Monopolizing Computer Software Markets, Essay Example

Categorizing The Ethical Dilemma

The basic ethical dilemma presented in the case of the Association for Competitive Technology (ACT), Mr. Lawrence J. Ellison, chairman of the Oracle Corporation, and Mrs. Lopez, an employee of Group International (GP), fits into two broad ethical categories–1), buying influence and/or engaging in a conflict of interest, and 2), condoning unethical actions and/or behaviors.

Perspectives On the Case

Category #1 pertains to Blanca Lopez who as an employee of Group International which was hired by Mr. Ellison in order to locate information on Microsoft and ACT, attempted to bribe the janitors employed by ACT via a first offer of $50 to $60 and a second offer of $500 each and an extra $200 for the supervisor as payment for allowing her to go through ACT’s trash to find sensitive and possibly damaging evidence against Microsoft. Obviously, the janitors at ACT possessed more ethical principles and values than Mrs. Lopez, due to refusing both of her cash offers.

Category #2 pertains to Mr. Ellison, the chairman of the Oracle Corporation which just happens to be one of Microsoft’s fiercest competitors in the world of computer software design and manufacturing. Mr. Ellison’s first unethical action was hiring Group International in order to spy on Microsoft in the hopes of obtaining some damaging information related to the Microsoft Anti-Trust case of 1998 when the U.S. Department of Justice, twenty State Attorney Generals, and the District of Columbia filed a lawsuit against Microsoft for “engaging in multiple anti-competitive acts” and for violating the terms of the Sherman Anti-Trust Act of 1890 related to “using its monopoly with Windows 95 to dominate the Internet browser market” (Basala 5). Mr. Ellison’s second unethical action was condoning the actions of Mrs. Lopez related to offering bribes to the janitors of ACT.

Possible Rationalizations

For Mr. Ellison, his rationale or better yet his excuse for acting unethically was that he thought it was his civic duty to bring the facts about Microsoft’s anti-trust lawsuit into the public arena. In other words, Mr. Ellison viewed his actions as being a public service or acting for the good of society. In truth, because Mr. Ellison is the chairman of the Oracle Corporation, it is obvious that he was attempting to discredit the Microsoft Corporation by locating sensitive information that could potentially harm Microsoft via the federal lawsuit of 1998. If he had been successful, the Oracle Corporation would have had a great deal to gain, due to being one of Microsoft’s main competitors in the field of software manufacturing.

Also, Mr. Ellison rationalized that the information he was seeking was simply hidden, an indication that he thought Microsoft was attempting to cover up the truth. This raises an important question–why would Microsoft throw sensitive information in the trash if it was indeed trying to cover up the truth?

As for Mrs. Lopez, her rationale was based upon explaining to the janitors of ACT that she was working on a criminal case when in fact she had been hired by Group International to attempt to bribe the janitors to obtain information from ACT’s trash. Exactly what Mrs. Lopez was looking for was sensitive data and documentation that could potentially ruin Microsoft by being convicted of monopolizing the computer software market. Also, Mrs. Lopez had a great deal to gain, for she was certainly paid quite handsomely by Group International.

Ethical Models & Resolution

If Mr. Ellison and Mrs. Lopez wished to resolve their unethical acts to the Microsoft anti-trust lawsuit, two ethical models would serve them quite well–the Laura Nash Perspective and the Front Page of the Newspaper test. The first model would have Mr. Ellison asking himself how he might feel if he was on the other side of the fence, in this case as Microsoft instead of as the chairman of the Oracle Corporation. For example, if Mr. Ellison thought long and hard, he would probably find it unethical to spy on Microsoft for the benefit of the Oracle Corporation and its stakeholders. Perhaps too Mr. Ellison would find his actions as bordering on arrogance instead of labeling his actions as a public service.

As for Mrs. Lopez, the Front Page of the Newspaper test would serve her quite well if she wished to resolve her unethical behavior related to the bribes to ACT’s janitors. All she would have to do is envision the front page headline proclaiming “Lopez Guilty of Bribery for Group International” which certainly would destroy her career as a spy and infiltrator for GI and as an attorney.

Overall then, the unethical actions of Mr. Ellison, Mrs. Lopez, and the Oracle Corporation are certainly nothing new, for this kind of unethical behavior occurs much too frequently in today’s business world, especially when the destruction of a competitor like Microsoft could mean future success and more profits for the Oracle Corporation, not to mention a boost in the careers of Mr. Ellison and Mrs. Lopez.

Works Cited

Basala, Carey C. “Antitrust Lawsuits Against Microsoft for Monopolizing Computer Software Markets.” SANS Institute. 2001. Web. Accessed 12 November 2014. http://www.giac.org/paper/gsec/1579/antitrust-lawsuits-microsoft-monopolizing-computer-software-markets/101236.