My Answers to HWcase1, Q3

 

Q3. Write up your case on your blog with the following subheadings:

• “The facts of the case.” Here is where you describe the case in your own words.

• “Analysis.” Examine the case in terms of the consequentialist and deontological approaches.

• “Conclusions.” 

• “Future environment.” Describe your vision of a future in which technology is more advanced than today, or society has changed in some significant way.

• “Future scenario.” Describe how this ethical case (or an analogous one) would or should play out in the environment of the future, and give your opinions about it.

Answer:

The facts of the case. The case’s origin is a dispute between LUCASFILM and HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA. HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA have been accused by LUCASFILM of using the “STAR WARS” franchise to promote military space weaponry. LUCASFILM pleads that HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA knowingly tarnishes the franchise’s reputation by referring to their military operation as “star wars”. LUCASFILM ends up losing the dispute because the words “star” and “wars” are in the common domain. Their secondary meaning related to the franchise does not warrant the use of “STAR WARS” copyright. 

 

Analysis. HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA were obviously in the wrong in this case. The franchise “STAR WARS” is extremely popular and it is difficult not to find correlation between the franchise and the operation they referred to as “Star Wars”. What LUCASFILM tried to do seems right, however, instead of protecting the fans of the franchise their main objective was likely to prevent its decrease in popularity. The correlation between “Star Wars” and LUCASFILM’s “STAR WARS” could have been detrimental to the movie franchise.

 

Conclusions. LUCASFILM did not win this case because HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA had done exactly enough to skim the line of the copyright while reaping the benefits. LUCASFILM was unprepared and unable to create a solid case to receive the outcome they sought.

 

Future Environment. Technology in the entertainment industry is more advanced. Movies would look better and have a better plot. Movies would become more accessible. People would not have to sit in a theater to watch a movie. Streaming technology would be top-notch. This would draw in more profits and actors. But movies would become more expensive, increasing the need for proper protection of their product. Movie franchises would have many more fans because of their improvement. This would grant them more power.

 

Future scenario. In a future where technology is more advanced, LUCASFILM would have won this case. The popularity of “STAR WARS” would be at an unprecedented level giving LUCASFILM tremendous power. With that power they would be able to sway the case in their favor. The platform for the case would be much bigger, meaning it would be more important to protect the “STAR WARS” franchise than it was back then. The court would be more understanding of this, so HIGH FRONTIER and COMMITTEE FOR A STRONG, PEACEFUL AMERICA would not get away with this blatant manipulation.