Licenses And Ethics?

EthicalQuanderer asks: "So I'm a software developer that came onto a project and picked up someone else's work. About a week after I started I found a package that was deeply integrated into our project was under a GPLish license for private/educational use, with a specific clause against commercial use without a separate licence to be negotiated with the author. I made an issue of it at the time, and was assured it was something that would be taken care of. Now, a significant time later, I found out that we're in talks with the author for said license after we've used this stuff for well over a year. And the author is demanding sums of money that the company doesn't want to pay." In situations like this, where you've done as much as possible to avert the oncomming train that management was blind to, it may be best to tidy up, pack everything and move on.

"So now the management is making sounds about cleaning up the codebase to remove the offending code, but only where it's in parts that might be exposed to customers. Basically, it seems to be a "fix it where we might be caught, and continue to cheat where we can" kind of mentality. I realize that there are other issues here; we already violated the license, and the author is entitled to something for the use we've already gotten from the work, but that's another issue altogether.

I like my work and co-workers a lot, these schoolground ethics come from a few people at the top. So my question is, what is my ethical path through this? Do I blow the whistle to the author to give fair warning that the company isn't dealing on the level and let them deal with it? Do I issue an ultimatum to the company to fix the problems or else lose me?

I'm open to any suggestions except "let it lie, and trust that it will be fixed". I've tried that one."

This is a terrible situation for a developer to find herself in. More than likely any action that she makes, whether it be making demands to management, blowing the whistle, or even refusing to perform the work, will land her on the unemployment line. However, there comes a time when it is you as the developer that must make the decision and "do the right thing", not only for yourself, but for the company that employs you. When faced with a decision like this, would you take one of the above alternatives or is there another choice that can be discussed?

Comments

Doesn't the author know?

[bluGill]

You imply that the company is in negotations with the author. That suggests to me that he knows about it. He just wants a lot of money.

The company legally needs to stop shipping any product until this issue is cleared up. Often on the first day of negottions both parties will agree to a license to ship code under the terms of the eventially agreement. This can take time to work out. If the code is strictly GPL and isn't being shipped then they are safe.

If the above is not the case, you should contact a lawyer. $100 for your peace of mind is a good idea. Find one with knowledge in copyrights (and preferably software copyrights) and inform him. Ask the lawer to keep copies of your documentation. It could be illegal to overlook an illegal act that you are aware of. A lawyer can advise you on what you need to do to protect yourself. In most cases there are whilstle blowers acts to protect you.

Ministers at my church love to point out examples of people in similear situations, who have done the right thing. Some folks have been "let go" (probably in a legal way, if you want to get someone you can do so type thing), but they soon found a better job, and the new boss said "We hired you in part because of your integraty". Of course in church the point is a little different, but don't be afraid to do the right thing.

PS, talk to your co-workers about this too. The honest ones will not be happy and may want to join you. A lone whistle blower isn't as effective as half the company.

Ask Dr. Laura

[InitZero]

Your moral delimma can be solved by visiting the Dr. Laura web site. She is the expert in moral delimmas. (Having had many herself. {grin})

If it were me, I'd document everything out the wazoo and then offer myself as an expert witness to the author. Depending on how much the author thinks he can make through legal action, you might even get paid for your testimony.

Of course, while negotiations are still ongoing, don't worry about it. Only after the deal has been made and your company is still in violation would I blow the whistle.

I can't imagine you really know what's going on in the back room of negotiations.

For example, let's set 'mode_conspiracy = 1' for a moment.

Your company has used this guy's code illegally. Your company can't afford to pay this guy what he is asking. That is a lose-lose situation.

But, your company has a business insurance policy that covers stuff like this (many do). Your company goes to the programmer and says, off the record, 'we can't afford to pay you but if you sue us after "reasonable negotiations", we can get our insurance company to settle out of court; you get paid, nothing comes out of our pocket and we get to use your code as part of the settlement'. This ranks a win-win. (Sure, the insurance company does lose but who cares about them, right?)

You can never really know what's going on in the background of stuff like this. Before you go and shoot yourself in the foot, make sure you have a total understanding of the situation.

InitZero

(I can't leave this topic, I'm afraid, without a obligatory stab at the hypocrisy of Slashdot's visitors. Stealing music is good. Stealing code is bad. {shakes head})