EXOD837 Can I recommend my company's product in a chat room? It is a basic principle of business ethics that salespeople may not lie about their products. The Jewish tradition can make us sensitive to other, more subtle ways in which we may be misleading a customer. Q: Companies sometimes advertise their products by paying someone to enter an Internet chat room under a false name and praise the product as if he or she were an ordinary customer. The representatives view this as a service to the consumer. Is this an acceptable practice? A: The Torah tells us, "Distance yourself from any lie" [this verse]. Wouldn't it be enough to just command, "Thou shall not lie"? Perhaps because it's so easy to deceive without telling an outright lie that a simple prohibition on lying is not enough. Therefore the Torah warns us to distance ourselves from falsehood of any kind. In the case mentioned in the question, it may seem as if no one is lying. Using a fake name is a common practice in chat rooms and certainly does not fool anybody. The recommendations being made are sincere. The words are true-but the message is a lie. By using the strategy, the company is trying to communicate the notion that satisfied customers all over cyberspace are buzzing about their product. If the salesperson were to say this out right, they would certainly be lying; "telling" people the same thing through an elaborate charade only adds insult to injury by wasting people's time -and band width-with bogus endorsements. The Torah forbids us to "put a stumbling block before the blind" [Leviticus 19:14]. This includes misleading anyone who is blind to what is really happening. The sages give an example almost identical to the situation you describe. In his commentary on this verse, Rashi says, "Do not advise someone that it is in his interest to sell his field in order to buy a donkey, when your real intention is to buy the field from him." Here, too, the person is giving advice, perhaps even sincere advice, but his counsel is misleading because he hides his own interest in the outcome. In addition to being unethical, this practice is unprofessional. The code of ethics of the American Marketing Association, to take just one example, requires "Avoidance of sales promotions that use deception or manipulation." Many chat rooms also have their own by-laws regarding commercial promotions, and participants must observe these. The problem here is not sincerity but transparency. Since the identical endorsement will have vastly different meanings for the consumer depending on whether it comes from a disinterested fellow consumer or from an incentivized salesperson, hiding the personal stake in the outcome is definitely a form of deceit. Aside from the business ethics issue, there is also a problem here of personal ethics. You present yourself to this online community as someone who is interested in forming human connection with other members, yet your real interest is commercial. This is an unfair exploitation of the norms of these communities. Commerce is a positive area of human endeavor. Not only does it provide us with goods and services, it also stimulates human relations, because we need to reach out to others to meet our needs. The marketplace is also a meetingplace, and in cyberspace as well people enjoy the fellowship of chat rooms and newsgroups. Jewish tradition explains that our material desires have an important role to play in encouraging us to form human connections. But we should never put the cart before the horse and make profits the end and human relationships only a means. It is wonderful to exploit selling in order to generate friendships, but it is shameful to exploit friendships in order to generate sales.

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EXOD838 Can I Sell Term Papers to a Commercial Site? Many people who would never dream of committing wrongful acts find ready excuses when it comes to helping others transgress. Some of these excuses may be valid, but Jewish law helps us look at the entire picture. In this section we discuss the ethical aspects of contributing material to a term-paper archive. Q: I'm a good student. Sometimes I make a little extra money by selling my term papers to a website that maintains a kind of archive of papers on various topics. Of course, I would never use one of these services, but is it unethical to contribute to them as well? A: It's a good thing that you do not use these services to submit bogus term papers. The very foundation of academia is that students are judged equitably on their own work; this foundation is completely undermined by plagiarism of any kind. Copying term papers is a kind of lying, of misleading others. When you put your name on the paper, you are making a statement that the work is yours. The Torah tells us, "Distance yourself from a falsehood" [this verse] The late Rabbi Moshe Feinstein points out that copying in school does not simply mislead the school; in many instances it constitutes a kind of stealing. The reason is simple. A prospective employer or client will naturally assume that an applicant has actually attained the level of training represented by his diploma or professional certification. If the applicant cheated and thus obtained the diploma fraudulently, any payment he receives from the employer or client is, in effect, stolen. [Responsa Iggerot Moshe, Hoshen Mishpat 11:30] Apart from this universal ethical problem, there is the simpler problem that all college students are bound by the academic rules of their institutions and these invariably prohibit plagiarism. Even if the scourge of plagiarism were not inherently unethical, it would still be wrong to go against this basic agreement to abide by the rules. Finally, there is the problem is that the true author is not acknowledged. Jewish tradition is profoundly sensitive to the pedigree of ideas. This is especially true in Torah study, where we find that the sages of the Talmud displayed incredible self-sacrifice to carefully recall the exact chain of transmission of various laws. The Talmud tells us that we should strive to cite our sources even in mundane matters. It notes that the miracle of the Purim holiday, as related in the biblical book of Esther, began when the king was informed about Mordecai's aid in uncovering the murderous plot of Bigthan and Teresh. This was possible because Esther carefully specified that the information came from Mordecai. Based on this story, Talmud states, "Anyone who cites a quotation in the name of its author brings redemption to the world." [Mishnah Avot 6:6, Megillah 16a] But your question is more subtle. You are not personally engaging in plagiarism; you are only aiding others to plagiarize. Furthermore, there are some convincing arguments in your favor. First, many people undoubtedly use term-paper services for permissible reasons, in order to get ideas and references which they will then use as source material for their own original work (the truth is that even this is academically questionable if they fail to reference the bought term paper). You might claim that it's not your fault if unscrupulous individuals submit the paper as is. Second, you may reason that you are really not contributing to the plagiarism problem at all. There are plenty of other papers out there, and if your paper were missing from the archive, those who wish to plagiarize would have lots of other opportunities. These arguments have a certain validity, but they're not sufficient to justify selling term papers. Let us explain why. Jewish law discerns three different levels of connivance with wrongdoing. ENABLING. The most serious level is when you actually enable wrongdoing. The Torah tells us, "Do not put a stumbling block before the blind." [Leviticus 19:14] Rashi explains that this refers to a spiritual obstacle which will enable the person to sin. The excuses we mentioned are valid ones from this point of view. Given the current (unfortunate) state of the term-paper market, there really are lots of other people offering the same merchandise. Adding one more paper is not "enabling" the student to cheat, unless perhaps the paper is on a very unusual topic. ABETTING. Abetting transgressions, that is, being an active participant, is less serious but also ethically condemned. Even if somebody else would help if you didn't, it is still wrong to be actively involved in helping someone transgress. The exact boundaries of abetting depend on many details; one important factor is the likelihood that your work will be ultimately used for forbidden purpose. [Gittin 61a] And practically speaking, the chances seem overwhelming that your papers are wanted in order to mislead instructors. Even a cursory look at the most prominent term-paper sites shows that they are carefully targeted to meet the needs of students who want to submit the paper they purchase. One site starts out by mentioning that he cannot guarantee a grade; only afterwards does it mention in passing that you should use the paper only as a source. Another site implies that plagiarism is illegal only in some places, but in others it is permissible. Practically all the sites mention that students using their services get excellent grades, implying that other clients can do the same by submitting papers from their service. To make matters worse, many sites offer to "personalize" the style and structure of the paper you purchased. Having a paper written in a particular style is of absolutely no use to someone wanting to use it as reference material, but it is certainly very important to students who want to actually submit the downloaded papers. [Shulhan Arukh, Yoreh Deah 151 and commentaries]. CONDONING. The third level of connivance is condoning a transgression. This is violated when you give the impression that there's nothing wrong with wrongdoing. An ethical person is not supposed to condone improper behavior; it is his responsibility to protest. Seeming to be involved in the activity is the ultimate form of condoning. On this basis, the Talmud [Shabbat 54b] teaches: "Anyone who is capable of protesting the acts of his household but does not protest is liable together with the members of his household; [if he does not protest] the acts of the residents of his city, he is liable together with the people of the city; [if he does not protest] the acts of the entire world, he is liable together with the entire world." This obligation devolves upon anyone who is in a position to make an effective protest against wrongdoing. One need not be involved in the wrongdoing to engage in protest. So, for instance, if term papers were sold in the store, it would be ethically problematic to go in and buy a term paper even if you wanted it for a legitimate purpose. [Shulhan Arukh, Yoreh Deah 334:48 in Rema]. Practically speaking, however, term-paper sites tend to be completely anonymous. The user is not identified with the transgression and does not give the impression of condoning it by using this service. Therefore, if you wanted to use the site for a permissible purpose, such as to obtain ideas or source references, you could do so without seeming to condone the more common illegitimate use. To sum up, there are various levels of forbidden cooperation with wrongdoing. The activity you mention, selling term papers to a site that will sell them to students to be submitted as their own work, falls into the category of abetting transgression. Even though you do not enable the transgression to take place, you are an active partner in it.

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EXOD839 Can I trick competitors into revealing vital information? In many industries, accurate and up-to-date information about the competition is critical to business success. Unfortunately, this sometimes tempts merchants to use unethical methods to obtain information they need. One of the most common means is to impersonate a neutral figure, such as a customer, supplier, student intern, or government official. Is this a legitimate way to obtain information about a competitor? We need to know where to draw the line between legitimate market research and improper industrial espionage. Q: I'm interested in finding out if I can effectively compete in a certain market. Can I do a surreptitious survey of the level of price and service by pretending to be a potential customer or investor? A: Your desire to help customers by providing better service than they are getting from their existing suppliers is certainly commendable. But this and does not justify the use of deceit to examine existing market conditions. By viewing your suggestion through the prism of Jewish law, we will be able to discern the ethical problems it poses. DECEIT. The most severe problem here is deceit: the bogus survey is a way of tricking your competitors into revealing information they would like to keep secret. According to Jewish law, this kind of deceit is forbidden even if one does not lie outright. The relevant prohibition is known as geneivat da'at, meaning "stealing confidence." Confidence and trust are the foundations of civilized society; it is not justified to breach them just in order to make a few more dollars. Stealing money by fraudulently offering something in return is scarcely better than breaking and entering. Likewise, stealing information through deceit is scarcely more ethical than breaking into your competitor's safe to extract sensitive documents. EXPLOITATION Knowing your competitors' prices will help you to undercut them. But more important, it will give you a picture of the business environment in their industry. Their prices are probably based on a prolonged and expensive process of trial-and-error and learning about the market. Not only do you want to acquire this expensive commodity on the cheap; you also want to use this information to their disadvantage. The Mishnah [Gittin 5:8] tells us that if one person climbs a wild olive tree to shake out the olives, another person is not allowed to go and gather them from the ground. The second person would be taking advantage of the first person's efforts instead of going to the trouble of finding his own tree to harvest. In your case the transgression is compounded, because you would be using the "olives"-in other words, the market information-to the detriment of the person who invested in them. This is truly adding insult to injury. The practice you ask about resembles stealing a trade secret in order to compete with the inventor. Jewish law tells us that we should not take a free ride on the investments of others. They are entitled to fair recompense if we appropriate their efforts. UNTRUTH Furthermore, your survey letter is an outright lie, yet the Torah commands us, "Distance yourself from every falsehood " [this verse]. Truth is a supreme value, which should not be compromised even if there is no element of deceit or exploitation. According to Jewish law, we should only bend the truth in rare instances to avoid creating embarrassment or hurt feelings [Yevamot 65b, Bava Metzia 23b] Certainly, it is not permissible in order to fleece our business competitors. Human beings are created in God's image; we should strive to liken ourselves to Him; as the Talmud states, "The seal of the Holy One is truth" [Shabbat 55a]. Business often requires a degree of concealment, and that is why your competitors want to keep their capabilities and prices secret. But the legitimate practice of concealing some private information from your competitor or bargaining counterpart is far removed from a deliberate untruth. DISAPPOINTMENT Finally, the Talmud tells us that there is an additional, human dimension here. A business person who suggests a deal to a prospective customer has some legitimate hope and expectation of making a sale. The Mishnah states: "Just as it is forbidden to take advantage of others in commerce, so is it forbidden to take advantage of them in discourse. Do not ask [a merchant], 'How much is that item?' when you have no intention of buying." [Bava Metzia 4:10] The reason is that you are causing not only unnecessary trouble to the seller but also disappointment. Of course, merely inquiring about prices or services does not obligate you to buy from a particular version, and it is ethically permissible to shop around. But if you inquire about the terms of sale of the vendor, you must intend to give them a fair chance at getting your business. Otherwise, you are guilty of causing the vendor distress and disappointment. A bogus survey improperly raises false hopes. What options are open to you in your search for market information? Here are a few ideas: Public Sources. You may be able to get important information from public sources. Perhaps the firm publishes a catalog. Industry newsletters sometimes publish current pricing information. Advertisements occasionally offer special prices. Firms that do business with the government may be required to make the terms public, giving you at least a ballpark figure for private-sector pricing. The reporting requirements for publicly traded firms include the disclosure of accounting information that could be valuable to you. With a little imagination, you will probably find much useful data. Make a Deal. Instead of trying to get information underhandedly and on the cheap, decide that the market data you seek is valuable and worth paying for. Instead of pretending to be an investor, you can enter into a partnership with a current firm if conditions in the industry seem promising. (As assurance that you're not taking advantage of them, you can sign an agreement not to enter this industry on your own for some agreed-upon period.) Other possible deal partners are the other market players. Current merchants would be harmed by your entry into this market as a competitor, but customers and suppliers would benefit, and then they also have the information you need. Instead of making a fraudulent offer to a merchant, make a genuine offer to a supplier-one that will provide him with some guaranteed business in return for reliable market information. Or else sit down with a customer and suggest a deal that will provide him with special low prices in return for a survey of the market. However, you have to be careful. If suppliers or customers have agreements with merchants not to reveal pricing information to outsiders (like you), then it is unethical to persuade them to reveal this information. If you induce the customer to contravene his agreement, you violate the biblical mandate "Do not put a stumbling block before the blind" [Leviticus 19:14]-do not cause someone to stumble spiritually by transgressing. Another option is to actually decide to make a purchase. Then you may make an honest inquiry of competing businesses. For example, if you are thinking of opening up a haberdashery, you can decide to buy hats. Then you may go out and do some comparison-shopping. Even in this case, you have to be careful of the ethical problems we mentioned. To avoid deceit and unfair disappointment, you should plainly state that you're shopping around for the best deal. Most customers will go to at most two or three shops before deciding. If you're doing a broad survey, let the merchant know, so he can decide whether it is worth his while to invest a lot of effort in selling to you. Likewise, you need to restrict your research to a specific type of item. It is unfair to ask a merchant to take out his entire inventory in order to have a one-in-10 chance of selling one item. And to maintain truthfulness, you should not make up a cover story-hinting, for example, that you are looking for birthday present (even if you do intend to give the hat away, that's not your main object). Of course it is also necessary to actually make the purchase at the end of the day. Success in business sometimes depends on keeping some of your knowledge concealed. So you do not have to inform your prospective competitors that you are planning to go head-to-head with them. But for this exact reason you need to respect their rights to keep their service and price information under wraps and to disclose it only to serious prospective customers.

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EXOD845 One of the most basic features of the business world today is the contract. Whenever two companies enter into a business relationship, a contract defines the terms of the deal and generally specifies what happens if something goes wrong. Contracts are common with consumers as well; one of the most common forms of contract nowadays governs the purchase of software. The manufacturers generally state that by opening a package or clicking "purchase," the buyer is in essence entering into a contract with the seller and is agreeing to abide by the terms of the sale and the restrictions on making copies. The acceptability and authority of such "shrink-wrap" contracts are complex issues in both American and Jewish law. The Jewish approach to contracting is similar to the approach highlighted above regarding offices transactions: "play fair." Two basic rules in the Jewish approach to contracts are: (1) deception is forbidden; and (2) you have to have a "meeting of the minds." • Mi'dvar sheker tirhak -- "Stay far from a false matter" [this verse]. The Rabbis of the Talmud, in tractate Shevu'ot (oaths), explicitly apply this rule of the Torah to settling a variety of disputes. For example, they say this: • How do we know that if three persons have a claim of a hundred zuzim one should not be the litigant, and the other two, the witnesses, in order that they may extract the hundred zuzim and divide it? Because it is said: "From a false matter keep far." (B. Shevu'ot 31a) • The rabbis also acknowledge, however, that in normal daily life there may be some exceptions. So, for example, when Shammai opposes calling an ugly woman a "beautiful bride," in keeping with "Keep far from a false matter," his colleague, Hillel, retorts that she is surely beautiful in the eyes of the groom, so is it is no sin to praise her to the groom. • Mekah ta'ut--an erroneous transaction. If two parties make an agreement but it turns out that one of the basic assumptions was wrong, the deal is null and void. The Talmud gives an example of a person who thought he had some excess money, contracted with his partners to use that money to pay their tax bill, but later found out that he did not actually have any excess money. The Rabbis called this a flawed transaction and cancelled the contract. (B. Gittin 14a) (By Barry J. Leff, "Jewish Business Ethics")

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EXOD832 All that we have discussed until now applies even if the information one relates about another person is true. However, if one says lashon hara or rechilus that includes some false information, he also transgresses the Torah’s commandment of מִדְּבַר־שֶׁ֖קֶר תִּרְחָ֑ק, “You shall distance yourself from falsehood” (Shemos 23:7). In addition, his name becomes tarnished because of what he said, for now he will be labeled a motzi shem ra (slanderer), for which the punishment is far more severe than the punishment for speaking ordinary lashon hara and rechilus.

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EXOD834 Avoid not only outright lies, but also exaggerations that listeners might think are literally true. (This is implied by the wording of [this verse]. People often violate this command and try to prove a point through exaggeration. For example, I heard a talk show host making the case for the superiority of the two-parent family. To bolster his argument, he said that 99% of teenage violent crime is committed by young males raised without a father at home. But this is not accurate; the percentage is substantially less. The host feared, as many of us do, that the truth alone would not convince others; it needed to be "helped along." Such hyperbole is not only wrong, it also undercuts the speaker's credibility among those who are aware of the inaccuracy.

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EXOD843 Jewish law imposes obligations upon consumers as well. Thus, we may not ask a storekeeper the price of an item if we have no intention of buying it (Mishnah Bava Mezia 4:10). While comparison shopping is, of course, permitted, raising a storekeeper's hopes with questions about the price is a form of "oppressing with words" (ona'at d'varim), and is forbidden. For example, if you intend to buy a product over the Internet, but want to see the item first, you may not go into a store and pretend to be a potential purchaser so that the storekeeper will demonstrate the product for you. Such deceptions involve a person in one or more lies, and constitute a violation of the biblical prohibition "Keep far away from falsehood."

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EXOD844 Lawyers demean opposing witnesses and cast doubt on the veracity of their testimony, even when they have reason to believe it is true. Such behavior is also a violation of the biblical command to "stay far away from falsehood."

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EXOD847 The law "You shall rebuke, yes rebuke, your fellow" [Leviticus 19:17] applies to all instances in which you become aware of a wrong and have reason to believe that your words can make an impact. Thus a teacher should admonish a student who was acting inappropriately, and a student should rebuke a teacher in similar circumstances: "How do we know that a disciple sitting before his Master (who is judging a case and) who sees that the poor man is right, and the wealthy man wrong, should not remain silent (if his teacher is wrongly favoring the wealthy litigant)? Because it is said, 'Keep far away from falsehood'" [this verse, see Shevuot 31a].

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EXOD850 There are many acts prohibited in the Torah … but falsehood is the only sin that the Torah commands people to avoid actively.

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