An initial attempt at thinking globally about ethics in NPT. ( in future

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1 TRANSLATION STUDIES 2.0: how to study illegal and unethical translation in dynamic digital environments Minako O Hagan, PhD School of Applied Language and Intercultural Studies Centre for translation and textual studies Dublin city university, Ireland Focus on Ethics in Research 3 Conference Theme A forum to discuss definitional, theoretical, methodological, and ethical issues of non-professional interpreting and translation ( An initial attempt at thinking globally about ethics in NPT practice and research and about TS in future Dilemma in NPT Research Can PhD students in possession of copious illegal fan translated AV clips (for research purposes, of course!) defend themselves when the police raid their apartment? A legal question and is treated separate from ethical questions by the ethics committee The university s position is yet to be clarified 2 4

2 Is hacking ethical? (image from (image from 5 Overview Focus: Ethics of NPT Practice and Research Contexts: ROM Hacking as an NPT Main thesis: NPT and Ethics Legal and ethical frameworks Implications for NPT research Conclusion: Towards 7 Is hacking ethical? Hacker ethic is guided by mistrust of authority, decentralisation of control, freedom of information and improved quality of life (Levy 1984/2010). Hacker Facebook is approach to building that involves continuous improvement and iteration.. Hackers believe that something can always be better, and that nothing is ever complete. (Zuckerberg 2012). Hacktivism is use of hacking to promote a political cause (Baase, 2013). Ethical hacking is authorised hacking to test any security vulnerabilities of systems/networks. 6 ROM Hacking as an NPT ROM Hacking: To edit, reconfigure and remix games with the translation patch rewriting ROM contents to translate in-game text from one language into another (Altice 2015: ). Modifying the data in a ROM image to achieve such purposes as playing the game in a different language than intended, creating new levels for old games, or maybe playing with a different skill level than intended. (source: 8

3 ROM Hacking as an NPT Technically-savvy gamers and gamertranslators working together to make games available in a given language. Less mediated versions of Japanese games became available to overseas fans (Altice 2015: 317). A mechanism to demonstrate user skills and creativity through co-creation in a form of digital fan fiction. Source: ROM Hacking as an NPT In the eyes of the court the scope of transformation of the original in fan translation (i.e. creating new purposes, functions) may qualify as a fair use and be considered as contributing to promote the creativity that the Copyright Act strives to protect (Muscar, 2006: 254) 9 11 ROM Hacking as an NPT Game publishers changing attitudes regarding user-generated content e.g. Microsoft Game Content Usage Rules (Aug. 2007) unilaterally licenses the limited use of copyrighted content for non-profit purposes (Xbox.com game content usage rules) - users retain fair use rights A first step towards balancing the rights of publisher and user-creators with a suggestion for a universal license for derivative works by users (Hayes, 2008: 587) 10 ROM Hacking Actor-Network Game publisher ROM hacking community Publisherspecific user rights Hardcore gamers Game artefact Game developer eloper Contracted LSP/professional translators Casual gamers Nonhuman actor User/ Audience Author/ Content creator Distributor Explicit link Implicit link 12

4 ROM Hacking as an NPT Digital infrastructure likely to impact on copyright in view of the increasing volume of usergenerated content with authorial merit. Fair use perspectives highlight transformative elements of fan translation, eliciting added value as a determining factor. A translation hacking AN can show translation hacking role as closely linked to content creation i.e. authorial whereas official translation role as part of distribution <autonomy (cf. Katan 2011) 13 NPT Legality and Ethics Law, Culture and Ethics: Ethical Pluralism FLOSS/Copyleft US/Europe Asia/Africa Stress on individual exclusive property rights Stress on community inclusive property rights utilitarianism vs deontologist (Ess 2009:87) 15 NPT Legality and Ethics Copyright issues highly political - now a struggle between interests of Hollywood (authors rights) vs Silicon Valley (public domain) (Baldwin, 2014:394) Laws are not always good guides for ethical decisions (Baase 2013:245). Copyright is a particular issue that bridges legal and ethical realms, and is a matter of consideration in internet research (AoIR 2012). 14 NPT Legality and Ethics + Cultural Traditions Fan Translation Translation Crowdsourcing Legal Mostly no - unless transformative/?/ Cultural Traditions Ethical Mostly yes if considered unselfish act and for public interest Mostly yes Often not on the basis of exploitation of free labour by for-profit organisations 16

5 NPT and Ethics Association of Internet Researchers (AoIR) Ethical Guidelines (2012) A process- and case-based approach designed to reflect new ethical issues arising from virtual communities and environments, covering expansive Internet-based phenomena studied by researchers around the globe with culturally variable ethical traditions and frameworks with diverse laws (Ess 2009) 17 NPT and Ethics Ethnography and Virtual Worlds (Boellstrorff et al. 2012) Care is a core value to be internalised and acted on through the vigilance and commitment of the researcher the principle of care (ibid:129) Informed consent Mitigation of institutional risk Anonymity Deception Sex and intimacy Compensation Taking leave Accurate portrayal 19 NPT and Ethics AoIR Ethical Guidelines (2012: 13): Legal as well as ethical issues as intertwined in addition to general ethical principles, researchers must be aware of legal requirements in the countries implicated in the research. This can create important and potentially unresolvable tensions that should be acknowledged. 18 Conclusion: Towards Media Studies are now not so much about media content and is more about media as platforms (Gauntlett 2015: 150) 21

6 Conclusion: Towards The networked experts model The paraprofessional model The knowledge engineering model The communities of experience model The embedded knowledge model The machine generated model 22 Conclusion: Towards? Source: theweek.co.uk Multidisciplinary Empiricallyvalidated claims use of big data use of biometrics High tech, High touch human and cultural factors > Ethical issues 24 Conclusion: Towards Reality mining Social learning Building of socioscopes based on digital breadcrumbs Using data to build predictive computational theory of human behaviour Ethics in Digital Environments Source: Ethical dilemma of self-driving cars by Patrick Lin (

7 References Altice, N (2015). I am Error. Cambridge, MA and London: MIT Press. Baldwin, P (2014). The Copyright Wars: The three centuries of trans-atlantic battle. Princeton, Oxford: Princeton University Press. Baase, S (2013). A Gift of Fire: Social, legal, and Ethical issues for computing and the Internet. 3 rd ed. Pearson International Edition Ess, C (2009). Digital Media Ethics. Cambridge: Polity. Hayes, C (2008). Changing the rules of the game: how video game publishers are embracing user-generated derivative works. Harvard Journal of Law & Technology 21 (2), Katan, D (2011). Occupation or profession? A survey of the translators world. In Sela-Shefy and M. Shlesinger (eds.), Identity and status in the translational profession, pp Amsterdam and Philadelphia: John Benjamins.Latour, B (1987). Science in Action. Cambridge, MA: Harvard University press. Latowka, G (2010). Virtual Justice: The new laws of online virtual worlds. New Haven, London: Yale University Press. McDonough Dolmaya, J (2011). The Ethics of Crowdsourcing, Linguistica Antverpiensia, 10: Muñoz Sánchez, P (2011). Video Game Localisation for Fans by Fans: The Case of Romhacking. Jounral of Internationalization and localization 1 (1). Muscar, J. E (2006). A Winner is Who? Fair Use and the Online Distribution of Manga and Video Game Fan Translations. Vanderbilt Journal of Entertainment & Technology Law 9 (1), O Hagan, M (2016). 'Massively Open Translation: Unpacking the relationship between technology and translation in the 21st century'. International Journal of Communication, 10: Risku, H & Windhager, F (2013). Extended Translation Sociocognitive Research Agenda. Target 25:1,