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KDCP is Karen Dillard’s company specialized in preparing students to ace the Scholastic Aptitude Test. At least some of the paying students received a solid testing-day advantage: besides teaching the typical tips and pointers, KDCP acquired stolen SAT tests and used them in their training sessions. It’s unclear how many of the questions that students practiced on subsequently turned up on the SATs they took, but some certainly did. The company that produces the SAT, the College Board, cried foul and took KDCP to court. The lawsuit fell into the category of copyright infringement, but the real meat of the claim was that KDCP helped kids cheat, they got caught, and now they should pay.
The College Board’s case was very strong. After KDCP accepted the cold reality that they were going to get hammered, they agreed to a settlement offer from the College Board that included this provision: KDCP would provide $400,000 worth of free SAT prep classes to high schoolers who couldn’t afford to pay the bill themselves.missypie, April 29, 2008 (2:22 p.m.), “CB-Karen Dillard case settled-no cancelled scores,” College Confidential, accessed May 15, 2011, http://talk.collegeconfidential.com/parents-forum/501843-cb-karen-dillard-case-settled-no-cancelled-scores.html.
Questions
- Can you form a quick list of people who’d benefit because of this decision and others who’d end up on the losing side? Then, considering the situation globally and from a utilitarian perspective, what would need to be true for the settlement offer to be ethically recommendable?
- As for those receiving the course for free—it’s probably safe to assume that their happiness increases. Something for nothing is good. But what about the students who still have to pay for the course? Some may be gladdened to hear that more students get the opportunity, but others will see things differently; they’ll focus on the fact that their parents are working and saving money to pay for the course, while others get it for nothing. Some of those who paid probably actually earned the money themselves at some disagreeable, minimum wage McJob. Maybe they served popcorn in the movie theater to one of those others who later on applied and got a hardship exemption.
- Starting from this frustration and unhappiness on the part of those who pay full price, can you form a utilitarian case against the settlement’s free classes?
- From a utilitarian perspective, could the College Board have improved the settlement by adding the stipulation that the settlement’s terms (and therefore the free classes) not be publicly disclosed?
- Once word got out, could a utilitarian recommend that the College Board lie or that it release a statement saying, “No free classes were part of the settlement”?