…

Your statements reflect fundamental flaws in your understanding of the subject matter. Expecting people to donate time to teach you the subject is pure entitlement. Read the SEP article. It's very easy to understand. Section 2.1 - the very first body section - is titled "Is the corporation a moral agent?" and should at least give you pause in publicly asserting they are not.

> Your statements reflect fundamental flaws in your understanding of the subject matter.

my opinions are based on my observations. i observe companies being immoral all the time. there are a few notable exceptions - i think google are generally good, tesla, valve, recently (and only recently) microsoft, maybe some others.

bear in mind, throughout my replies, i've given various (uncited, but i believe easily verifiable) examples of why i believe what i believe.

> Expecting people to donate time to teach you the subject is pure entitlement.

no, i expect people who engage in HN comments to engage in discussion. i've expressed my opinion. if you disagree with it, i expect that you explain why, or to say nothing. dismissing me as ignorant because i don't have a background in business ethics is not an explanation.

> Read the SEP article. It's very easy to understand. Section 2.1 - the very first body section

your arrogance is becoming outrageous.

i did read section 2.1, here are some things it said-

> If the corporation is a legal person, is it also a moral person? Anglo-American law takes no explicit position on this...

ok, so no legal position on the "morality" of a company.

> ... Thus, for French, corporations are both legal and moral persons, and hence moral agents in their own right.

ok, French seems to think they are. on the other hand, Velasquez has a different opinion -

> Attributing moral agency to corporations opens the door to the intuitively implausible conclusion that a corporation can be morally responsible for something no natural person connected with it is responsible for.

so, really, you're asserting that corporations are moral, citing this article as proof, when in fact, (at least in the section you have directed me to) the law makes no statement, and there appears to be no general consensus on the matter.

> and should at least give you pause in publicly asserting they are not.

indeed.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#74
post #48

Earlier quoted context omitted.

> But what we can do is force their goals to align with ours as much as possible. how can we force an entity the size of large corporations to do what we want? we simply can't. look at the broadband problem in america. or bankers golden parachutes. or any of the immoral actions taken by corporations. they are too large. once they get large enough, they have power over us, not the other way around.

We can by changing legal landscape. Actions of the EFF are part of this exact process. Not saying it's easy or that we have much chances now. I'm pessimistic about that.

we can only change the legal landscape for now. if we do punish IBM for their involvement in apartheid, what will it change for us now? we already recognise it was wrong. we can discourage others from doing similar actions now, but aside from that, i don't believe there is much else to be done.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#75
post #9

For those who might want a fuller description of IBM's active facilitation of these kinds of crimes, you should read Edwin Black's book, "IBM and the Holocaust". Those tattoo's on Holocaust victim's arms? They were serial numbers directly tied to IBM punchcards designed by IBM for the Third Reich. It gives context to former NSA chief Michael Hayden's comment, "We kill people with metadata".

http://homepage.cs.uiowa.edu/~jones/cards/history.html

"The use of punched cards in the Jacquard loom influenced Charles Babbage, who decided to use punched cards to control the sequence of computations in his proposed analytical engine. Unlike Hollerith's cards of 50 years later, which were handled in decks like playing cards, Babbage's punched cards were to be strung together like Jaquard's. Despite this and the fact that he never actually built an analytical engine, Babbage's proposed use of cards played a crucial role in later years, providing a precident that prevented Hollerith's company (and its successors) from claiming patent rights on the very idea of storing data on punched cards."

http://www.adbranch.com/how-ibm-helped-automate-the-nazi-dea...

http://www.scrapbookpages.com/AuschwitzScrapbook/History/Art...

"Auschwitz historians were originally convinced that there were no machines at Auschwitz, that all the prisoner documents were processed at a remote location, primarily because they could find no trace of the equipment in the area. They even speculated that the stamped forms from Auschwitz III were actually punched at the massive Hollerith service at Mauthausen concentration camp. Indeed, even the Farben Hollerith documents had been identified some time ago at Auschwitz, but were not understood as IBM printouts. That is, not until the Hollerith Büro itself was discovered. Archivists only found the Büro because it was listed in the I.G. Werk Auschwitz phone book on page 50. The phone extension was 4496. "I was looking for something else," recalls Auschwitz' Setkiewicz, "and there it was." Once the printouts were reexamined in the light of IBM punch card revelations, the connection became clear."

http://www.columbia.edu/cu/computinghistory/census-tabulator...

"And in this day and age of high resolution bitmapped displays with millions of colors, driven by the supercomputer-crushing performance of modern graphics hardware, your xterm window emulates an 80 column VT100 in order to provide some semblance of compatibility with 80 column Hollerith punched cards that date to the 1920s and were common on the IBM 1604."

http://www.quadibloc.com/comp/cardint.htm

Windows command prompts and xterm windows have a default width whose lineage traces back to 1801 (or earlier if the loom's history is considered).

It is painful to learn how our industry (software and computational hardware) can and have been abused for such unfathomably despicable, misguided purposes.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#76

Earlier quoted context omitted.

I'm honestly failing to see why you're being downvoted and the parent comment isn't, considering that you're pretty much spot on as to why the KLWCC is pretty much irrelevant. Even the U.N. doesn't recognize them to be legitimate.

Because I used snark, which is no longer an acceptable means of communication as more companies introduce "No Jerks" (I.E. No dissent, no judgement) policies.

I suppose that means your comment was "Not Safe For Work" ;)

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#77

Earlier quoted context omitted.

I'm honestly failing to see why you're being downvoted and the parent comment isn't, considering that you're pretty much spot on as to why the KLWCC is pretty much irrelevant. Even the U.N. doesn't recognize them to be legitimate.

Oh come now. I never said the KLWCC was relevant . Or even legitimate for that matter. Certainly one could have figured that out from my post, which I admit to having a bit of fun with. I mean, who tries someone for war crimes and then sentences them to having their name put on a naughty list?

> who tries someone for war crimes and then sentences them to having their name put on a naughty list?

The 4th Prime Minister of Malaysia; that's who. ;)

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#78
post #9

For those who might want a fuller description of IBM's active facilitation of these kinds of crimes, you should read Edwin Black's book, "IBM and the Holocaust". Those tattoo's on Holocaust victim's arms? They were serial numbers directly tied to IBM punchcards designed by IBM for the Third Reich. It gives context to former NSA chief Michael Hayden's comment, "We kill people with metadata".

I've read the Edwin Black book - he makes a reasonably compelling but nearly completely circumstantial case.

The case against IBM could be made against any multinational of the era, like Ford and General Motors. The fact that IBM's business was information processing does not add or subtract to their level of supposed conspiracy.

From the time of declaration of war (against the US), all american companies were hands off - even before that the relationship between Dehomag and IBM NY became more and more distant from 1933 on.

Beyond that, the technology was not held by IBM alone, Powers/Remington-Rand and Siemens and Halkse also had similar equipment and technology - so while IBM may have been the market leader, they were by no means alone - and choosing IBM over Powers in my mind is different than buying a Ford-werke truck over an Opel one.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#79

I'm sorry, but I'm failing to see how IBM actively facilitated anything other than being able to more effectively process information on citizens - something that most modern countries either already have or very strongly desire. the national identification system was highly customized, requiring close collaboration with the South African government; So are most IBM products on a large scale. This is no different fro…

I agree with you, the charge holds about as much water as a colander. I feel much the same way about the charges against IBM and the Holocaust.

Re: EFF Files Brief in Case to Hold IBM Responsible for Facilitating Apartheid

#80
post #73
post #67

Earlier quoted context omitted.

Your statements reflect fundamental flaws in your understanding of the subject matter. Expecting people to donate time to teach you the subject is pure entitlement. Read the SEP article. It's very easy to understand. Section 2.1 - the very first body section - is titled "Is the corporation a moral agent?" and should at least give you pause in publicly asserting they are not.

> Your statements reflect fundamental flaws in your understanding of the subject matter. my opinions are based on my observations. i observe companies being immoral all the time. there are a few notable exceptions - i think google are generally good, tesla, valve, recently (and only recently) microsoft, maybe some others. bear in mind, throughout my replies, i've given various (uncited, but i believe easily verifiabl…

Consider the question of why someone would want to teach you this subject, when you are combative at every turn. I did not assert corporations are moral agents. This is not a debate beyond an invitation to adopt intellectual humility on this subject, about which you do not claim to know anything.
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