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Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by jltsiren on Wednesday September 27, 2023 @06:44PM (#37682452)
> I know it's easy to look at Jerry as "the bad guy" in this situation, but he is simply reacting to his incentives

The way you react to incentives determines your moral character. If an action is harmful on its own, it doesn't become any less harmful if you also stand to gain from it.

Companies are amoral and lack human agency, and hence they cannot be held morally responsible for their actions. The responsibility lies with the people making the decisions within the company. And not just the people on the top, but also the people making the day-to-day choices that transform the strategic decisions into reality.

(See also: Eichmann in Jerusalem: A Report on the Banality of Evil)

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by NegativeK on Wednesday September 27, 2023 @06:55PM (#37682587)
People continue to parrot the phrase that corporations are typically beholden to their shareholders to maximize profit.

We also know from the prison experiments that people have a really hard time not falling into evil behavior when it's expected.

But I agree: neither of those facts absolve every individual in any organization anywhere from doing the wrong thing. Even if someone else would step in to your spot and do the wrong thing, it's still your responsibility.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by jdiff on Wednesday September 27, 2023 @07:02PM (#37682669)
The prison experiments are long debunked. It required lying to and manipulating the guards and has never been successfully replicated. They had to be pushed and coerced into evil behavior when they were explicitly being told it was not just expected but required.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by a123b456c on Wednesday September 27, 2023 @07:45PM (#37683135)
Plus, no control group. Not an experiment.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by sofixa on Thursday September 28, 2023 @09:57AM (#37689678)
Doesn't matter, we have real world proof of the same thanks to Nazi Germany (they were good for something I guess).

The book Ordinary Men, based on which there's a Netflix documentary too, follows the story of a bunch of police reservists (basically regular men, in their 50s, from Hamburg, who were too old to be conscripted in the army, so were conscripted in the police for "police duties"). They were regular people, with families and stuff, mostly dockworkers so probably leaned left before the rise of Nazis, but were sent to commit massacres in Poland and they did it. Some struggled, especially after the first ones, but later on it just became normal. Those were regular people, not some crazy Nazi fanatics convinced Jews and Poles were subhuman. One of them convinced himself to target children for murder, because it was merciful - you see, they would die on their own without their parents (which were murdered by his colleagues), so giving them a quick death was mercy. He had kids himself too.

Harrowing stuff, but quite decent proof that humans are capable of anything. Nobody is born a monster, but can become one in the wrong circumstances and through bad personal choices.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by froggit on Friday September 29, 2023 @03:08PM (#37708829)
What in the actual fuck? Are we serious with these implications that Jerry is suffering from the same thought processes that Nazi war criminals used to justify crimes against humanity? It took all of 7 posts and "Jerry from the Ads team" to become "Jerry from the Gestapo."

He's not at the bottom of some slippery slope, a husk of a human leftover from plunging into darkness. He's on the Ads team doing what he's supposed to: making money from Ads. There's a difference between doing something because it's "what you're told" and doing it because it's the right thing for you to be doing. The right thing for Jerry just happens to be a major inconvenience for Anil.

This is an oversimplified apples-to-chickens kind of comparison, but I worked a cybersecurity job where the right thing for me was keeping the firewall up, but Network/IT administration made it clear they found it inconvenient. After leaving, I learned a Network admin DID take down the firewall and that was a bigger inconvenience. Everyone ultimately wants the same end result and pushing your team's priorities is how you contribute; it doesn't make you "bad."

It'd be a bit different if Jerry was out finding children so he could kill them, dismember them and sew their skin into his clothing. But at least he seems considerate enough that he'd do it in that order.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by omgsharks on Thursday September 28, 2023 @01:29PM (#37692852)
Isn’t pushing and coercing what’s going on here too though?

With the company setting expectations and requirements while people’s job/career hinges on it.

I would consider Jerry as being corporately coerced here and thus more inclined to act immoraly.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by chii on Wednesday September 27, 2023 @07:25PM (#37682890)
> it's still your responsibility.

it's not, in the sense of social darwinian competition.

If i stand to lose money, or have to sacrifice something in order to be "moral" when my "competitor" doesn't and thus gain an advantage towards me, i cannot be moral.

That's why my rule is: if it's not illegal, it's moral.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by Retric on Wednesday September 27, 2023 @07:32PM (#37682977)
Mortality optimizes across longer time horizons than this individual moment.

If you can steal something and with very high probability not get caught then there’s seemingly a net benefit. However, if you start to steal regularly the odds you get caught are much higher than the most common probability * the number of times you steal. This is true across a wide range of unethical behavior.

Try to remember you lack perfect information and so can’t accurately judge the odds every time. Thus regularly taking low probability risks to your reputation and chances are you’re going to miss judge some of those risks.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by NegativeK on Wednesday September 27, 2023 @08:16PM (#37683462)
That sounds like a dystopian hellscape.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by 20after4 on Wednesday September 27, 2023 @08:51PM (#37683751)
It's the dystopian hellscape that we live in.
[dead]
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by dang on Friday September 29, 2023 @12:59AM (#37699450)
We've banned this account. If the comment were just a one-off, I'd post a warning instead, but you've not been using the site as intended in other places either.

If you don't want to be banned, you're welcome to email [email protected] and give us reason to believe that you'll follow the rules in the future. They're here: https://news.ycombinator.com/newsguidelines.html.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by burnished on Wednesday September 27, 2023 @08:49PM (#37683742)
First, that isnt a system of morality.

But moving past that I think you've missed some nuance on morals (or more generally social norms) - they help prevent the degenerate race to the bottom you're referencing. Its upsetting but pragmatic to nullify relative advantage by engaging in shitty behavior, but if you're frequently justifying behavior by citing hypothetical competitors then you're just shitting the place up for everyone by starting that race.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by dang on Friday September 29, 2023 @12:59AM (#37699449)
Please don't post flamebait to HN.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by philipov on Wednesday September 27, 2023 @07:50PM (#37683194)
I really enjoyed this talk on the history of big-retail lobbying.

https://www.youtube.com/watch?v=Fj0dBCooWGo

It has a lot to say about the notion that corporations are beholden to shareholders to maximize profits. Who they're really beholden to are 80s-era corporate raiders who changed corporate culture by enforcing the Shareholder Capitalism model at financial gunpoint.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by brookst on Wednesday September 27, 2023 @11:42PM (#37684973)
The whole “companies must maximize profits at all costs” thing is false, fake, untrue.

It’s easy to prove: if true, it would be illegal for companies to do any philanthropy at all. They do, out of some mix of brand building and PR and whatever, but obviously those same principles can be applied to any other policy that seeks to increase NPV of future profits at the expense of this quarter.

Companies can and do pass up revenue opportunities and that is fine and legal.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by nielsbot on Wednesday September 27, 2023 @11:51PM (#37685030)
even if it’s only 90% true it can still a useful characterization of corporations

also, I think a lot of corporations do philanthropy as advertising, hoping it will be in a positive effect on revenue. So, still doing everything for the bottom line

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by philistine on Thursday September 28, 2023 @01:13AM (#37685484)
It has to be debunked and people need to stop using it because whenever its brought up, its never as a thought exercice or as a 90% thing. It's always brought up as the exact truth.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by anticensor on Thursday September 28, 2023 @01:45AM (#37685703)
Swedish Aktienbolaget are actually required to maximise their profits, but not necessarily in the immediate term.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @03:44AM (#37686554)
Philanthropy helps revenue by converting those actions into lower taxes for the companies that do philanthropy.

It is still about profits at the end of the day.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by unmole on Thursday September 28, 2023 @06:26AM (#37687618)
> Philanthropy helps revenue by converting those actions into lower taxes for the companies that do philanthropy.

This makes zero sense.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @06:33AM (#37687663)
This is how a capitalist society works, regardless if it makes sense or not.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by unmole on Thursday September 28, 2023 @08:00AM (#37688339)
Revenue is income generated through business operations. Profit is what remains after deducting expenses from revenue. Taxes are paid on profit. Philanthropy reduces profit and thereby reduces taxes. Reducing taxes does not help revenue in any way.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @08:27AM (#37688635)
Words play, what matters is that amount of money left in the bank to distribute among company owners.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by UncleMeat on Thursday September 28, 2023 @09:19AM (#37689207)
Which is lower after philanthropic giving.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @12:59PM (#37692449)
Depending on the jurisdiction.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by UncleMeat on Thursday September 28, 2023 @03:39PM (#37694684)
Which jurisdictions give you $X back on your taxes if you donate $X to charitable organizations?
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by unmole on Thursday September 28, 2023 @10:18AM (#37689949)
> Words play

And when you use words incorrectly, you don't make any sense.

If the tax rate is 30% and I have 100 dollars in profit, I will have 70 dollars left in the bank. Instead, if I donate 10 dollars and write it off, I will still have to pay 27 dollars in taxes, leaving me with only 63 dollars.

So, it's not just about words. Your comment is fundamentally wrong.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @12:58PM (#37692443)
Depending on the jurisdiction.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by squeaky-clean on Thursday September 28, 2023 @09:32PM (#37698259)
There are no jurisdiction with a >100% tax rate.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by unmole on Thursday September 28, 2023 @10:44PM (#37698714)
Sure, if you're talking about Narnia.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by squeaky-clean on Thursday September 28, 2023 @09:30PM (#37698241)
> what matters is that amount of money left in the bank to distribute among company owners.

It would still be lower with the philanthropy and tax deductions, rather than not doing the philanthropy and paying more taxes. You can never get a bigger tax reduction than the amount you're putting in. The only way that would be possible is if tax rates exceeded 100%.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by robertlagrant on Thursday September 28, 2023 @09:35AM (#37689394)
Philanthropy is a concept from a capitalist(-like) situation. If your government is taking everyone's stuff and redistributing it, you aren't being philanthropic.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by pjmlp on Thursday September 28, 2023 @01:00PM (#37692460)
That's the trick regarding public image, and actual intent.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by maxwell on Thursday September 28, 2023 @08:10AM (#37688434)
Corporations must operate in the interests of their shareholders but business judgment that directors may exercise is expansive, at least in the state of Delaware.

Meaning they can sponsor a little league team but most certainly can't raise wages, lower prices, and cut dividends (Ford v. Dodge). In turn, they can't go so far as to knowingly compromise safety in pursuit of saving a few bucks per unit (Grimshaw v. Ford).

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by dml2135 on Thursday September 28, 2023 @09:22AM (#37689248)
> but most certainly can't raise wages, lower prices, and cut dividends (Ford v. Dodge)

Can you summarize this case? I don’t understand why corporations would be prevented from doing this. Couldn’t you always make the case that lowering prices or increasing wages are in the long term interest of shareholders, with the goal of increasing market share?

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by maxwell on Thursday September 28, 2023 @11:15AM (#37690786)
I'm not a law talkin' guy or member of any bar cartel.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by maxwell on Thursday September 28, 2023 @01:35PM (#37692923)
That said, it sounds like Henry Ford expressed that he wanted to hire more people, make up for lower prices with volume, and invest in more plants, but seemed also motivated by cutting off dividend payments to the Dodge bros. Their payments had reached a megadollar a year, after initially putting in 10 kilobucks for 10%, and Ford correctly suspected they were using the payments to fund a rival car company. Courts ruled he couldn't cut off dividends so he bought everybody out.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by sofixa on Thursday September 28, 2023 @09:58AM (#37689685)
> In turn, they can't go so far as to knowingly compromise safety in pursuit of saving a few bucks per unit (Grimshaw v. Ford).

Boeing execs that got away with negligence that killed people are laughing all the way to their golden toilets.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by brookst on Friday September 29, 2023 @11:58AM (#37706129)
As GGC points out, Ford v. Dodge was about anticompetitive practices, not arbitrary increases to wages.

Companies are 100% free to double wages at random. It is possible shareholders will sue (“everything is securities fraud”), but that’s a dispute about whether the action was in the best interests of shareholders in the long term.

It remains 100% false that companies must maximize corporate profits, especially short term.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by probably_a_gpt on Thursday September 28, 2023 @04:45PM (#37695585)
The argument that companies must focus on profit and expansion to remain competitive is rooted in the principles of free markets and competition. In a capitalist system, businesses operate in an environment where they are constantly vying for customers and market share. If a company fails to prioritize profit and growth, it risks being out-competed by more aggressive and efficient competitors.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by octacat on Friday September 29, 2023 @05:32AM (#37701276)
> it would be illegal for companies to do any philanthropy at all.

Most of philanthropy is free marketing with tax deductible spendings sadly. I.e. smart marketing and creative accounting, so they spend a little to gain much more in return.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by brookst on Friday September 29, 2023 @11:54AM (#37706081)
Tax deductions are not tax credits. The company is still out of pocket money. Which, if this canard were true, would be illegal.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by octacat on Friday September 29, 2023 @05:29AM (#37701262)
More like "not just become evil, but also be actively punished for not to comply". Same with nazis below - if you go against, you risk to go to jail/die. Same with corpo CEOs - if they fail to maximise the profit, they would get fired and replaced. Or if they take risk to not copycat other companies.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by asddubs on Wednesday September 27, 2023 @08:42PM (#37683671)
this is true but it's also worth noting that people who are going to take a moral stance about this kind of thing are not going to last in those positions. this fact does not absolve jerry at all, of course.
Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by skywal_l on Thursday September 28, 2023 @10:37AM (#37690193)
Kind of disagree. Employees, whatever their rank (except maybe at the very top) cannot be help responsible for the very simple fact that the purpose of a company is to maximize shareholders values.

It's up to the government (meaning us) to make sure that there are guardrails so this search for profit do not negatively impact society.

And this is exactly what the government is doing with this lawsuit.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by jltsiren on Thursday September 28, 2023 @09:03PM (#37698057)
A long time ago, when I was doing my mandatory military service, we were told about situations where we were not allowed to follow the orders of our superiors. Even in the military, we were expected to think for ourselves, make our own decisions, and take responsibility for our actions.

Employees are human beings and not property of their employers. As long as you are responsible for your actions outside work, you are also responsible while at work.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by skywal_l on Friday September 29, 2023 @03:57AM (#37700612)
I understand your point and yes, personal responsibility is important and in the military, where people are not easily replaceable in the heat of action, especially in times of war, your point is absolutely valid. But what would have happen in that case if Jerry or Anil had quit in protest? Some other dude would have taken their place.

People will act based on ethical standards that are derived from their cultural environment. Since the 70s/80s, the American society (and more generally the entire developed world) has been reorganized around ultra-liberal Chicago style view of the economy and especially the Friedman doctrine [0]. It is impossible (or comes with incredible personal cost) for an individual to go against the cultural grain. In this context, personal responsibility can never be a proper substitution to our collective responsibility as citizens.

The silly notion of the heroic individual fighting against corruption, evil doing or whatnot is dangerous. Everyone of us is responsible for the world we live in, not Jerry in marketing. The law that we indirectly vote for and the one who enforce them on our behalf are the only true and meaningful weapons against our societies decadence.

And these actions against Google and Amazon will show were we stand in that fight.

[0] https://en.wikipedia.org/wiki/Friedman_doctrine

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by jltsiren on Friday September 29, 2023 @05:09AM (#37701123)
Have you ever voted in an election? That's basically the same situation. Voting is almost certainly waste of time, because a single vote is very unlikely to matter.

You don't make the right choice with the expectation that it will change anything, but because it's the right thing to do. If you are not willing to make the right choice if may cost you something, you have no right to expect that anyone will do it in any situation. If you are not willing to do that, you choose to believe in a society where everyone is a selfish asshole. In a society like that, there is no such thing as our collective responsibility as citizens.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by skywal_l on Friday September 29, 2023 @05:35AM (#37701295)
> Have you ever voted in an election?

I have voted in every election I had the opportunity to vote, including union election. And yes I think it matters. But democracy is not just about the procedural token of the election. I am also engaged in my union and in my local town council (and should probably do more).

And there is a wide range of possible actions between being a hero (which is for me the definition of great personal sacrifice for the common good) and a "selfish asshole". I am a realist and don't expect everyone to be a hero. In fact, I expect no one to be hero. I don't want anyone to have to suffer for doing the right thing, that is why I believe in collective action because I don't think personal solution are useful against systematic problems.

But by the tone of your comment, I don't think we are communicating on the same level. So let's agree to disagree and have a very good day.

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by johnnyworker on Friday September 29, 2023 @09:34AM (#37704013)
> But what would have happen in that case if Jerry or Anil had quit in protest? Some other dude would have taken their place.

And those other people would be just as responsible if they fail to refuse.

> It is not true that science marches on in defiance of human will, independent of human will, that just is not the case. But it is comfortable, as I said: it leads to the position that "if I don't do it, someone else will."

> Of course if one takes that as an ethical principle then obviously it can serve as a license to do anything at all. "People will be murdered; if I don't do it, someone else will." "Women will be raped; if I don't do it, someone else will."

-- Joseph Weizenbaum

Re:Judge Rules US v. Google Trial Documents Can Be Posted On... by johnnyworker on Friday September 29, 2023 @09:30AM (#37703948)
> There was a widespread conviction that it is impossible to withstand temptation of any kind, that none of us could be trusted or even be expected to be trustworthy when the chips are down, that to be tempted and to be forced are almost the same, whereas in the words of Mary McCarthy, who first spotted this fallacy: "If somebody points a gun at you and says,'Kill your friend or I will kill you,' he is tempting you, that is all." And while a temptation where one's life is at stake may be a legal excuse for a crime, it certainly is not a moral justification.

-- Hannah Arendt, "Personal Responsibility Under Dictatorship"