Microsoft Manages Legal and Ethical Issues
S. Nevarez
Olympic College
OLRM 202: Introduction to Organizational Ethics
Microsoft is the global leader in computer software, and well recognized in the field of corporate social responsibility and philanthropy. However, since 1990 the computing giant has been plagued by allegations of antitrust violations and monopolistic, non-competitive business practices. By answering the three questions posed in Part 5, Case 7 of Business Ethics: Ethical Decision Making and Cases; this review will address how such a legal and ethical dichotomy is possible, and how the issues relate to one another in terms of corporate reputation.
1. What unique aspects of the software industry created the
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2. Discuss the role of Microsoft's leadership and corporate culture in generating a large volume of ethical and legal issues.
In the opening paragraph of a letter to employees regarding Business Conduct, Steven A Ballimer, Microsoft CEO writes:
“Microsoft aspires to be a great company, and our success depends on you. It depends on people who innovate and are committed to growing our business responsibly. People who dedicate themselves to really satisfying customers, helping partners, and improving the communities in which we do business. People who are accountable for achieving big, bold goals with unwavering integrity. People who are leaders, who appreciate that to be truly great, we must continually strive to do better ourselves and help others improve.”
In addition to a socially responsible code of conduct, community-focused initiatives, and the creation of over 15 million Internet Technology jobs worldwide, Microsoft founder Bill Gates is head of the single largest philanthropic organization in the world: the Bill and Melinda Gates Foundation, with an endowment of 37.1 billion dollars.
Even with this publicly ethical image, Microsoft has been mired in litigation since 1990, and has paid billions of dollars in legal settlements and fees to address allegations of anti-competitive business practices. Hollywood even jumped on the bandwagon with the 2001
The behavior exhibited by the founders in intuiting that it was Samarin’s responsibility to load the illegal software, and in creating a financial management environment with an evidenced lack of financial restraint further demonstrates an organizational culture of low accountability and questionable ethical standards.
Microsoft has their dominance of the industry at stake. They could potentially come out on top if left to continue their current tactics. They are masterfully “marketing their products” and it is paying off for them (Love, 1997).
As part of the "Final Judgement", Microsoft was prohibited from entering into agreements allowing them to fine OEM's for using
Microsoft has grown into an enormous and powerful corporation by a combination of aggressive business practices and having written operating systems (DOS and Windows) for personal computers. From operating systems it branched out into other software which has, along with the operating system, become something of an industry standard.
Under this task I will explain the ethical issues that business needs to consider in its operating activities and how a business they could improve the ethical of their operations and also I will evaluate the influence of stakeholders exert in one company.
DOJ was not persuaded by Microsoft's argument that physical machines can more easily be counted than intangible copies of computer software. Nor was DOJ convinced that customers might actually favor long-term contracts to guard against unpredictable price increases and other uncertainties. This raised the question; did Microsoft exploit its dominant market position by "insisting" on "unfair" licensing arrangements? Of course not. Consider that Windows became the industry standard because PC-makers thought it was a "superior" product. An assessment that surely took into account the entire set of product features, not only technical features but also ease of use, quality, price, service, and contract terms. Just like any other product in the competitive market. Consider that there were no barriers that would prevent another competitor from driving Windows out as being the market leader. These are simple conditions that exist in an economic market. Those considerations, apparently, did not impress the DOJ's Antitrust Division.
Commencing in 1990, Microsoft was investigated and then charged with violation of the Sherman Antitrust Act which governs United States businesses. The company was determined to be a monopoly, and one which used anti-competitive practices to keep its leading edge on the market. As would most any organization on the receiving end of the allegations, Microsoft did not agree with the charges and sought to defend its business
The problem to be investigated is the application of business ethics. In the business world, ethics are extremely important. Ethics are prime elements that help a business to grow and to become more productive. It is by applying proper business ethics that a business can operate in a moral or ethical business environment and managed to conduct all activities in a manner that maximizes profits while not compromising all other non-economic concerns(Schwab, 1996). Businesses have over the years failed to nurture business ethics in order to fulfill shareholders' interests and to have a culture that is oriented towards profit maximization and high performance(Jennings, 2012; Sims & Felton, 2006). This has led business to have gray areas in their activities. Gray areas are those situations or problems that do not fit exactly into any ethical analysis. These are the activities which may be represented to be immoral as a result of lying and false representations on the part of the business.
The case against Microsoft was brought buy the U.S. Department of Justice, as well as several state Attorneys General. Microsoft is accused of using and maintaining monopoly power to gain an unfair advantage in the market. The case has been under observation for a long time, but the Justice department is having trouble coming up with substantial evidence against Microsoft. Specifically, the Department must prove:That Microsoft has monopoly power and is using it to gain unfair leverage in the market.And that Microsoft has maintained this monopoly power through "exclusionary" or "predatory" acts(Rule).Some say that Microsoft is only taking advantage of its position in the market and using innovative marketing strategies
Microsoft was founded in 1975, and is the worldwide leader in software, services, and solutions (Career). Microsoft is proud to offer great products and employ outstanding people. Previous Microsoft CEO, Steve Ballmer once said, “There are many things that are true about Microsoft. We have big goals, big dreams, and big aspirations for the future. We are both competitive with our products and in the way we attract and retain talent. For me, the most important factor is competition for talent, because I know our success comes from the people who work here” (Foley).
2. Ethical Issues in Business. It seems that every day in the news we are hearing of new company that has acted at least unethically and possibly illegally in the operation and financial reporting of their company's business dealings. There are many ethical issues in business. One major issue that we see is over and under reporting net income. Companies like to show that every quarter the net income of the business has an increase or profit. In order to show this they adopt unethical or illegal means in the operation and financial reporting. One such method is the indiscriminate use of stock options for employees that enable companies to take employment costs off balance sheet and inflate earnings. With the recent ethical issues we have
had to buy, Microsoft also would sing contracts with the vendors for long periods of time
Just over a few decades with Steve Ballmer, Microsoft has a new corporate leader at the helm. As Satya Nadella takes over the position that Mr. Ballmer once endured, his spirit took off with great confidence concerning his new role at the company (Microsoft, 2014). The next decade is likely to reveal the level of success his abilities bring to the future of the company and his own status as leader.
Microsoft Corporation is a public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions. Established on April 4, 1975 to develop
It took many years of trial and error for Bill Gates and his team to make Microsoft the company it is today. Over the course of 30 or so years, they have invested trillions of dollars to give us the technology we now possess, and that’s not even including the salaries of their employees. Sure, Microsoft wasn’t an overnight sensation like some companies, but they made a name for themselves by stepping out on a ledge and being the best that they could be. I remember when the Internet became the latest and greatest thing, but that surely didn’t happen overnight either.