Copyright Law Protection for Employees?

Copyright Fringement asks: "I've been constantly asked by my employer to install software (Office, XP, etc) on unauthorized computers, as well as duplicate copyrighted material (video, CD's) en masse. I know that there are watchdog agencies that look out for this kind of stuff, and it's setting my employer (or me) up for serious fines and Other Bad Things(tm), but is there a way to protect myself from said Bad Things (tm)? I've explained till I'm blue in the face, but the bosses always: get a glazed look; or give some nonsense explanation. I like my job, but I'm not taking the fall for these guys. What's a self respecting Slashdot reader to do?"

Comments

No protection for employees

[It doesn't come easy]

There is no protection just because you are an employee following orders. Technically, you and all of your supervisors all the way up to the president of the company, and the company itself, are individually and collectively guilty of copyright infringement, even if you don't know it is going on. If you *do* know then you are not only guilty, but willfully in violation. In either case, all of you can be sued individually.

Speculating here, in practice the copyright holder would probably attempt to sue anyone with the ability to pay (which may still include you, although for a smaller amount than the company might be sued for). And in front of a jury you might get off using the victim defense (i.e. if you could convince the jury that you were afraid of losing your job, etc.). You'd probably still be found guilty but you might escape a fine (at least in a civil suit). At the very least you should document each time you are told to install an illegal copy f something (who, when, what, where, and your protest to your supervisor at the time). Sounds like that could be a full time chore in your case.

That sucks

[Otter]

My advice...

1) Talk to your corporate counsel. If they're not idiots (which isn't a given), they'll realize you're doing them a favor.

2) Don't sweat it. This is between you and your conscience. You may theoretically be liable for these violations, but nobody will be coming after you personally, especially if you have a paper trail covering your ass and super-especially if you've gone to your lawyers.

But, yeah, stuff liek this sucks, especially in a small company.

Documentation

[bitty]

Get them to give you those orders in writing . Then explain to them why you won't do it in writing . Take both documents to their corporate lawyers and keep a copy at home for safe keeping. Now you not only have a paper trail of the situation to protect yourself should the company get audited, you have ammo against them should they try to fire you for not following orders.

What they're asking you to do is violate copyright, and it's just plain wrong. Should you comply, you're opening yourself up to a world of hurt. If the company gets nailed you will be hung out to dry. You would be the one doing the copying and unauthorized installs, not management. The managers can claim they didn't know you were doing it and are shocked -- shocked! that you would to such a thing.

You're breaking the law

[mcgroarty]

What would you do if your employer asked you to break into a competitor's office and copy their contract files? How about if he asked you to go buy him some drugs and hire him a prostitute?

Just beacuse it's a crime with a lesser chance of getting caught doesn't change the nature of the act. (Not that the spy and hooker job wouldn't be hella awesome...) You refuse to do it, or you break the law. You don't isolate yourself from responsibility for your commission of a criminal act.

It is time to look for another gig

[Safety Cap]

The company's values are not the same as yours. You have only two choices:

1. Change your values to match theirs, or
2. Find a place that shares the same values.

They will not change, and you cannot change them.

This is not a bad thing, per se. It just means you and they have different values. Would you work at a lab where they routinely sprayed oven cleaner in Rabbits' eyes (even if you weren't the sprayer)? What about at a place that dumped chemicals into streams (even if you weren't the dumper)? How about a place that forced some employees to work in very unsafe conditions (even if you didn't work in unsafe conditions)?

We all have a choice. You can either stay or go; being the "whistleblower" means that you will be leaving almost immediately as you take your parting shot on the way out.