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Would You Install Pirated Software at Work?
An anonymous reader asks: "I am an IT professional, and due to budget constraints, I have been told to install multiple copies of MS Office, despite offering to install OpenOffice, and other OpenSource Office products. Even though most of the uses are for people using Excel like a database, or formatting of text in cells, other programs are not tolerated. I have been over ruled by our controller, to my disagreement. I would never turn them in, but I am in tough place by knowing doing something illegal. I want to keep my job, but disagree with some of the decision making on this issue. Other than drafting a letter to the owners of the company on how I disagree with the policy, what else can I do?"
You must ask yourself: if they're willing to overrule you and insist you commit an illegal act, how are they going to behave should this come to the attention of FAST (or other enforcement body)? My guess is they will dump it all on your shoulders. If they don't play by the rules now, they certainly will not start when their backs are against the wall.
I suggest you document everything, off site and get your CV circulated immediately.
Any sufficiently advanced bug is indistinguishable from a feature.
Dear Slashdot, I have a set of principles that I adhere to rigorously. Today, I have been presented with something that violates my principles. What should I do?
Answer, you have a choice: Grow some balls or a spine. Really, either will do.
The minute you install the pirated software, you have no moral leg to stand on. You either stick to your guns or you leave. The "I did it because it was my job to do it" defense has been tried (literally) and failed.
Software piracy is wrong, especially on a corporate scale. I'd write to the higher-ups explaining the options (either going legit with MS or OpenOffice), and if they wouldn't listen I would quit. But that's just me. I hate dirty pirates.
Your tongues can't repel flavor of that magnitude!
you could leave and turn them in... but that would really mess up your chances of getting a job anywhere again. you should get your objection in writing to cover your ass and then do it - if it all goes to shit then roll over on the people who over ruled you.
*''I can't believe it's not a hyperlink.''
To me, the decision is clear-cut.
...but on a shared workstation I sometimes use there is a "demo" of a rather popular multimedia creation app installed. Except when you open it up it acts just like the full version... ...and on a network share there are a few scene releases of shareware type programs.
You personally are not saving money, so why take the risk for company big wigs?
"He who can destroy a thing, controls a thing." --Paul Atreides, Dune
Any actual profession... and as much as IT/programming may claim to be one, it isn't really one yet... has a code of conduct that says quite clearly what you need to do. You can't be a professional and knowingly support illegal activity.
How ELSE would I get anything done?!
I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
If you don't get it in writing, should anything happen and the company be audited ... YOU will be the one blamed and fired.
Everyone else will swear that YOU were the loose cannon. That they would NEVER violate a copyright. That they are 100% honest.
Really. They're already asking you to violate your ethics / principles. Why would you believe that they wouldn't lie about who's idea it was?
That by doing so, you could be held liable under piracy laws. Ask them for a signed letter in which they remove all the blame from you and take it all upon themselves. You'll be installing OO in no time! (Or maybe eve better, your boss is going to get sued/fired. Profit!)
Personally, there is *NO WAY IN HELL* I would do it. Nor would I work for a company that was irresponsible enough to even ASK me to. Sounds like you've picked a pretty shady and unstable company to work for. If I were you, I would stall on the installation ("We're having some technical issues with some of the machines, sir") and start looking for a new job. DO NOT install it if you plan on doing this (they would still blame you after-the-fact).
SJW: Someone who has run out of real oppression, and has to fake it.
I've been in a similar situation, only for us it was the case where someone wanted to run a course in our IT Suite. They needed specific software for the course and told me this 2 days before the course was due to run, they told me they'd ordered the licenses and were on the way but might not make it until after the course was due to run.
Knowing what these people are like, and having little confidence in their ordering of the licenses I put my foot down and refused to install it until the licenses arrived, I made the point that if this caused a problem for their course that they should perhaps consider not leaving things until the last minute in future. My line manager backed me up in my stance however my boss over-ruled both of us and told us to install it, standing my ground I defied him and refused to do so. Eventually my boss installed the software himself, so the course ran and so forth but at least I hadn't been the one to break the law, the best part? Those licenses never arrived, the whole thing was completely illegal, frankly I fail to believe the licenses were ever really ordered.
You shouldn't worry about losing your job by refusing to do this, they'll most likely back down on any threat to sack you. If they do however follow through then you're looking at an extremely strong court case involving a massive payout for yourself. If you get sacked and know they have gone ahead installing illegal copies, your first stop should be to report them to whatever country deals with anti-piracy raids, when you report it ask that any evidence of infringement they find be made available to your court case, this will make your case pretty much un-loseable. Just bear in mind that you absolutely do not have to do this, you're entirely in the right by refusing to do so and the law will recognise that.
One other thing to note is that if you do follow through, obey your orders and install the software - what happens if someone else reports your company? Can you really be sure they'll take the blame? What are you going to do if they say they had no knowledge of pirate software on your systems and hence the blame gets shifted entirely on you.
I think most people pirate at least some software and home, and so some may say it's hypocritical to say the things I've said here knowing that, but there's a distinction to be made between what you do at home and being professional at work. No one has to know what you get upto at home, and so the risk is more controlled, however at work any number of your users could cash in on that $1000 software piracy report reward or whatever. Furthermore, I'd imagine the penalties for what would probably be commercial copyright infringement would be much more harsh than for home copying also.
If you truly object, meet with someone in HR and let them know you are being told to do something illegal and, therefore, against your moral principles.
If you are given no other choice but to install anyway to save your job, send an email to your boss, the person that told you to install the software illegally (if a different person than your boss) and to the person you spoke with in HR. Blind carbon copy an outside email of yours. If you have a lawyer, I'd BCC him or her as well. If and when the stinky hits the fan, let them try to hang you out to dry.
But I would make the sounds (all of them) for the program a recording of my voice going "Arrrrrrrrrrrrrrrrrrrrrrggggg"
Error: Sig not found.
The answer is simple, just don't do it. Just do your other jobs instead of following your boss' order to break the law. If he fires you, sue. You'll win multiple years of lost salary easily when the reason you were fired is that you were ordered to commit illegal acts and wouldn't. In the end, it'll look good on the resume for your next job, because future employers will know that you'll stand your ground for the things that are right.
Honestly, I'm speaking from a little bit of experience here, so keep a stiff upper lip and don't give in to your boss.
If I did, it would only be after a CYA e-mail to the controller. Something along the lines of "I'm ready to begin installing Office on our PC's. From what I can tell, we only have XX licenses, so we can only install it on XX machines. Can you confirm for me that we have enough licenses for the YY machines I'm supposed to install it on?"
Put the controller on the spot, and make darn sure that you print out his response, and forward that message to a few outside addresses.
-- Ravensfire
"But we decide which is right, and which is an illusion"
...well, I don't have a good analogy. Anyway, just download it off bittorrent or piratebay and tell yourself it's not theft. That's the Slashdot Way© (note the ironic use of ©)
My boss tell someone to do it for me...
I controller so and so, understand that I have been offered an opportunity to be legal with Open Office and am telling so-and-so that he, against his wishes, is to install MS Office on all systems. I have been told that this is illegal and I take FULL responsibility.
If he signs it, then install it. Give him a copy and you keep the original at home in a fireproof safe or in a safe deposit box.
But if he does not take FULL responsibility, then why leave yourself dangling?
I prefer the "u" in honour as it seems to be missing these days.
If someone directs you to do something that is questionable, then you should send them an e-mail or hard copy memorandum requesting specific direction. You should also inform them of the legal and/or ethical rules that may apply. In short, ask for it in writing. You won't get that directive in a response; they will quickly change their mind.
In the land of the blind, the one-eyed man is usually crucified.
This is a relatively common practice in Smaller Shops (or at least it was when I worked in them). I know of three cases where said smaller shop grew to the point that they came to the attention of the manufacturer (in most cases Microsoft), and the bill to avoid litigation and go ligit was huge (at least one was 700K). You need to explain to the comptroller that it is illegal, that they are risking stiff penalties and fines, and you STRONGLY recommend that they either buy the software or learn to use the free alternatives. If they can't afford to buy it now, do they really think they'll be able to afford it at 3 times the retail price? (typical settlement) At the end-of-the-day you'll install what they give you, and support it. I would ask for a letter that simply states "The company assumes all liability with regards to the validity and authenticity of the software. is a technical support specialist who assists in the deployment and support of the software, but in no-way-shape-or-form is incurring personal liability for the software or the use to which its put." Killer Killer
It's one thing to pull the "starving student" or "I wasn't going to pay for it anyways" or "it's not theft, it's copyright infringement" card. I would argue it's another thing entirely to make profit as a business by infringing on others work (even though you could argue gates and jobs are guilty of the same thing).
1) If you consider yourself a moral person, AND if this act is against your morals, then it is the right thing to do
2) It is difficult for OSS to gain much ground if everyone is just pirating MS
3) You could lose your job, so you must do a cost:benefit ratio. Are your morals important enough to lose your job?
I don't know if I'm paranoid or what, but pirated software in the office is a huge no-no for me. Administrating 30+ Windows workstations, 30+ Mac workstations, and 10-/+ servers I attempt to keep them clean of any incriminating bits. I just know that it would be 'my fault' if anything were to happen. But it gets tough keeping all the users from installing the latest versions of whatever software before we buy it, or software we simply don't own. I've check workstations after employees have left to find a plethora of illegal software - some of it being things they never even attempted to acquire legally through the company.
This really blows me away. We hired them to do a job using our tools and for whatever reason they've decided that that just isn't good enough. Suddenly there are various software packages on their computer that I did not provide and they're creating files that no one else can open. Then they leave and I'm forced to either continue stealing the software or purchase it just so we can manipulate the work they've done. Boot to the God Damned head, jackass. Thanks for ruining my day.
No sig for you. YOU GET NO SIG!
You're the IT guy. Find an employee who is disgruntled (or maybe just use the guy that keeps eating your lunch out of the fridge even though it's CLEARLY marked with BIG BLACK MARKER with your name). Send an email ratting the company out to the BSA from that person's account. Put a BSA bumper sticker on his car. Sneak into his house and put a thank you card ("The Business Software Alliance thanks you for reporting 500 scofflaw software stealing terrorists in 2006! Wishing you more success bringing down more scum in 2007!") on his mantle.
Meanwhile, forge emails from your boss to you threatening to fire you if you don't immediately and without question install as much illegal software as possible. Include some BSA baiting ("And if the BSA comes around, I've got a few shotgun shells with their names on it! Yeehaw!") For extra points, forge an entire email thread wherein he continues to threaten you and the BSA and anyone else you can think of despite your continued objections. Throw in some sentences where you attempt to convince him of his wrongs through Bible verses.
When the BSA comes to the office, throw a Molotov cocktail from your boss's window toward their car. Leave the building and wait across the street for the SWAT team to arrive. If your boss tries to come out, as soon as you can see him coming out the door yell as loud as you can "He's got a gun!"
This should take care of your problem.
how are they going to behave should this come to the attention of FAST (or other enforcement body)?
Why bother to find out?
Tell them that you are going to Install Open Office or quit. It's not that what they have asked is morally wrong, it's that it exposes YOU to danger for their benefit. Oh yeah, it's also stupid because better software exists and they have "standardized" on the worst. You offered your advice and they discarded it, so it's time to go unless you want to be an bag man.
By the way, the anonymous reader has already reported them. ISPs already co-operate with media companies and monitors traffic. The chances are they have monitored the post. But it won't matter because someone there will fink sooner or later.
Friends don't help friends install M$ junk.
1. Threaten to quit if they don't comply.
2. Quit.
3. Mention that penalties for pirating software are more expensive than buying it in the first place.
4. Install Open Office instead, see if people notice.
5. Threaten to inform Microsoft/BSA.
6. Draft your letter to the company owners, but instead talk about how 'Open Office saves money' without mentioning your PHB's stupid plan to pirate Windows.
7. Go over your bosses's head and tell the owners what he's up to.
I'm sure other people will give you options as well. You obviously have principles, don't let your work overrule them.
You are reading a copy of my copyrighted post.
As in, would you say anything if your work was installing unlicensed software on boxes? I know by "pirated" they usually refer to the big things, like Windows itself or MS Office.
But really, the place where things are problematic is "nag-ware" items that don't actually remove their features if you don't pay in time, like WinZip and TextPad. Lots of companies simply keep quiet at those things being on every box on site, unpaid.
Now, I get around that by using free (if old and unmaintained) software like ZipCentral and Crimson Editor, but not everybody feels that way.
"But remember, most lynch mobs aren't this nice." (H.Simpson)
-- Joe
The hard answer:
Turn them in if they insist on this action, even IF they "logged your disagreement" or whatever. Most states have laws protecting "whistle blowers", so you may well NOT lose your job (if you even want to keep it). Even the US military has some protections for someone who refuses an order because they think (or know) it's illegal.
My reasoning for this has already been stated - if they DO get caught, you're likely to be the person blamed for it, as you're the one doing the actual installation.
Anecdotal:
I was asked to do something I thought was illegal at one time, and I refused, stating plainly that I wouldn't break the law, even if it meant my job.
I got a raise.
In this case you are damned-if-you-do, damned-if-you-don't. On one hand, if you do as directed you are not only committing an unlawful act but are compromising your own ethics. On the other, you are risking your livelihood or at the very least your vocational bliss by introducing friction within the workplace and risk being branded a "boat rocker". So what's a guy or gal to do?
If your ideals don't outweigh your desire to eat or your career ambitions I'd recommend a nice typewritten statement regarding situation and your disagreement with the actions taken. In this statement be cautious about making accusations (somewhat unavoidable but try to tone it down if possible) and attempt to keep the tone as neutral and matter-of fact as possible. Have HR or personnel add this statement to your file in the event this ever comes back to haunt you. There is no need to distribute this letter all over the office or to the various levels of management, just have it placed in your file (and possibly your immediate supervisor; though consider this carefully as it could cause more harm than good) as a defense against reprisal should the hammer ever fall and the company decides to offer you up as a scapegoat.
The objective here is not to accuse anyone of anything or to pass an ethical judgment. You are merely saying, "I performed this assignment under protest for such-and-such reasons". While unlikely, should the situation turn ugly you can declare absolution.
"09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0"
If you already have a Windows Server in place, consider installing Citrix as a simple applications server and letting most users access a single copy of MS Office installed on the apps server rather than giving each and every one of them their own installation. It's almost certainly a less-expensive (and still legal) solution than buying enough Office licenses for every desktop and, assuming reasonable usage patterns, should provide a good end-user experience.
It is not acceptable, as an alleged professional, to willingly or by policy violate the laws of where your business is located.
I know it sounds like a pain, but you should stand up for your professional ethics. If they are crazy enough to fire you for refusing to break the law, you should deal with the wrongful termination appropriately. As a refresher, our professional ethics are well summarized HERE.
If they asked you to go out in the parking lot and siphon gas from random cars rather than submit a travel reimbursement because the "budget is tight", would you? Would you shoplift copies of the software from BestBuy for them?
Write up a small presentation listing the various options and their costs and drawbacks:
Illegal options aren't really options and should be neither offered nor considered.
I sometimes find it so frustrating to get all the security hasps and serials registered, getting techsupport from the east coast when your on the west coast, that can take days to setup if you don't get it right by noon. That sometimes it's just plain easier to run a crack and have it set up in 5 minutes.
It's a hard path, and I know someone who has walked it. I have a cousin who was in the same situation and was fired for refusing to perform those illegal acts.
If you are in your grace period, they can terminate you without giving a reason, but if you've been employed for some time they cannot legally fire you for refusing to perform an illegal act.
In the end, my cousin didn't get anything out of it. He had to find another job (and did) but he did have the satisfaction of seeing the company get busted for unrelated illegal actions, which were then compounded when the illegal software was discovered.
To this day, even though it was tough being forced to find a new job, he is glad that he took a stand against it... and I'll be the first to admit that I admire him for it.
This is not a sig.
They asked you to violate the law and your own ethics, you gave them perfectly reasonable alternatives that would cost them nothing, and they still overruled you.
Tell me again why you are so attached to this job?
They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
on who's asking, is that yo BSA ?
Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
Except when the majority is violating the law. Then it's OK.
We setup a department at an EDU. We got requests for MS Office in the beginning. We had _1_ license. I said it'd be installed on one machine & that someone who wanted it on another machine could purchase a license. The installation media were kept in a public place & some people installed it on their personal machines. That's fine--plausible deniability. I took no part in it. After a few months, people liked OO.o and Gnumeric as alternatives.
Further: a vendor was using the GPLed version of MySQL in a proprietary app. We badgered to open the source or pay MySQL for the commercial version. They did the latter.
Being ordered to breach ethics sucks. Being ordered to break the law sucks more. And when that order does not come with a signed and notarized get out of jail free card, it is easy to say "hell no." You won't be fired--if they had the balls to do that, they'll be taking the shit they'd get if they took responsibility for the illegal action in the first place.
Something akin to these lines.
"Hi.
I understand what you want me to do but since this violates my personal ethics/religion/dietary requirements I would like you to confirm that this action is what you want me to take".
You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
When I first started in the industry, I was 18, working at a small company, and the licensing status of our software was uncertain with no records, but piles and piles of physical copies of the software we used. It is possible we exceeded our site license (if applicable?) but I figured it was up to the company to watch - I was just a tech.
Now I work at a local college, and I wouldn't even use my personal workstation to download something pirated for use at home. Work just isn't the place for pirated software. It would also be pretty stupid of a company to fire you for not breaking the law for them, though I realize they'd probably have an excuse...
So ultimately, no. Never pirate software at work. If you decide to do so at work or at home, be prepared to take full responsibility for it - and that means a lot more than getting around to paying retail price when they catch you!
I guess I must be the only one who ever worked for an unscrupulous employer who reads Slashdot, but the bulk of the replies here amaze me! There are certain things I'd quit my job over, some that would just keep me up at night, and some I'd do out of hand knowing that it was my only choice. Sure, if they insisted I sacrifice a virgin on some pagan alter, I'd bail immediately. Or if they wanted me to set them up a kiddie-porn site for their personal collections. Or if they voted Democrat (just kidding...) But software piracy isn't one of those 'quit immediately' type of things for me. Sure it's a 'polish your resume' event, but that's about it.
I'm posting this AC because it doesn't reflect on my current employer and I have no desire to 'out' the previous one except where it suits me.
This problem is far more common than people think -- especially at smaller companies that are trying to make ends meet.
What I did in one case was to comply with the order and then got the hell out. I needed the time to find another job. I didn't turn them in to SPA or anything but I sometimes wish I had after some wait long enough to not point the finger back at me.
In another instance, I discovered that my predecessor had installed a bunch of copies of software without having the licenses (nowhere near) to cover the installations. I knew my supervisor was (a) a slimeball, and (b) short on money to cover the software. When I told him about the situation, he asked me to find out how much it would cost to make all the software legal so I did. It was too much for him to cover so he decided not to do anything about it.
Not wanting to be associated with illegal software (I can't go into details, but this was a place with oversight and the consequences to being a party to this would mean immediate dismissal), and wanting to cover my butt, I talked to a company rep for the software and asked if there was a way to convert old licenses to new through some kind of upgrade, plus get a discount on a volume buy. I did this without my supervisor's knowledge or permission.
I felt I had no choice. I did not see going to his supervisor as an option as I was relatively new and my supervisor had lots of friends. I did the only thing that I thought I could to cover myself. By contacting the company rep, I alerted the company that there was technically piracy going on with their software. I did it without authority, but I also covered the entity's butt I worked for by owning up to the software company and appearing to be proactive. I covered my organization's butt to our parent organization as we were subject to software audits -- which would have put us (and me) in an extreme corner. I also forced my supervisor to pony up for the illegal software. And I also documented dates, inventories, and anything to make my case just in case someone tried to blame me for the illegal copies.
My supervisor, however, targeted me and cut my position at his very next opportunity and I had to take another position in the organization. Luckily it worked out for the better. He was also eventually targeted and demoted by his supervisor. Maybe I could have gone above him but I didn't know that at the time.
It was a really tough position. I did what I felt I had to do to cover myself and the organization I work for and to force the hand of my supervisor who was quite content to operate with tens of thousands of dollars of illegal software. I had already been through the situation once and didn't feel like doing it again. It also really made me angry that someone would put me in that position when I am an IT professional. It just sucked. I have absolutely no respect for any supervisor who would do that to an employee and if placed in that position in the future, I would probably be even more open about cutting off their dick by documenting, buidling a case, and going as high as I needed to go to get the issue resolved. I realize that sometimes the supervisor is the CEO/director/whatever, and you can't go higher. In such cases I think all you can do is comply to buy time and get the hell out.
Tell your boss that you'll do it, but that want it in writing, signed by him, that you are to install those copies even though you do not believe you have enough licenses. If he wants to guarantee that you have the right number of licenses and that everything is legal, then fine.
If he refuses to give you such a written request, don't do it. If he attempts to fire you, then you immediately go to his superior (or however high you need to go to get past the ones implicit in this decision), and tell them that you're being fired for refusing to do something illegal that would open the company to a lawsuit. Odds are, your boss is going to be the one fired, and you'll be asked to stay. If not, do you really want to work for a company that has no problem violating the law, and is willing to punish those who won't?
You might point out to them that all it takes is one disgruntled employee or ex-employee to make a complaint to the BSA (Business Software Alliance).
There is a bright spot, however. After they pay a few hundred thousand dollars to the BSA, they may be more willing to switch completely to open source software.
I work for organized crime you insensitive clod!
Get out of the licensing business, push that off on the accounting/purchasing people.
When you put software on an image or distribute/install it, make sure that you have an email "paper trail" of your supervisor of member of management authorizing it. If somebody sends drugs to somebody in the mail, the mailman doesn't get busted for possession -- so you want to be a mailman.
I say this because you a technical person, not a bean counter. Licensing is complicated, and difficult to handle correctly even when your company isn't trying to pirate software.
Conformity is the jailer of freedom and enemy of growth. -JFK
This situation is much less likely to come up in my organisation since we run linux and a sort of thin-ish client environment.
All workstations are identical, so peopel can log in anywhere. Not *all* our software is free of course, but it certainly simplifies the licensing for our non-free applications.
Im sorry but microsoft has made it impossible using their monopoly position to NOT use office. Open offices spreadsheet is notoriously different than excel and most accountants will have no end of bitching till they get their precious excel back. Companies should be as legal as possible, but ultimately its a management decision and you have to put food on the table.
I dont regard software piracy as that immoral though so I might be more nonchalant than you (its right around using pirated mp3s for your hold music imho, as in your not going to get caught and it doesnt hurt anyone). If the company mandated I install prayer screen savers onto every PC because they were ultra religious I might care more to stand up to it. The bottom line is if it offends you that much and you really think M$ is dying in the streets for cash, fight them. Stand up and quit if nessecary. I wouldn't advise narcing them out though. To me that would be the most immoral thing you could do. Petty revenge that.
I'll just use my special getting high powers one more time...
I'm not sure why everyone is giving the advice to make your boss sign a letter accepting responsibility. That is the wrong thing to do. Regardless of whether he claims responsibility or not, by being involved in an illegal act and failing to report it, you become an accomplice. If it's ever found out, your boss may get fired, but so will you.
Your only choice is to refuse to do it. They cannot fire you for that; it would be an invitation for a lawsuit in which you have a very strong position.
I would not install unlicensed software at work. If my boss insisted on it I would ask him to put it on paper with the specifics of the software name, the date, and that he knew we did not have a license. If he signs it taking full responsibility I'd go right ahead.
:)
Part of my job as I.T. Manager has been to make my boss aware of the liability of using pirated software, and of allowing employees to use pirating software like Limewire, etc. If they insist on doing things that expose them to liability it won't be because they didn't know it was a bad idea.
Consider hiring your own lawyer as well. If you find yourself laid off at the next opportunity or otherwise sidelined, you may need him if you want to sue your future-former employer.
A word of caution: You probably signed a non-disclosure agreement. IANAL and I don't know if those will prevent you from talking to your own lawyer.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
I'd be worried about other people. If someone who's using the software has a gripe against you / your boss / the company, it's very easy for THEM to report you to FAST or whatever. I've got a story about that, but I'd have to post as AC.
GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
If something goes completely against my professional advice and someone wants me to do it, I insist on getting a signed order to do so.
In that way, the executive giving the order takes full and complete responsibility and acknowledges that you are against this.
I've had to do this twice - sadly both on security issues.
In this case it would also make sense to make a list of currently owned (and version if relevant) licenses and missing/needed license purchases.
Microsoft usually acknowledges that you can install the software as long as you can prove you've ordered it already, whereas IBM does not take this stance.
Well it is plain simple - refuse commiting a crime. Piracy is crime. Peroid. If your employer expects from you to commit a crime (or witness or whatever) it is your duty to refuse. If you don't have money for car you don't go steal one - similar here.
This is not some minor issue as using a copy of some obscure cracked shareware for fifteen minutes to do some bizzare stuff which you need to do due to pression of time etc. (that I would tolerate). This is about serious and willingful piracy - using few copies of some expensive software without paying for it.
From what it looks like, you have 3 options:
1) Quit
2) Turn them in
3) Do something unethical
I opt for 2, but that is what I'd do given my background and situation. I don't know if you have other obligations (family, debt, etc.) that effectively requires you to keep employment. In any case:
Write to your immediate supervisor asking to put his directive in writing. Keep a hard copy of this directive at home. Ask what the penalty is for not installing the software. Try to get this in writing as well. Contact a lawyer and see what remedies the law gives a person in your situation. I would think (or at least hope) that someone who is directed by his employer to do something illegal would at least be able to keep their job if they told the authorities or, better yet, were able to get part any financial settlement coming out of deals.
Of course, copyright infringement is a civil crime, so you can always go that route. Hell, give Microsoft a call or even the BSA. They might work out a deal with you.
I would never turn them in...
I'm guessing that this is why they asked you. Maybe you should rethink your loyalties...
The society for a thought-free internet welcomes you.
This is the only real way to CYA: do what you're told, document it (video/sound recordings should do, depending on your jurisdiction) and call the cops. IANAL and TINLA.
It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
Has the submitter absolutely determined that they don't have the licenses, and for whatever reason they've chosen to send a guy around with a CD? Seems silly to pick a fight, however well meaning and potentially appropriate, over what might be a misunderstanding. Now if it's not a misunderstanding, obviously don't be a party to the crime, and report it. Then you can add a line on your resume about how you initiated a project which saved your company x dollars in liability, and stopped a manager from destroying and embarassing it.
And if it's not against your principles, you're choosing between hoping it will blow over, and covering your ass. In most cases, I prefer the CYA approach -- cover yours, not your bosses'.
(IANAL)
It wasn't all that long ago that Best Buy's Geek Squad came under fire for using a bunch of unlicensed software to do their jobs. I don't think anyone lost their jobs but I know Best Buy paid a very hefty fine. It's only so long before you're caught. I'd agree with the majority that it's best to take the moral stand and find new work ASAP.
~Vexed and loving it!
I admit that I know nothing of copyright law so sorry if this sounds dumb. Can employees get screwed for using pirated software even if they had nothing to do it being installed in the first place?
What's the worst that can happen? Everyone could benefit from spending a few years as a homeless person.
the NPG electrode was replaced with carbon blac
In my first job (defense contractor) my boss came to me and asked me to sign a blank piece of paper so he could assign a drawing number to it. The idea was to get the blank piece of paper into the drafting system so that they could ECO a drawing onto the paper later. All this, to make a deadline that had funding attached.
I said no. He got mad. I pointed out that he had signature athority too and asked him why he wouldn't sign it. This perplexed him. He left and returned with his boss. I asked him why he wouldn't sign it. They left together and returned with the third level boss. Once again I refused, once again I asked why none of them would sign it.
They all left. No reprocussions. Because I left the company six months later I'll never know if there would have been any.
Then I worked IT team leader for a small company. They wanted me at one stage to install pirated software. I refused. They insisted. I offered to talk my boss through the installation so that she could install it. She didn't want that. I asked why she wanted me to do something that she wouldn't do. This got me that standard bullshit lecture that we've all heard a million times about not being a team player. To which I responded "Apparently, that makes two of us." This stopped her pushing me. She did go to the other IT guys, but when they looked at me I shook my head no. No one would do it. The end result was the company finally bought the licences, and we IT guys finally installed the software.
Don't do anything illegal for any company. You'll find that loyalty is a one way street -- from you to them. It very, very seldom runs the other way.
Push it up the chain to the owners, then if there's no love:
The BSA gives out rewards for reporting piracy. Tell them the situation, but not the company, and find out if the reward will be worth possibly losing your job for reporting them. Then if you do lose your job that's good lawsuit fodder. Reporting is confidential, so the BSA won't tell it's you, but they'll probably know anyway due to your past protests.
I really don't like the BSA, which likes to drastically punish people for shoddy license accounting. But this is a case of a company willfully and against clear advice installing, using and profiting off of unlicensed software on a large scale. It's just wrong.
Technically, if you kind-of sort-of think of having one version that is illegal somewhere, you are doomed, even if not installed.
;) ;) Nah, seriously, see first part: they are personal, and don't involve me ... was just kidding here.
My stand on this topic:
- I do not condone installing pirated software. When I find one, I remove it. If they are "personal licenses", I do not look, nor want to have anything to do about them, but I tolerate them. The user is responsible for their own computers, and if they want to install "their" Office, that's their problem. If I am told, even candidly, it's a pirated software, I remove it. After all, for example, I have my own personal version of Nero on my computer, and since I don't even have a PC anymore at home, it's valid license. How can I tell if it's really a personal version or not.
- If a software is purchased but not received yet, I do understand why you would use a pirated version while Adobe sends their CS3 licenses to my company (current example). But this is a temporary measure and because the provider is not being fast enough. In case we are asked, I have the invoice to prove it. Then, make sure it's not the ultra full pro version when in fact you are buying the cheap basic one. Make sure to be consequent
- If a software uses a hardware key that is making the computer crash (for example Aura that was using the Sentinel key), I have absolutely no problem in using the more stable cracked version than the legal version. That said, I still have the boxes handy, and if asked, I can tell that reason.
- If it's Office and it's overpriced (really is), I don't care
The idea here is to be VERY precise and clear. Don't tell it's pirated, or else, I will remove. Otherwise, do as you please with your computer. And please don't involve me in this. If asked, they are your personal licenses. If I have one doubt, it will be deleted, don't make me doubt.
Wear a voice recorder and go to his office - ask him (use his name if you can: "Sorry to bother you Mr.Criminal I'm concerned that installing this software unlicensed will be illegal; if you'll sign a letter stating that it's properly licensed and that you've ordered me to install it then I'll carry on."
He should incriminate himself enough either in his response: "just f***ing install the damn warez you hippy". Or in his letter (which no sane person would write surely).
Make sure you've got good clear evidence. Then stand firm and either contact his boss (owner) or simply refuse.
Then when you get fired you should at least win an employment tribunal and get some years of pay as compensation - and see your boss get his ass kicked in court too!
This is not legal advice - YMMV!!!
The first time I refused to back down and wound up prompting the company owner to call the company lawyer, who literally passed a brick when the owner tried to explain that he didn't "feel" software piracy was wrong. His language is very specific here, because while you might not feel like you're doing something wrong, that doesn't change the fact that it's illegal. Eventually they knuckled down and paid full price for the package they were going to pirate. The second time I was sacked on a friday afternoon after lunch ("Studies have statistically shown that there's less chance of an incident if you do it at the end of the week"). I called the BSA on the way out, and a few weeks later the company was audited to the bargained-down tune of $6,000, of which I received $500 for "doing the right thing". Ultimately, it's a question of how questionable you'll allow your ethics to become; things like this may not travel from job to job or position to position but it's much easier to keep the high ground than to regain it once you've lost it.
We use nothing but pirated software. Because our financial analysts found out that by doing so, we are actually attacking our competitions and also saving spendings on softwares. It's a total win-win strategy.
stop being such a faggot!
The force in this case is that you're the IT guy. Can anyone think of the best thing about being the IT guy?
Anyone? anyone? Bueller? Bueller?
You can talk over people's heads and just make stuff up! Seriously. I ask myself this as the IT guy all the time: "Hmmm... do I really want to explain this or do I just want to make something up to get rid of this person?".
Many times, it's make something up. Besides pointing out the obvious illegality, you can just mention that everytime Office is opened the serial number is reported back to Redmond. If two people have it open at the same time then "BAM!" Microsoft sees a possible piracy issue.
Remember as the IT Guy that you possess specialized knowledge not unlike a doctor or a lawyer: professions where making stuff up is a time honored tradition.
nuff said.
IANAL, but I am an employee representative with legal training. However, for Germany, not the US.
First, insist that they give you the order to install that software in writing. Tell them that you believe it is breaking the law, but as a good employee you will of course do it if ordered to do so in writing with either a) a statement from the legal department that it's legal or b) a statement from the boss that he's taking responsibility.
Stand your ground on this one. Make sure you have a witness (a co-worker) if things get tough.
Second, put your objections in writing as well. Sign them and mail them to a third party - a union representative, a lawyer, anyone who'll count for something in a court of law.
That should cover your ass. If you're ok withh probably breaking the law, you're good from here. If you're not ok, do the one thing you can (and, by the way, are legally obliged to) do: Inform the authorities. Really. Stop dancing around the fire. No matter what you do, one thing is sure to not make you happy in the long run, and that's the half-assed way.
Assorted stuff I do sometimes: Lemuria.org
I've been in a similar position where I was asked me to testify against my employer. My employer made it clear that if I did "my Career" path would be very limited. So I testified my company was found at fault and within 3 months I was asked to resign, at which point I refused. A few months later I was RIF'd from my position with no separation package. In the exit interview I simply stated "wonder how the lawyers" will feel about this. True to form I had an offer to leave and not come back but I would receive a paycheck for the next 18 months along with all my benefits. If you do the right thing you wont have any regrets. In your position I'm guessing you probably have a manager that is trying to look good by saving money. when the chips fall he's not going to stand in the way of some one else taking the blame. Remember you work for .gov and your expected to fall on your sword
no matter how good it is, it is human nature always wants to make things better
1) Talk to a lawyer about your liability.
2) Get any statements made by them in eMail.
3) Tell them you refuse to do this because it's illegal. Make it clear that you have seen a lawyer and will see to it that action is taken if you are fired for any reason.
4) Don't do it.
Or
3) Tell the CEO to pay you 25,000 bonus or you will report them to the BSA, and the SEC(assuming they're public).
3a) If they fire you(hey, you never know) contact the BSA and SEC
3b) Tell your lawyer they fired you for not doing something illegal. NEVER EVER EVER tell anyone about step 3.
4) Prepare your resume.
Remember: When it hits the fan, You will be the scapegoat, even if that means you will go to jail. They will ALL say you never mentioned anything, and that they told you to be sure to get the liscenses. Also, that they are terribly sorry to MS.
The Kruger Dunning explains most post on
Jesus, we buy shitloads of software for exorbitant prices - fuck anyone who tells you how to use that software. Give me a break. Install it on billions of your machines if you want.
First, if you live in a country where most software is pirated in commercial offices, not doing so is competitively disadvantageous.
...
Second, if the definition of pirating by another country does not match the law and practice in the country in which this occurs, you need to ask what the definition of pirating is.
Third, it depends on the utility and usage - do you use it often? what type of firm are you?
Fourth, it depends on who the money goes to. For example, does it go to Larry Ellison to buy more yachts?
Fifth, it depends on how long it takes to get a legit copy - if it would take you four years to do the paperwork to install a legit copy after purchasing it, why are you doing this?
And, sixth, it depends on if the software firm that produced said software stole your concepts and patented or copyrighted them.
But, most of all, it really depends on how much you are getting ripped off for when information just wants to be free
-- Tigger warning: This post may contain tiggers! --
4. Install Open Office instead, see if people notice.
Users will be wanting to know who has filled their hard drives with syrup.
You write a memo that says:
"XXX has asked me to install pirated software on the company network. Since this is illegal, I have no choice but to refuse."
and you send a copy to your boss, your boss's boss, and so on.
You should also brush up your resume, although if you do get fired for refusing to do something illegal, I would think that most civilized jurisdictions would consider that to be wrongful dismissal.
Several comments here suggest getting someone higher up to document the order to commit the crime, so the blame will not lay with this installer.
If he does, and even if he isn't the installer, he'll know the software is illegal. Isn't he required to report that?
It's sounding like you don't have to report known illegal actions in the US. Is that correct?
To me, the answer is simple, it's the CYA technique (Cover Your @ss). There is no reason in being a snitch, it's hard to get good references from your job, if you willingly put them in trouble, your reputation goes down too. The best course of action, one which CYAs and is ethical for you and them (employer), is to write them a memo, letter, make sure it is signed by you, give copies to your superior and/ whoever needs to know at your place of employment, and have the following content: 1) Part of your duties is to install illegal software, for which you do not want to be held responsible 2) If possible, try and explain the negative impact of the company, should the discovery of illegal software use is found. 3) Give your employer a list of legal alternatives, and explain the pros/cons (cost, etc..) 4) Ensure your employer that if none of the alternatives are viable, and that you will continue your duties, that you will do so, at THEIR own risk, not yours and that they have been warned. Don't just give them the letter, use the postal system to send them the letter, and send yourself a sign copy to yourself, and DO NOT OPEN IT. Keep it safe, if ever, one day, there are issues, this letter may save your @ss, because it will be sealed, signed, delivered to you and it would have been stamped with the date you received it. It is always best, in these matters to send the letter as a package and get a receipt. Cheers!
...piracy is going to be the more expensive option, since fines that the company will need to pay after the BSA audit are very much higher than the costs of licensing. And that a BSA audit is going to happen for sure, since BSA encourages whistleblowers and preserves their anonymity, and it will only take one disgruntled employee to cause the company a big, expensive, problem.
Do this in the body of your letter of resignation, where you provide 30 day notice. CC that letter to the CEO and the Chairman of the Board. Yeah, you are burning the bridges behind you. But what is behind you is hostile territory— always was since the managers who have created this situation have dangerously dysfunctional thinking patterns. Consider yourself lucky that you learned how dangerous these people are without getting permanently damaged.
But also suggest in this letter that if they are interested in a truly lower cost approach, you would consider working for them as an outside consultant for 130% of your current salary with a two year contract with appropriate bonuses for timely conversions to high quality, low cost FOSS alternatives to their MS habit.
The 130% will cover the loss of your benefits, and will be a little lower than the total payroll cost of your current position... so this is in fact a reasonable offer. Coupled with oral statements in the right ears that you regret that it is now impossible to continue in your present job under management that you can no longer trust, this could open up new career possibilities for you.
Use better sentence structures than I have when you compose this letter.
A very good argument could be made in this case that the liability in tort should be imposed on your employer rather than you, under the concept of vicarious liability. This is similar to respondeat superior in agency.
This is not to say you should do it, however. As many like to point out that breaking the law doesn't mean you're necessarily doing something unethical, operating within the law doesn't guarantee that you are being ethical, either.
When an employer asks me to do something to which I strongly object, I ask them to give me the instruction in writing and to spell out my concerns and the consequences and their acceptance of responsibility. I very much doubt the controller of your company will sign a written document acknowledging that he is asking you to break the law, and agreeing to take responsibility for the act.
I have had to do this four times in my career. Twice they signed, and twice they backed off; and either way I kept my ass out of the fire.
-Chris Knight
-- This sig is only a test. If this were a real sig it would say something witty. --
wait until just after someone you don't like leaves your company, then write an anonymous to the copyright holders, the police, F.A.C.T or equivalent and then sit back and watch the auditors come in. You won't be considered as a whistle-blower :)
My web domain.
Quit. Seriously, if they get caught, how much do you want to bet they'll try and say that it was all you just "trying to save money for his boss"? There's a real good chance that your boss won't take accountability for his actions and the organization will not either. You can bet they'll do anything they can to delete any evidence either, including confiscating your work PC before the feds have a chance to look at it.
If they won't install free software, and they demand that you do the actual legwork of the piracy, then leave and let them do it themselves. If you feel rather altruistic, you could file a complaint anonymously. Most legitimate companies pay a lot of money for software, and they aren't going to NOT hire you because you refused to install pirated material.
I have been there before, and know exactly what you're going through. If your superior demands that you install something illegal, then don't do it. If they fire you for that, then report them for it. Chances are, they'll realize that you'll do that and they'll back down, or if they do go through with it, they're idiots.
Report them to the BSA. Collect $10,000. Simple. :-)
Coder's Stone: The programming language quick ref for iPad
If it's any consolation (????), we at my department of a large well-known company routinely abused any software licenses that we were able to.
Unless the software policed its own license, such as checking if other copies of itself were installed on the network, or required a key, or was checked when a support call was placed, we were told to install what we needed when we needed it regardless of the license policies.
This apparently varied by low or mid-level manager: some followed the rules, several of mine openly flaunted them. Upper managers would never begin to claim to tolerate license piracy (this sentence was carefully crafted).
I was led to believe I would be viewed as uncooperative if I did not flaunt the rules when there were no consequences to face.
Is this a surprise?
Maybe the title should say "we do it too".
I agree with this Carrot fellow. Your boss might be smart enough to avoid leaving an electronic trail, but document everything you can. With luck, you won't need any of it, and if your boss(es) make the right decision, you can always delete it.
You are reading a copy of my copyrighted post.
Call up the BSA and ask what the penalties would be if a small company were found with about X unlicensed copies of Office.
Sit your controller down for story-time. If he doesn't seem moved, invite the company lawyer.
Grüß Gott aus Bayern!
Comment removed based on user account deletion
Just blackmail the bastards.
"linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
"Other than drafting a letter to the owners of the company on how I disagree with the policy, what else can I do?"
Let's see... you could:
1) Turn yourself in to the the BSA and claim complete responsibility for the morons who employ you.
2) Use all you vacation time, starting now, to find another job.
3) Convert your entire IRA this company's stock and then whine profusely when they go belly up...
like a good Enronite.
4) Chalk it up to experience and move on, realizing that your soul is worth more that you will ever be paid.
5) Start babbling random expletives and threatening the establishment for rewarding dickheads with startup capital.
Cuz I cant even install free open source apps. Granted I use portable apps and standalone exe apps. Using illegal apps is just dumb at work, because if you have any credible business you should be using paid for apps. Now if you are at home and need to learn and keep up to date on some programs its not as big a deal.
"over ruled by our controller, to my disagreement" I wouldn't stand for an overruling... overrule him... see how he likes it. If he doesn't sustain your ruling, you'll just have to agree to disagree.
Excellent letter. To the point and business-like. No "Install or quit" because it just states the facts. Kudos to you.
Put identity in the browser.
If it were me, I'd be updating my resume.
I walked into a job where an office of 80 people were running from one copy of every piece of software they owned. From my personal experience, once they ask you to do this and you balk, your days are numbered anyway. In my case, they didn't let me go right away, they waited for a few months. Of course in that time I prepared reports and estimates to make them all legal and work within the corperate structure.
The truth is, if they don't have enough money to buy software, they also don't have enough money to give you a raise and you are in a dead end job. Get out as soon as possible. After I was let go, I did report them to BSA but they were absolutly incompetent. And all any lawyers wanted was a retainer to do nothing. The best thing you can do is refuse to do anything illegal and get as much documentation as possible so when they fire you, you have a leg to stand on. In the long run, you will be much better off in your next job.
It is possible to buy real copies of LOTUS SMART SUITE 9.8 for as little as $20 a copy online and it is excellent software. It can import Microsoft files and save them as Microsoft format. 123 is excellent. WORDPRO is better word processor than WORD and it is all capable of being saved as Word or Excel. They might be cheap but this is both cheap and legal.
Next time your boss says "I need a bigger desk," then tell him "OK", and proceed to help him steal someone else's desk. If he asks what the hell you're doing, then simply explain to him that stealing is apparently how your company gets what it needs to work on.
Then, offer to drive him to Office Depot, and steal boxes of pens, and new phones for everyone.
I love the fact that pretty much all the responses to this topic say "quit!"
It is amazing how easy it is to tell someone else to quit their job. The majority of people telling this guy to quit have probably installed lots of pirated software in the past, and they probably have music that they didn't buy. Why should you be so offended when your manager asks you to do something that you've already done in your personal life many times?
It is kind of like if you are a mass murderer and go to prison, and your cell mate asks you to kill someone in a cell down the hall. Shouldn't be that offended that he asked, should you?
Anyway, what this company is asking him to do is wrong. No doubt. But I love the fact that everyone here is so incredibly offended and now has all these morales that they didn't have last week when they were posting bits about how they trade music files without guilt because even though the law says it is illegal, they don't recognize the law as being valid.
Well, this is SLASHDOT, after all.
You've been asked to break the law. And if it's ever found out (and keep in mind the VAST majority of BSA audits are on the behest of disgruntled employees) you'll be the one on the hook. You don't want that.
Resign, and make no bones about why.
What else are they doing that's illegal?
I'm not kidding here. If they're willing, as a company, to do something illegal, then this is either the tip of the iceburg or the top of the slippery slope. If they get caught at this, you'll be the scapegoat. If they get caught at something else, you'll come to work one day to find a a padlocked door and a nice man from the DA/DOJ/FBI/IRS saying you're unemployed now, but he'd sure appreciate hundreds of uncompensated hours of your cooperation, and what's this they're saying in there about you wanting to install illegal software?
Resign. They are unethical and you don't want their stink on your resume.
Document all they've asked you to do, then hand in your resignation. If they give you an ounce of grief, well, in your shoes I'd wish I had the balls to demand four months' paid severance with full benefits, on top of the glowingest of references, all of which (I dream of reminding them) would cost them a lot less than one visit from the SIIA --- or one shot on the six o'clock of their executives news being led from the building in handcuffs.
This is not my sandwich.
Not just NO, but HELL NO. I would never under any circunctances do anything unethical, much less illegal, for my employer. If that's the policy at your place, then find another job that has a well documented ethics policy. I'm not getting thrown in jail for a bunch of cheap, greedy bastards.
I'd be interested in seeing how they react if you told them that, prior to your installing the software, you need to get something in writing from the boss stating that: A) They're instructing you to install the software, and B) that they know you're out of licenses and that installing the software would violate the law.
This would put them in a weird spot because there's no way in hell that they're going to give you that, yet I don't see how they could blame you for realizing that you need to cover your ass.
They could have one of three responses:
1 - They don't give it to you in writing and they pause long enough to consider trying OpenOffice,
2 - They don't give it to you in writing and they conclude that you're not a team player and that you're just looking for something to blackmail the bosses with.
3 - The DO give it to you in writing (in which case, your ass may or may not be covered, so you might or might not want to go ahead and install it). Either way, as long as you have the paper, your employment there is assured. However, I'm not sure you'd want to keep working at a place where the bosses are so dumb as to ask you to break the law in writing.
The more I think about it, the more the honest choice sounds right. You can't make dishonest people act right. When your boss is not honest, it's time to leave.
If they are going to fire him for refusing, they will lose the email and lie about that too if anything bad happens. They can also lie about the licenses. The boss will lie to HR and then paper his file as a trouble maker.
They've asked him to do something they think is wrong. There's no winning in a situation like that.
Friends don't help friends install M$ junk.
1) Early in my career, a VP walked into my office and asked me to steal a copy of a competitor's source code. I refused. I later found out he'd already asked someone else more senior, who had also refused. He eventually came to his senses, and never asked us to do anything unethical or illegal again. Everyone lived happily ever after.
2) A few years later at another company, two C?Os kept a vendor busy while another VP "borrowed" a copy of their code "until we can afford to pay it back". The rest of us found out about this when the company got sued. Not long after, the company went into bankruptcy and everyone was laid off. Just before thanksgiving. Happy holidays to all the rest of us. I don't think it came to criminal proceedings against the officers of the company, but it very well could have. Civil suits were also filed against the CEO/CFO team, and they declared personal bankruptcy as well.
So which boat would you rather be in?
I know, you could end up getting chunked out of the boat all together. At that point, I'd drop the hammer on them. If you think think that's a likely scenario, speak with a lawyer NOW so if they threaten you, you know what to say. That might solve teh problem.
If you're dead set against it, make a point of telling them that, document everything along the way so you have a paper trail of this entire incident. Worst case scenario is they fire you. Solution: Take it to court and let the company try to explain how they fired you because you refused to break the law on their behalf. Then take your settlement and go on vacation. You can bet that if a regulatory group does crack down on your company, and you followed through with loading up unlicensed copies, you're going to be blamed for it. Personally, I'd say fight it, don't give in to them.
If it's enough that you know you'll hate yourself if you stay and follow your boss' orders, I don't see a good reason for you to continue working there. The IT job market is slow, yes, but there ARE jobs out there that an IT professional can do.
I'm sure your pay and benefits are excellent, but neither of these are worth an integrity compromised.
"We are Microsoft. You shall be assimilated. Competition is futile."
I would seek out a Lawyer that has experience in Whistle Blower cases. How large is this company? How deep do their pockets (or insurers pockets) go?
Document everything. Get it in writing, or via email. Play DUMB when asking for this stuff. You need to craft the higher ups an email that is simply an FYI that this is violating the licesning terms. That you don't feel comfortable. Get a delivery and read receipt.
If shit really hits the fan, you have CYA.
That looks quite good and reasonable. Maybe it should also be cced to the manager's boss, unless the manager is the owner, or perhaps if there's a legal department to them.
FalconShould there be a Law?
So when you are fined and are put on trial will it be time to turn them in or will that be a good time to just do what they tell you. Turn them in. If they are doing business in the real world they either need to pay for the tools their employee use to get their work done or need to look at FREE alternatives. Turn them in and then leave because they don't value you if they would ask you to do something like that.
David Vasta iSeries(AS/400) Admin & Junkie
If they want you to install illegal software against your wishes:
;)
1. Get documentation of your attempts to convince them otherwise
2. Get more documentation of them instructing you to install illegal software
3. Document how, when, and against your wishes you followed their instructions
4a. I'm sure there are lots of legal organizations that would like to give them a royal depantsing for trying to use illegal software, you might consider calling them.
4b. If you just can't bring yourself to blow the whistle, keep the documentation safe in secret (It may turn out handy later).
Overall I would think you must consider that a company wanting you to install illegal software is probably also going to be a company to wipe their hands of the situation and point the finger at you when the feds come knocking.
You might also suggest that your documentation is highly tied to the police. If you got fired, a manila envelope might find its way to the right person's desk.
And the reason for that answer is best summed up by one of my all-time favourite quotations (from, I think, Alan Simpson): "If you have integrity, nothing else matters. If you don't have integrity, nothing else matters".
As an experiment, one of my friends wanted to see if he could make people think they were using MS office, when really it was Open Office. He succeeded admirably... He installed open office, changed the icons to look like the MS office ones, changed all links to the files so they said things like 'microsoft excel', and set all the defaults and everything in the programs so they saved documents and everything the same way as the microsoft equivalents. Kind of a pain in the butt, but most users are not going to notice the difference between the two pieces of software (particularly if they're being told they're launching MS products)...
You should never allow yourself to be ordered into doing something illegal. However, your boss *can* put you in a no-win situation unless you take some precautionary steps.
The fact of the matter is that you need to *first* make sure that you handle the situation calmly. If your boss backs down, it doesn't mean he isn't going to hold a grudge against you if you caused his pet project to fail.
Proving why you have been fired can be a tough thing to do if time is allowed to pass. You need to evaluate if you can work with this individual in the future. If he is the type to hold grudges, start looking for another job, even if he seems to calm down. A boss who is willing to order you to break laws will see nothing wrong with trumping up means to decrease your performance ratings even if he doesn't fire you or target you for the next layoff. Moral high-ground isn't very comforting if you are sacked and not prepared for it.
If any boss gave me an illegal order, I'd instantly consider getting a new job. Even if you aren't fired, you may find yourself laid off after someone sues your company for similar actions.
Don't expect the legal system to protect you without preparation. If a boss calls you into his office and gives you an illegal order that you refuse, it will be very difficult to prove he ever gave the order if that boss denies it. Your word against his and all that. At that point, you are a potentially marked man, without recourse until you take some action to strengthen your position.
If the boss does manage to give you the order without any other witnesses, your first step is to go to his boss, with a co-worker and report that order was given. He needs to know about his underling, and you want the co-worker there to make sure that it is clear that you immediately went to him about it. It also prevents that person from covering your boss and his own backend, should he also be the unscrupulous type.
Be professional about it, though. I have had some bosses who were generally not bad people, but wanted to get the job done. If you can phrase your refusal in a way that is not indignant, but still a firm, "no", then you will be better off. He may realize he's been a jerk, but rubbing it in his face is a bad idea, unless you plan on leaving your job soon anyway.
I've been in the same position a few times... refused a few times, which gave me a somewhat hard time for a bit but last time decided to play it different. Went to the media safe, grabbed the CD set, tossed it on the manager's desk and told him to do it himself, since I didn't feel like dirtying my hands. That made him wake up...
Do you like the idea of working for a company that insits you do something illegal? Personally I wouldn't, there's nothing wrong with a mix of MS office for those that need it and those who have Open Office for those who don't, we do that an my current company as a cost saver.
Ok you need to CYA (cover your a$$), get it in email and then print out and keep a hard copy at home. You could simply send an email to your boss stating that you want to clarify their stance. Even if you don't get a response print out your sent email.
Install open office and just change all the icons to look like MS office, I bet they won't even notice the difference - other than the lack of crashing, random data corruption and failure to open different formats / versions that comes with MS office
Website Just Down For Me? Find out
I dunno if an iPod has a microphone and can directly record audio to it's hard drive or not, but I have a competing brand of pocket mp3 music player with a 30GB hard drive and it does record audio files, quite nicely, and quite discretely. I always have it in my shirt pocket. Nobody ever thinks twice about it, as carrying an "iPod" device is commonplace.
Whenever my employer or a vendor "calls a meeting" and I wish to capture them telling lies or making empty promises (or the remote possibility of asking me or my fellow employees to commit some type of offense), you can bet that my personal audio player in my pocket is running the whole time, capturing it all.
Cover your ass, son.... cover your ass.
If your company is publically traded in the US, it needs to comply with the provisions of the Sarbanes-Oxley act. One of those provisions [1] is that there is to be an Audit Committee, not reporting to any executive officer (but to the board of directiors, including non-executive directors), and that employees be provided and told about a process to report ethical or illegal issues to the Audit Committee. The process usually requires that the employee tell their supervisor first, but if the supervisor takes no action, the employee can and should contact the Audit Committee.
Professional integrity demands that one do this.
If the audit committee does not act, then the entire edifice is rotten and one should leave before it collapses. Sending a copy of one's complaint to the local police, industry regulators, SEC, etc, will then land the entire audit committee in very deep shit.
[1] Because in WorldCom the CFO was cooking the books and all routes for complaints about cooked books, like the audit committee, went through the CFO. This SPOF has been removed.
"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled"
THere is protection for people in your position called http://en.wikipedia.org/wiki/Whistleblower#Legal_p rotection_for_whistleblowerswhistleblower laws that can help protect you against any retaliation.
-- My Sig is a P228.
You work for your employer. They pay you. You make more money for them with the work that you do than they pay you. Inform them about better alternatives to the programs that they are using and how you can improve their IT processes. Don't tell them that they are 'breaking the law'. Then install the software and go back to your work.
I personally have serious reservations about what passes for law. I'm not a criminal or an anarcharist. I am one of the twenty five million Americans who have been arrested for possession of herbal intoxicant cannibus and can point out many instances of having suffered discrimination as a result. This experience has led me to real-word realization that most of what passes for law is just bullshit designed to keep someone rich. And that especially applies to any law related to software.
You're a software developer and I'm ripping you off and taking food out the mouths of your children? I don't care. Go be a plumber. No one needs you to be a software developer. If there is a need for the software, then someone will write it. If I need it then I'll copy it. That bothers you? Grow up. Software is common good. Copying it, using it, modifing it is not a crime.
Again I don't do crimes. I don't murder (I'm not one of the troops that we are endlessly told to support). I don't steal (I've never used my position as a company executive to short sell the company stock and backrupt the pension fund of my employees, like MANY of the big buck campaign contributers to the current rack of sleezeball politicians). I've don't rape (I'm from Providence and our former mayor raped, admitted it, laughed, and walked away untouchable).
I do copy software. I do it at work if it can improve my personal productivity. I am used to my text editor and my user interface configuration. Ditto my graphics image processing software. I'm not going to learn yours. If my company won't buy it and install it for my use, then I do it myself. I'm too old and worldwise to give a shit about whether someone has a problem with this. I don't care.
Fortunately nearly all of the companies that I have worked for have the same realistic perspective on this issue. They want me to be productive. They want me to be discrete. So I'm productive and discrete. Everybody's happy.
If you boss wants you to install ten thousand copys of BozoWord on the corporate network, just do it.
I agree. I thought the whole point of principles was that they were fundamental. They should govern what you do in situations like this. If they don't and you get confused they're not REALLY principles are they. It's like those idiotic vegetarions that have turkey "just at christmas".
Please read the children of the parent post, especially the polite ones.
Also note that the EULA terms for Office change subtly and critically from version to version.
Current Office versions demand an application license exist "per device".
Now I remember why we have a drawer full of old Office licenses that are no longer installed.
The company I work for do it, they even know that it's wrong (i.e. saying things like "I don't know what you're installing *wink* *wink*"). The frustrating thing is that the sort of applications we have illegitimately installed are for the most part vital to our job, for example the Macromedia suite of applications (Fireworks, Flash, Dreamweaver specifically).
I can think of at least 5 other enterprise class applications that are installed on several PCs in our organisation that are used daily and considered integral to the operation of the business, which have been downloaded from newsgroups and activated using keygens, etc.
Ironically the Directors will stump up the cash for software that they want to steal one of the licences for themselves for their own equipment (e.g. they bought Photoshop CS3 as it comes with a 2-machine licence, one for the actual member of staff that needs it and a copy for the Director). I have to use CS2 (also legit) right now simply because the Director took priority over the 2nd CS3 copy, but that's by the by.
I don't think it's a unique phenomenon, particularly in small businesses who are trying to shave margins everywhere they can.
Years ago, I worked for a local computer builder/retailer and they ordered copies of Win98 from a distributor. The discs came with certs of authenticity and books. Shortly before I left that company, I learned that they were bogus. A week after I was gone, I fired off a web form to the BSA and to Microsoft.
Remember, most piracy is discovered because of disgruntled former employees. So, unless your company has none of those, don't even think about installing the software.
As others have said, do your best to get the demand documented and move a copy of that outside of the company's control. When/If you refuse to break the law, let them know that you've documented the illegal request. Either this is the action of one rogue manager and he wouldn't dare to retaliate or if it's company policy they may try to fabricate a reason to dismiss you. Don't be afraid to go public. It would hurt them more and potentially make you known to a new employer.
BOFH ethics trump PHB ethics.
If someone is passing you on the right, you are an asshole for driving in the wrong lane.
What settlement would that be? Unemployment?
In the US there are very, very few positions you cannot be fired from for no reason at all. There are reasons they cannot fire people for, but there are no limits on firing people for no reason at all.
Over a decade ago I worked at a place where my boss had her husband doing "unofficial" repair work. This work included things like taking new parts home for himself and installing old used ones, along with pirated user licenses. Reporting this to her superior only made me look like an insubordinate employee who was trying to make sour grapes. My advice is do the same as I did; document it, get the hell out of there, and then report them for piracy.
You really have to have a discussion with the management. Take your stones to that meeting, you'll need them.
Here's the deal--if your company is caught doing the crime, it is your fingerprints on the keyboard, no matter how many written directives you have. You are complicit because you did the deed, AND you have a responsibility to your company to protect it from exposure to criminal activity.
I recommend that you not offer technical options. Instead, spend your time explaining how Microsoft tracks down dirty little license cheats, and how they enforce payment. Bring case studies of companies that are similar to yours that have lost a license fight. It is your job to make management understand the true risk and consequence of violating the law--don't assume they understand at all.
That's YOUR JOB, Mr. IT Guy. It comes with the territory, so suck it up and do your duty, or sure as shit, your job will be sent to India.
This is probably a dumb question, but is Citrix even required? Assuming that the s/w is installed on a Windows server, can't the clients connect to the server via Remote Desktop and run the apps on the server?
The real "Libtards" are the Libertarians!
Don't know how well this could work, but you could try spoofing an e-mail or faking a phone call or letter from a Anti-Piracy Organisation or just from Microsoft themselves. Give them the impression that someone official will be conducting a 'regular' random check on their software licences, and the installing question will probably go away.
Of course another insane idea might be to install the software but add a virus to the mix. Then when it deletes and messes up everything, blame the pirated software. I'd guess that'd change company policy....
Of course, making your (and the laws) position known, is a far better plan. If your boss asked you to kill someone, or take drugs or whatever your wouldn't, this shouldn't be any different.
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Surly the amount of room it takes to swing a cat is highly variable based on the size of the cat, the length of your arms and whether you swing it by its paws or tail...
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I would find a new job immediately. Your employers are telling you to steal, and your reputation is on the line when they get caught.
At the end of the day, your own personal ethics outrank any job. Stand up for what you believe. Period. You'll have enough regrets in life; at the least, behave honorably in everything you do.
Honestly, if you are really an "IT Professional", you would know that installing pirated software at work is FAR less than professional.
Live up to the standard, don't pull it down to suit your employer.
Don't install unlicensed copies of software put it writing why you won't - I saw a very good email pro-forma earlier in the comments DO! maintain a complete itemised diary of all contacts with your superiors on this subject and any other topic that YOU FEEL results from your stand on this If you can afford it, seek legal advice and keep a copy of the diary records with them
Parent post is correct and grandparent post is thus not interesting, insightful, or whatever else. It's implying something that's false, and should be modded down.
Compile your own version of OpenOffice.org with all occurances to the name changed to Microsoft Excel, Word or whatever. Replace the splash screen and tell them it's a special new version from Micrsosoft especially for cheapskates.
If your company is large enough to have a legal department, contact them. They'll be better able to convey to management the amount of liability the company is being exposed to. If your company is publically traded and SOX compliant, there are anonymous whistleblower numbers to contact. If not, make it known to a variety of management people "in an effort to get conformation" then report them to the BSA. Then deny, deny, deny when they claim it is you (since everyone else knows too, it could be anyone in the chain of command that ratted the company out). If they still fire you, sue them for wrongful dismissal and reap a year or two of free no work salary.
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Crudely Drawn Games
When I was asked by an employer to do something that could make me liable for damages, I did what you suggested. My boss was unwilling to put in writing what he wanted me to do. They didn't put it in writing so I didn't do it. I got away with it. I think the reason I got away with it was because I was a union member working under a union contract. Alas, in the United States today, most workers are "at-will" employees without union protection. If I had pulled a stunt like that in a non-union shop, I'd have most likely been sent down the road. My advice to the original poster would be just do as your told and turn them in anonymously.
1) Look for a new job. Do not work for unethical people any longer than you need to.
2) While looking install the pirated software without making a fuss about it. Making a fuss about it by documenting your concerns could result in you either getting fired and/or being blamed for the illegal copies. Either way you lose.
3) After finding the new job and starting it, send an anonymous letter to SPA or whoever, documenting the number of installations verses the number licensed.
I want to add to this that I find the moral implications to be of a different order altogether. It's one thing to violate copyright privately, quite another to do so in order to make a profit.
Moreover, companies are granted special protections and rights by the government. To balance this, they are expected to compete in the market. They must follow consistent rules in order for that competition to be (remotely) fair. Even if the law is broken and wrong (as I believe copyright is), that is not a sufficient justification for a business to take it upon itself to play fast and loose with the law. (Other justifications - such as important political or cultural speech, lifesaving treatment, artistic merit, or the ridiculously untenable position Digg just found itself in - may have merit. Profit does not.)
I know many small developers and web designers pirate their tools. I don't feel comfortable judging them; neither do I think it's my job to police big companies who can afford to pay but cheat anyway. But for myself, as a professional software developer (and no fan of Microsoft) I have spent thousands of dollars on Microsoft tools. I knew that I would not be comfortable with my actions, or feel my criticism of copyright to be wholly legitimate, if I did otherwise.
Now I develop free software, because that's what I believe in. The high cost of proprietary software only reinforces the advantages of the open model. When companies play by the rules, free and open source software wins.
I suppose you also want to keep your job. Maybe even more important you don't want to be known as the guy who refuses to do something so trivial to help the company just because your such an law-abiding jerk. Maybe even most of the other people in the company know about that stuff and no one seems to care about it beside yourself?
Bad news:
You can't just install OpenOffice - that won't do it.
Good news:
It is not your problem to solve and this is exactly the point you can tell your superiors. They are trying to move a problem to you which is actually theirs. Tell them you can't do that and ask them to find another way to solve the budget constrains. You can bring up OpenOffice at a point when they try to nail you at the wall. Not as the perfect solution (it ain't in a MS-Office environment), but as something which might help them to get by for the moment, if they find absolutly no way to pay for original licenses. You might even get prepared for that talk and do before that some compatibility tests with typical documents of your company. Test if documents are screwed up, do macros no longer work etc. Do not avoid talking about the problems which can arise when switching to OO. Now they know their choices, that installing illegal copies is none of those choices and the decision what to do is back at them.
Obviously you shouldn't do it, but think about it this way. By refusing to do it, you also kind of get a bonus: you basically have a free pass for the next few years. They'd have to be pretty stupid to fire you, for any reason, since you can then sue and say "I was fired for not doing something wrong." And while unfortunately your ascension through the ranks might be slowed by the incident, hopefully that time (where they really can't fire you) will be long enough to find a job where you're not managed by people so unscrupulous.
What you're doing is contrary to your own morals, and against commonly held professional ethics for your trade. Tell them that breeching those morals could make you lose your licenses. Then remind them that they could lose their own professional licenses, and thousands of dollars, if they continue this illegal and immoral path.
Sure, they can fire you, and you can tell your story, and I'm sure the police, the labour board, and the copyright owners would all be very interested to hear how you were fired for refusing to break civil and criminal law.
It's been a long time.
Hi -
No way in hell would I follow this directive. If you are a public company (i.e. traded on a US stock exchange), I would do the following:
1. I would communicate, in writing, in a notarized communication that I will not follow an order to break a law and that I expect that my company will comply with applicable employment law and not retaliate against me for my refusal.
Get a the notary to notarize that the copy of the letter you have is the same as the original you presented to them. What you want is a record of the letter which you submitted.
In this letter I would also communicate my recommendation to either license Office (find the most economical way to do it) or install OpenOffice.
I would be sure to detail in this letter the details of the order to break a law. Who gave it, when, the reason they gave me, etc.
2. I would send a copy of this letter to the Whistle Blower hot line for your company along with the Board of Directors.
3. Send all copies by registered mail. Get that receipt with the signature on it.
If you are a private company, I would:
1. I would communicate, in writing, in a notarized communication that I will not follow an order to break a law and that I expect that my company will comply with applicable employment law and not retaliate against me for my refusal.
Get a the notary to notarize that the copy of the letter you have is the same as the original you presented to them. What you want is a record of the letter which you submitted.
In this letter I would also communicate my recommendation to either license Office (find the most economical way to do it) or install OpenOffice.
I would be sure to detail in this letter the details of the order to break a law. Who gave it, when, the reason they gave me, etc.
I would be sure and detail in this letter the details of the order to break a law.
2. Send all copies by registered mail. Get that receipt with the signature on it.
If you end up getting fired or a "hostile workplace" is created, I would:
1. Send a letter to both your state department of labor and the Federal EDD outlining the situation and including a copy of the communication.
2. Contact the BSA with the details of the situation.
3. Retain an employment attorney and go after a big settlement.
And no matter where you are, I would start looking for a job. A company that will break the law to control expenses is going to do it in other places. You don't want to be there when it blows up.
Yours,
Jordan
I had the same problem a couple of years back. I had them sign a document stating that they are in fact aware that they are installing illegal software and not to hold me responsible in case any action was taken against the company. If the give you grief because of that you really need to find another job.
Microsoft have a webpage where you can anonymously report licencing violations.
Just do that then you can sit at your desk at work one day and watch Microsoft stormtroopers break your office door down and butt-rape your controller, safe in the knowledge that he'll never find out who squealed.
As a matter of fact I wouldn't install any software. Mostly because I don't have to, lately with all those USB disks and things like portableapps you don't really have to install anything on others' computers.
Copyright infringement is "piracy" in the same way DRM is "consumer rape"
First, do you need the job? Sure... everyone says to quit. But, they aren't the ones supporting a wife, two kids, a dog, and a mortgage banker. If that's your situation, install the software as you were ordered. Try to document that it was some elses decision as much as possible. At the end of the day, it's the business owner that is liable for this (but, IANAL). If you really don't like it, that's understandable. Good for you for having ethics. It's time to find another (better) job, but on YOUR timeline and on one where you can still take care of your more important commitments. As much as possible... keep everything quiet. Including your reasons for leaving. Just like you might not want a spouse with a lot of "baggage". Employers aren't that interested in employees with baggage (whether it's your fault or not).
How do you handle it?
Step 1) Document your concerns. How many installs are needed, how many are unlicensed, etc
Step 2) Document your correspondence with your controller. Send them an email explaining (a) that unlicensed software is wrong and can result in large fines for the company (b) that you are aware of unlicensed software (c) it will cost $X to bring the company up to spec and (d) how they would like you to proceed. If they pull the Manager trick of verbally discussing the answer with you, follow up by emailing them a summary ("I want to be sure I clearly understand from our recent conversation...")
Step 3) If the issue is still unresolved, bring it up with the owners/president. "Dear Mr President, we are exposed to possible fines, I haven't been able to find a solution, and I am concerned for the welfare of the company"
Step 4) If the owner isn't willing to do anything... call the BSA (or whatever the software authority is in your area)
These 4 steps follow the chain of command, cover your a$$ if they try to blame you for it, and will eventually result in the right thing happening. If you're lucky, they'll realize they were in the wrong, and they'll correct things. If you're fired, hopefully there's a whistleblowers statute in your area. If there isn't... at least you're not working there anymore.
The mere fact that you'd bring up this issue says that you're not comfortable with it. So don't do it. No job is worth your self-respect.
(Of course, there's always "Option B"... just buy the damn licenses (or have them billed to the company), don't give them the option of not purchasing more. License purchasing is suddenly a part of the process. "What's that? Install Office on Bobs machine? Why, no problem! I'll just go call our vendor, buy a license number, and be right back!")
If I knew the wedgies I gave you back in 6th grade would have resulted in this . . . I might have taken a moments pause.
But they can easily make something up. The employer might say he has bad B.O. They don't have to prove it, they can say its their subjective judgement and its still valid. It is possible the employer is completely unaware of such lax labor laws, and will goof up, but I wouldn't count on it. You really would have to start wearing a wire, and an independent paperwork trail as well.
1. Install the software as requested.
2. Find a new job.
3. Call the BSA and report your former employer.
4. Profit by collecting the reward from the BSA.
If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
well...no.
All you need to do is convince a jury that you were fired for breaking the law.
If you ahve documentation, I would think an out of court settlement wuold happen. IOtherwise it will come to the attention of the SEC and the BSA.
The Kruger Dunning explains most post on
I understand how you might feel about the rule of law, but ultimately this boils down to you developing a contentious relationship with your employer, who may or may not continue to pay your meager salary, in order to protect the continued prosperity of Bill Gates, et al.
Unlike a lot of other posters, I recognize this situation, and thus recognize how hard of a position you are in. The ethical and utopian part of all of us says "quit the job", but I also know that this isn't utopia, bills need to be paid, and if you have a family, you're just as responsible for keeping food on the table. Doing what's right and being the hero isn't always the easiest thing to do.
Either way you look at it, you're in for a loss though. If you go and install things without second questioning, you may be in legal trouble later down the road. If you keep questioning it and escalating the issue, your work place may become very uncomfortable very fast.
If you don't what to quit your job, but you want at least a small bit of conscious that you at least tried (and a bit more security when the brown stuff hits the fan), here is what I would do.
Send your boss (or more hopefully bosses, if there is more than 1 superior) e-mail specifically laying out the issues on hand, and making it clear (but polite) that they are asking you to do something illegal. Let them know that you DO want to continue working at your job, but that you do find it very uncomfortable to be required to break the law. You've probably already done this, but if it was verbal, do it again with e-mail. BCC your personal account on this one, and keep the records! (That's why I insist on something in writing, not verbal.) Don't bother mentioning OpenOffice or other OSS alternatives, it's probably not your job to bend backwards finding legal solutions to illegal decisions the company made, and more often than not, insisting that there IS a solution can get you in more trouble, however irrational the reasoning behind it is.
Now at this point, with a written record on hand, it's more likely than not that the boss will prefer to take matters in his/her own hands and escalate the issue. He/She is just as likely to get blamed by the company if they get sued. But, if he doesn't, I would just play along and install the illegal copies. IF the BSA takes a particular interest in your company and decides to audit, and the later sue, that single e-mail could be a life/death difference. You still did something illegal, and just because your boss told you to doesn't make you exempt of any laws, BUT, judges are usually understanding of such circumstances and who is REALLY to blame.
Now that I said that, I have one more suggestion. If you don't have one already, think hard about it and start working on an "oh shit!" savings. Regardless of your profession, you NEED to have financial funds to support yourself, hopefully for at least 6 months, without a job. That's so that if you get laid off, fired, or find that the illegal demands of your employers are becoming untollerable, you can drop everything and have peace of mind that you won't go begging on the streets tomorrow. You may even need to use part of it for legal counseling if things get really bad.
I worked for a small family owned (publicly traded) oil/gas exploration company down in Texas for about a year.. Came in and the guy there was farming all IT work out to the local consulting firm... I got them off of NetBEUI (yes, NetBEUI) and on to IP and setup DNS/WINS/DHCP... I also took them off of WorkGroup PostOffice (ouch) and also managed to upgrade them to Windows 95 and Office 95 or whatever the heck it was back then... in doing my assessment i came across the fact that we did NOT have licenses for more than 25 pc's and yet we had 250 employees... I did the math, submitted it to the CIO and he said it was a calculated risk they were willing to take.. even though the OS/Office licenses would not have totaled 75k and the penalties at the time would have been over 300k... i left about 2 weeks later after rolling out Exchange and upgrading their desktops (Finished my task) and went on... I still to this day have the email that he wrote me back with the 'calculated risk' in the return... found it on an old 20GB DAT tape going through things to chuck into a garage sale box...
what an arse...
sig goes here!
2. Get the order to violate copyright and patent law, plus violate license agreements, in writing. You write it out. Get your boss to sign it. Make sure it explicitly states that the boss is choosing to break the law. Tell the boss that he has asked you to break the law, and you will only do so if he signs it. If he threatens to fire you, remind him that the law protects the jobs of those who refuse to violate the law. If he signs, go to 3. If he gives in, then you're okay. If he fires you, go to 5.
3. Write the owners or every member of the board of directors, as appropriate for the type of company. If they give in, you're okay. If not, go to 4. If they fire you, go to 5.
4. If they still insist, do it, then write the BSA. I can't stand them, but you can get reward large enough to keep you happily unemployed for a year or more while you search for a better company to work for. If you get fired, still go to 5. Otherwise, feel happy that you have punished stupid management.
5. If you are fired for refusing to break the law, contact a local employment attorney. You have an open-and-shut case. He/she will work on contingency, meaning you won't pay up front, (s)he'll just take a percentage of the settlement/judgement.
Another non-functioning site was "uncertainty.microsoft.com."
The purpose of that site was not known.
Lose the opensource label and just say an alternative was offered. Knowledgeable people who favor open source might understand the relevance, but it will only confuse everyone else, perhaps even weaken and undermine your case. This is a legal issue, not an appropriate forum for expounding the benefits of an alternative software model that few understand or appreciate.
If they're not willing to spend the money on necessary tools, then what else are they not willing to spend money on? Maintenance contracts? Training? Your next raise?
Post your resume and beat feet.
Obviously before pulling the trigger on something like this you'd compile a CYA paper trail, and have at least one copy off-site.
You should do what you think is right. "just doing my job" isn't an exuse. If your job is incompatible with your beliefs, you should quite (i.e. pharmacist who won't hand out birth control) but that does not seem to be the case here. I doubt they'd fire you for putting your foot down, and if so, you'd win in court.
Productively, you might want to look at http://sassafras.com/.
If you centralize the install then you can bypass a chunk of licensing fees, as only a % of users will be using the applications from the server install at a certain time.
Also if you turn them in, MS will probably not do much other than make them legalize their licensing needs. MS tends to only go after large corporate 1000+ installs or reseller pirates, most companies just get asked for licensing fees.
Shit nigga, if somebody offered me money to whack somebody the first question I'd ask is, "How much are going to pay me?". You're being given the opportunity to commit crimes for a living and you're bitching about it? You need to grow a spine. Tell your boss, "If you're gonna upgrade me to being a gangster I want more money. And don't give me stupid capers like pirating software. I wanna be an enforcer. Beat up people. Intimidate people. That sort of thing."
Then when the police come down on everyone I'd just say, "So what I pirated? Everyone does it."
You need to relax homey. People commit crimes all the time. It's no big deal. You're being given an opportunity to be a professional criminal. I suggest you take it. You gangster dawg!
Ethics is further down the list of things to be true to than survival. Especially since we're talking about something as abstract as violating a copyright.
No, we're talking about not being someone else's bagman and the risks that involves. The problem here is that the boss is transferring the risk his company is taking to the employee. If something goes wrong he's screwed and won't have the option of another job he has now. If the company is caught and he's blamed, he'll end up washing dishes for a living.
I've worked with convicted felons and they all deeply regret their convictions. Their crimes were petty but it has locked them out of all sorts of honest work. The few people who hire them do so because they know they can squeeze that much harder. This makes life harder for them than you and me.
Friends don't help friends install M$ junk.
It depends on whether you think breaking the law is worth keeping your job.
Brett
I don't entirely disagree.
However when you say If you boss wants you to install ten thousand copys of BozoWord on the corporate network, just do it.,
that's not exactly discrete.
what I would do is demand they sign a waiver saying that installing the software is a requirement of my job and that either they have licenses enough to cover the installations or they are accepting full responsibility for any infringement that results from your actions.
If they refuse to sign it, don't do it. If they fire you, you will have a fun time with them in court. Maybe not the most solid legal ground, but good enough for me I think.
A widely-held opinion about software is that people install pirated software because they would never buy it if pirating were not an option. These people can somewhat justify their decision because the company has not lost anything by your action. (commonly cited, "copyright infringement is NOT theft") Businesses on the other hand usually have a budget limited only by what the mangement deems is acceptable expense, so they cannot fall into that category in most cases. For this reason I expect businesses to pony up for their software, and I perfer to follow the "try before you buy" model for my personal software. I own several licenses of software I have deemed worth the asking price and useful, and several other titles I am still deciding on. I've reviewed waaay too much crap and have been extremely thankful to not be out my "software is non returnable" $49.95 each time they bait me into garbage.
I work for the Department of Redundancy Department.
0. Talk to an attorney about options.
It might be as simple as your attorney contacting the companies attorny. Problem solved.
The Kruger Dunning explains most post on
Make sure you have the order to install the pirate software in writing and then just plain refuse. Then if they fire you for disobeying you have a case to sue them. If they don't then just start looking for a better job, since they have showed that they suck. Quitting is not something you need to do since you can wait to see if there can be a liquidation and unemployment in your future (read vacation).
You have informed them they are committing a crime. They have ordered you to do it, at least implicitly threatening your job if you fail to do it. They bought the package to be pirated, they own the computers it's pirated to. You are legally in the clear. Especially if you are willing to testify for the prosecution at your company's RICO trial.
Face it, copyright holders never ask "who's responsible" for pirating. All they care about is "who to sue". Your pockets are just nowhere near as deep as your employer's. So, let 'em suffer. God knows they asked for it. Quite literally.
There are lots of neats idea being given to you, some of which I might not mind trying myself if I could.
But the bottom line is that if you are a professional then you do the ethical thing. It's not a huge issue beyond that. Ethics are one of the many things that defines what being a professional is.
Well except for lawyers...
Hmm and accountants....
Fad doctors...
Oh screw it, install the damn pirated software and then once it's done blackmail the tightwads in exchange for not turning them in.
There, that feels better.
Why offer to quit? I'm pretty sure its illegal to fire someone because they won't break the law. Just offer to install Open Office or nothing at all.
You need to quit because the boss will blame you anyway.
Friends don't help friends install M$ junk.
Piracy is not..oh wait a minute you said 'crime' and not 'stealing'.
huh.
well that's correct then. well done.
my bad. Continue with your regular scheduled meme.
The Kruger Dunning explains most post on
what happens with this.
How about a moderation of -1 pedantic.
You couldn't "steal" ours even if you wanted to, because we refuse to consider you a pirate. :)
I've fallen off your lawn, and I can't get up.
I don't imagine you'd have any repercussions against you personally. Yes, you're the tech that actually installed it, but a.) you mentioned that it was illegal and b.) authority isn't really yours in matters like this. What's more, it's unlikely that criminal charges would be filed, so at worst you're looking at your company getting fined. And it's true that the software alliance people threaten people but it's been a loong time since I've heard of a company getting audited and sued.
In other words, they need to comply with the law, but there probably won't be any real consequences for this.
Refuse to perform the installs and instead tell your boss that someone else will have to do it. If they continue to push it, ask them to draft up a full indemnity contract between you and your place of work for any and all legal fees and awards.
I sincerely hope your place of work is not pushing this on you. I have seen small and large businesses get hit by software piracy claims and it is not a good thing.
Either way, good luck to you. I hope it all comes out okay.
Sometimes I wish people in management positions over IT departments were not quite so ignorant.
Of course, then IT folks would not have jobs . . . .
Document, document document - as in keep track of all communications and don't do any of it verbally. If you have verbal communications, email the parties involved with a conversation summary saying, "This is the summary of ourcoversation as I recall it. Please append comments or corrections if you believe them necessary".
One approach is to ask them to sign an affidavit stating you are doing this because told to, and that all parties recognize the illegality of it. If they fire you as a result of your "attitude", you probably have a case for taking them to court for illegal termination.
What ever you end up doing though, I'd get out of there ASAP.
"I can't do that. It's illegal."
That's all you have to say. If they say, "Do it anyway", all you say is, "I can't do that, it's illegal" or perhaps "You can't legally ask me to do that." (This covers *any* illegal action an employer may ask you to take. I went through this once when I was asked to falsify records, for instance.)
I'm assuming here that you haven't _already_ compromised yourself by committing illegal actions. If you have already done so, then the moral and legal high ground are probably lost to you and you probably need to seek other employment. But if your own nose is clean, you have the legal right (indeed, obligation) to keep it that way.
What they will probably then do is get somebody else to do it instead. Theoretically they might fire you, but it's unlikely and would put them on shaky ground with such bodies as the Department of Labor (assuming you live in the US), to say nothing of the bad press they would stand to sustain if you went to the newspapers. Much more likely they'll get somebody else to do it and ask you to just look the other way.
Then you have to figure out whether you can look the other way. I'll leave that as an exercise to the reader.
Cut that out, or I will ship you to Norilsk in a box.
Get it in writing, signed, have it filed with the corporate lawyer.
The person directing you to do this is the one who should be on the hook for it and make sure that your can prove that you objected with documentation.
If he won't put it in writing the make sure that your objection is in writing and filed with the appropriate corporate officers, including the controller.
Do as your boss says and either accept it or look for another job. This will happen again. Can you handle working under these conditions? If not, find another job and quit. I guess you could just quit and feel morally superior while you're living in your car but that wouldn't be my choice.
Push the button, Max!
Just keep it simple and professional. Get a list of all the Serial Numbers you have (legal access to). Email that list to your boss, along with a letter saying: "We have office installed on the following computers: Dave Jones, Workstation 101, Serial # 1234 1234 1234 1234 Steve Jones, Workstation 102, Serial # 1244 1244 1244 1244 Etc Etc Etc I am ready to install office on workstation 201, 202, etc etc, but we have no more serial numbers that I am aware of to activate any other copies. If you have more serial numbers available, please provide me with a list of them and I can proceed with installation, thanks in advance! Tom Jones" This tells bossman that you know what is going on, that you have an inventory of what is where and what should not be where. And if by some miracle he comes up with a list of new serial numbers, that is on his head, not yours. You're just implementing instructions and information that was provided to you by your boss. If he tells you to find serial numbers on your own, tell him you have no idea how or where to look for that kind of information. Keeps it simple, shows him you're willing and ready to install, you just need that one thing from him to proceed.
...as long as one party (you) know the conversation is being recorded.
The needs of the many outweigh the needs of the few.
Install the hell out of the software. Screw Microsoft. They'd screw you if they were in a position to. Oh, yeah, you are putting them in that position...but just do what you know they'd do since you're giving them the opportunity. Yeah. That's the ticket!
UNIX is truth, the Console is life. Use Evolution to send e-mail and not virii.
So Simonetta, what exactly do you do for a living? If you refuse to pay my company what we ask you to pay for our software, then why should anyone pay you and/or your company for the work you do? After all, saving money by not paying you for your product or service increases my personal productivity, right? "I'm ripping you off and taking food out the mouths of your children? I don't care."
If you don't agree with the price my company wants to charge for our software, you have exactly one choice: don't buy it and don't use it. Try "I don't like your price so I'm not going to pay you for your work" on your plumber, mechanic, doctor, lawyer, etc. and see what happens.
Imagine instead that you are a solider who has been given illegal orders. Are you going to shoot the civilians or disregard the order and make a fuss?
Don't install the software.
...
Tell your higher ups 'why' you will not install the software.
Make sure 'several' people know the 'who, what, why, where and when' of this issue. They will be your witnesses if need be.
At this point you have a few choices and you may wish to seek legal advice.
1) Stay on the job and hope the incident results in no negative impact.
2) Stay on the job and sue.
3) Leave the job and sue.
4)
Obviously your employer has allot of options should they be dissatisfied with you over this matter nor is it likely they would be so foolish as to tip their hand with actual reasons for this dissatisfaction. No matter how this works out, you will suffer a great deal of emotional distress at a minimum. Don't be surprised that after a period of time, your employment is terminated. This will be for 'other' reasons and the longer the length of time between their illegality and your termination the better. For them.
I suggest you get proactive, an attorney and consider any future you may have had with this company pretty much over. Even IF the company admits, apologizes and corrects the error of their ways, they are simply covering their asses while remaining vindictive in all probability.
When an employer demands or even suggests an employee knowingly perform an illegal act, their ass is in a sling, but you have to act or else you will likely wind up jobless with no compensation beyond unemployment perhaps. Your going to be jobless anyway, might as well get the money. In addition to that I would hope the employer learns enough of a lesson that the next employee doesn't have to suffer similar. In other words, your pretty much doing everyone a favor.
Me, I've been in the tech services business a long time as an outside contractor so my situation is a bit different when it comes to matters of recourse. I am an independent with a reputation at stake. Now I might gain some business by going through offices with free software like Johnny Appleseed but I prefer not to base my business or reputation on that model.
When anybody makes such a request (not uncommon) usually I look them dead in the head and ask if these are legal copies as in site license. When they say no, I say that 'I don't do that' and what happens next is up to them. On a very few occasions I bought the software or licenses and billed the costs out as labor. The client never knew they were legit until I handed over the documentation.
When I started to encounter these problems I simply asked myself whether I wanted to be a stand up guy or some crummy hack. Most of these businesses can afford the software, they would rather not pay if they don't have to. Those who cannot afford the software might want to reconsider how they conduct business.
This is not to say that I don't work in places with illegit software installs. I do, but I have nothing to do with it. Kind of like a doctor with a heroin addict for a patient. I treat him and will help him straighten out but I'm not the guy giving him the heroin.
I will say this on behalf of small business guys and many startups: MS Office is to damn expensive for what most people get out of it. I've steered people to Open Office as an alternative but encounter enough sniggling compatibility issues, software and users, that the option seldom gains much traction. Smarter users increase the possibility of successful adoption in my experience, or if needs are minimal.
Well, good luck. Most people would simply install the software and forget about it. Life goes on.
http://www.bsa.org/usa/
Is what you're being told illegal? Absolutely.
Are there personal penalties for doing it? I honestly have no idea. Maybe you should spend $100 for a half hour of a lawyer's time.
If you're going to do it, get the request in writing, on paper, with a real signature, from the highest ranking person in the company telling you to do it. Take it home with you. Insist on explicit wording.
This sounds like a small company (the controller in a big company wouldn't be dealing with software licenses like this.) I'm a cog at a fortune-200 company right now, but when I've worked at small companies, I could walk into the owner's office with a knock on the door frame and a "Hey, are you busy? Can I get a minute?" In that case, especially if the owner is a decent person, make sure they know about this, and that they understand the issue, and the possible consequences.
The preferred solution is to not have a problem.
So Simonetta, what exactly do you do for a living? If you refuse to pay my company what we ask you to pay for our software, then why should anyone pay you and/or your company for the work you do?
We make medical equipment. If you need our stuff, and you don't pay us, you die.
If we don't pay you for the software, we get to use the software anyway. And if you don't get enough money from selling your software, you die.
If you don't agree with the price my company wants to charge for our software, you have exactly one choice: don't buy it and don't use it.
Actually, we have two choices: that is the point of this discussion. We can chose to pay you, or we can chose not to. Either way we still get to use the software. And if you don't get enough money from selling your software, you die.
You knew that the software business was like this, and you chose to make a career in it anyway. Don't waste your time trying to force people to pay for software. Better for you to come up with reasons to pay you for your skills and expertise that don't rely on unenforcable laws.
...I'll keep cracking software that my boss installs pirated for me. That's just company policy, and I don't have any say in that.
"Please describe the scientific nature of the 'whammy'" - Agent Scully
Your employer can't order you to break the law and then fire you if you don't. That alone could potentially net them an extortion charge. However, as with anything, still comes to what you can prove in court. The can fire you and you have to then go after them if you want compensation.
Remember, if you're a non-profit, TechSoup has some affordable licenses for Micro$oft products. If you're a for-profit shop, then yeah, mgmt should buck up and pay for the licenses, or accept other legal solutions (OOo, MSOffice "Viewer" products, etc.. Or, get a site license - always worth the reduction of headaches.
Returned Peace Corps IT Volunteer
Ask for a raise. If they don't give it to you, find another job.
Then, about 6 months after you've left, report them to the BSA.
That should fuck them pretty well and good.
Just refuse to install the pirated software. Continue on with your normal job activities. If they fire you, unemployment is a given. If they don't, you won.
I wouldn't pirate software for work and not just because I work for a megacorporation that has business deals with many vendors, but because it is morally and legally wrong.
I don't pirate software for personal use. I don't download music or movies illegally. I make decent money so there's no reason I can't shell out the bucks for the software that I deem worthwhile.
2. Threaten to go with the document to Microsoft
3. Demand money for the office licenses.
4. Install pirated version and keep the office licenses for yourself.
5. ...
6. Profit!
Click here to turn in your employer. Select the button that says "I am reporting an organization using pirated software on its own computers. (You may be eligible for a reward.)". Or call, toll-free, 1-888 NO PIRACY. Operators are waiting to take your call.
There's even a PowerPoint presentation which explains all this, titled "Don't Play Roulette With Your Business" (And it plays fine in OpenOffice Impress.)
Also, print out this Microsoft article about "reduced functionality mode", which is where your pirated version of Microsoft Office will probably end up after a while, unable to create new documents.
Im sorry, but I am just mortified by your double standards in what is in fact a pathetic attempt at whinging.
.. and yet your biggest concern is that now you are being pressured to pirate MS-Office to save money.
.. duh. But really, you completely lost the moral ground in the first place when you watched them use Excel as a Database, and stood by and did nothing about it.
You are an "IT Professional" who works in an environment where they use Excel as a database
Well, many could rightfully claim that you need to stand up and assert yourself over your beliefs here about the legality of piracy
My GOD - YOU are a programmer, an IT professional, a creative person who has the ability to make computers do things that benefit mankind. You are a modern day magician, and you deserve respect !!
Being a professional means that you DONT SIT BACK AND LET THOSE THAT RELY ON YOU DO THE WRONG THING - get some leadership into you, assert yourself, and use that respect to make changes in the process. Being a leader in your field doesnt mean giving up and looking for a new job - be willing to lock horns with people, stand your ground and prove them wrong, no matter how big and important those other people seem to be.
If that doesnt work out AFTER you have given it everything you have got (and proven them wrong), if they still dont get it, THEN you can walk away and get a new job, knowing that you tried.
Who cares if they pirate MS-Office ? So they dont want to give more money to a convicted monopolist ? Big friggen deal, get over it.
Your companies biggest IT problem is that they are living in the IT stone age - Use your skills to earn the respect you deserve, and use that respect to drag them kicking and screaming into the 21st century.
YOUR biggest problem however, seems to be that you are treating your job like some sort of popularity contest. You are appeasing people and going with the flow, in the hope that they will like you more as long as you dont rock their boat. (Incidentally - A LOT of guys still have this problem with women as well, and end up getting dumped over and over again by hot chicks that they try to please at all costs)
Well - heres an idea for you - throw your weight around a bit more, and be willing to challenge people a bit more. Surprisingly, you might even find that you make better and more meaningful friendships with the people that you once butted heads with.
...Would be to refuse. I just quit my job because my employer's practices were illegal, and even though I don't believe I would've been doing anything illegal in participating I chose not to because I didn't want to disrespect the law, because I didn't want to help him break the law, and because I didn't want to be a hypocrite for telling him not to do something while I was glad for the opportunity since it gave me a job.
I suggest reading Romans chapter 13 in the Bible. It talks about the necessity of obeying the governing authorities.
"Pure and undefiled religion in the sight of our God and Father is this: to visit orphans and widows in their distress, and to keep oneself unstained by the world." (James 1:27) (NASB) If you're a Christian then cleave to that. Jesus' blood washes away those stains, but do what's good in the first place.
Definetely, I wouldn't do it. And what to do about it? That's why boss of bosses exists :)
ghostbar page.
You turn them in. If you know you're installing illegal software, you are assisting, you are involved. Don't become involved, get another job before it gets worse. Honestly, if they can't afford to purchase the software properly, then they might not be able to pay your wage before long.
Task Mangler
So... Might makes right? If I am able to forcibly take your work without paying you, it's okay? If I steal and sell off your medical equipment, you shouldn't try to stop me. Better to spend your time coming up with reasons for me to pay for it that don't depend on laws? I don't buy it.
The poster of this story actually works for Microsoft ?
Maybe his boss is telling him to install Office, and the poster doesnt realise that paying for licenses in this case is non-sensical ?
Whats he gonna do - report Microsoft to the BSA ?
"You probably know that we buy a set of licenses for MS Office. Each license lets us install the suite on a single machine. We are contractually obligated to not install on more machines than we bought licenses. If we don't comply with that contract, we are liable for big penalties.
There is actually an organization out there that encourages employees to be 'whistle-blowers' against companies that violate the contract. Here's a couple news articles about the kind of trouble those companies have gotten into.
You hired me to do a good professional job for this company. Although it's easiest for me to just install more copies of Office than we have licensed, I owe it to you and to the company to let you know that doing that will expose me, you, and the executives to possible fines and even criminal actions. Professionally, I don't think that it is worth it. Anyway, my loyalty to you and the company means that I must raise the red flag sometimes.
I have several suggestions for how to get the company's needs met:
Please let me know if you have any questions or concerns. I will hold on doing further installations until I have your written authorization for the action which the company authorizes."
So unless a product is not required for survival (i.e. 99% of products), it's okay to steal it? You're a fucking moron!
What's sad is that, calling you a fucking moron is infinitely more intellectual than the shit you post. Really man. Grow up.
> Other than drafting a letter to the owners of the company on how I disagree with the
> policy, what else can I do?"
Copyright infringement is a tort, not a crime (in this instance). Send a letter to the owners and proceed as ordered. And start looking for another job.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
No need to quit. Send an email to your boss explaining why you cannot legally install the software, then simply refuse to install it. If he fires or demotes you, and you're in the good ol' U S of A, it's lawsuit time. You can sue for wrongful termination. I'm pretty sure you can even sue for wrongful stalling of career. If it comes to that, be sure to contact Microsoft to see if they'll help you with your lawsuit. It would certainly be in their interest to support you.
I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
Installing unlicensed software is a dangerous thing to do, but we all need our job, lets be honest. I would answer the issue by sending an email, something to the effect of:
>>>>>>>>>>>
to: bos
from: me
Date: mm/dd/yy
As per our conversation, I strongly recommend against installing unlicensed software on our employees machines. Ernie Ball Music had to settle for $90,000 with the BSA for merely accidental infringement. Please understand, I am not trying to cause any internal issues and believe I am trying to do the right thing for the company and my department by trying to limit it exposure. I fully understand that it is not my call and will defer to your judgment on the matter.
Your name.
You need to keep your job. You need to keep your reputation. Do what your told, but cover your ass. Great operatives are important in the world. An IT guy, like it or not, is an operative of the company. There are policies out of your control. You may disagree with them, but the job requires you do them or quit or be fired.
You will not find an IT (or any really) job that doesn't have moral conflicts, you have to draw a reasonable line you will not cross, and be a stand-up guy and warn the people who are asking you to do something that you feel is unethical, but in the end, let the "gray area" be the decision of your boss.
For anyone working for the Federal Government and find themselves in a similar situation, report it to the U.S. Office of Special Counsel, Disclosure Unit. This office "...serves as a safe conduit for the receipt and evaluation of whistleblower disclosures from federal employees, former employees and applicants for federal employment."
Ignore all the advice to quit. That may be a viable option for run-of-the-mill civilian jobs, but in federal service there is only one employer. Move to another position, yes, but don't give up a federal career over something so insignificant as this. And no, you are not expected to fall on your sword. You are expected to disclose fraud, waste, and abuse.
Gary Dunn
Open Slate Project
Look at a company like LinkShare one of the biggest affiliate marketers I read this a while ago it's still in the WIKI history but has been deleted http://en.wikipedia.org/w/index.php?title=Linkshar e&diff=prev&oldid=102114872 - ""In 2006, LinkShare paid $89,000 to Business Software Alliance (BSA) to settle claims that it was using unlicensed copies of Adobe, Microsoft, and Symantec programs. [http://www.pcworld.com/article/126551-1/article.h tml Using Illegal Software May Not Pay - Business Software Alliance collects millions from companies caught using software illegally] By Linda Rosencrance at Computerworld, July 25th 2006""
This does not condon it however if we steal software why not go opensource!
I think it's best to be abrasively blunt in a situation like this.
If you did not misstate your question, and are, indeed, considering illegally installing software in a business environment, then you should be fired even before anyone has the chance to find out if illegal software was installed or not.
If you really meant to ask something more along the lines of, "My employer is asking me to illegally install software. What is the best way to deal with this, while still keeping myself on solid legal ground?", then it sounds like you already have some pretty sound advice from the other replies to the thread...
You just can't mess with legality in a business environment. There is too much of a chance to get caught, and then get all the blame laid squarely at your feet. It might be hard to picture yourself without a job, or going so far as to report your employer to the proper authorities, but it's better than being nailed for someone else's mistake. Just make sure you document it all to cover yourself.
It's funny, lawyers may well have the least respect for the law,
but they are really great to have as clients if you are a contractor.
They (well, _my_ lawyer clients, anyway) are perfectly happy to be billed in 10 minute increments for random phone enquiries, and they don't bat an eye when you raise your rates.
On the other hand, the entertainment industry seems to think that because they are "in the movie business" I should give a discount, provide unlimited free phone consultations, and drop any other client's mission critical emergency for their trivial whim.
Bah.
Hmmm..
You live in Providence (most likely RI). I used to live there LONG AGO...
You work for a medial equipment manufacturer.
You have low ethics, as probably would your employer.
I surmise you work for Afferent Corporation on 275 Westminster St. The phone number is (401) 453-9933.
It is based in Providence, and due to the lack of polish on the website, it is a "low brow" company. I compare that to, say Boston Scientific.
Oh well... Guess I'll leave it to be if somebody wants to alert the BSA about this and get slashdot's logs. The BSA does seem rather crazy in how they fight for people to make confessions like this.
...so you can be replaced with a robot.
Meanwhile, the rest of the world thoughtfully considers their actions in context with their respective situations.
Just do it. Then turn the idiots in. I hear the BSA is giving out pretty big chunks of money to whistle blowers.
Don't assume malice when incompetence is a possible explanation.
Your boss probably thinks that it is a petty crime and no one will notice. Show him news clips that show that 1) windows now calls home and rats out the customer, 2) BSA has the right to come and audit (cost the city of Virginia Beach $1.6M). Then ask him not to put you into this situation. He may not be as bad after all.
The OP has downloaded music and doesn't own the CD/tape/record/whatever, and has no problem with it..
But he picks to be moral when it comes to software?
heh.
If you noticed that your company was infringing on others patents (they are, of course), would you "turn them in"? Complying with a silly license is about as illegal as not paying you bills. You just might have to pay fines, fees, judgements, or whatever. However, you should probably consider leaving, because a disgruntled employee will surely bring the place down, and you don't want to get caught up in it.
Compromising your morals will start you toward a dangerous path along which you may discover that there is no meaning. Holding onto your morals requires you to vest further in the idea of meaning, which may or may not pan out in the long run.
My suggestion is to base your choice on reasons that are beyond good and evil.
Your boss has chosen to walk a very dangerous path. If you guys are raided, you're the one who installed the software and you will be hauled up. You will have to testify in court. If you are prepared for this, then make sure you document every bit and scrap of evidence which can be used to save your ass. Offline, in a secure place.
That said, I've seen many many companies (friends working there) resort to h4x0r3d software and none of them get caught. I wonder how they have the guts to pull it off.
Playing around with pirated software at home for fun is one thing, but at a corporate level the stakes are on a totally different level altogether.
Make the user's install the software, so you aren't responsible.
Any company in such a dire situation that they can't afford a group license for office probably can't afford an IT person. If they can, then someone ridiculous is at the helm.
Is it possible that they just don't realize that they're asking you to do something that is illegal and could have some nasty repercussions? They may see it as not a big deal and don't understand why you're putting up such a fuss. Unless they're techies, It probably never occurred to them that they could get into actual legal trouble. We all know that a single Microsoft office license gets passed around in a family like a incestuous std! Assuming they realize that this is a real 'go to court' illegal act could result in some miscommunication. I'd include in the email something about how copying office and using it without the proper license could result in an investigation, having to appear in court, and fines. Or something like that. CC'ing it to the legal department would be helpful but could come off as overly combative. Hmmm, maybe you could poke your head into legal and ask them to politely explain that this is a rotten idea?
The very first thing you need to do is get your resume up-to-date and begin a job search, if you haven't already. Any company that would order you to take such a step is clearly in financial trouble. Even if you are the only sysadmin, sooner or later your job will evaporate, maybe along with everyone else's, maybe before. Don't be there when that happens. Start the process of getting out now, when you can choose a new job at your leisure, not when you become unemployed or the get busted and you are embroiled in it.
Also, you need to buy 30 or 60 minutes of a lawyer's time. Probably an IP specialist. You may be able to find one local to you through the lawyer search on http://www.handelonthelaw.com/Default.aspx. IANAL and the following is not legal advice, blahblahblah.
I would go ahead and install the software, but then, as I stated above, start looking for a job. Your ethical obligation to not violate copyright does not trump your obligation to support any dependents you may have, or your right to feed yourself and keep a roof over your head.
Before installing it, thoroughly document what you have been asked to do, and that it is under duress b/c you would be fired if you refused, and document that you proposed using a free alternative and were refused. Get the document notarized, and lock it away in a safety deposit box. Do anything else the lawyer tells you to do to protect yourself. If you have emails showing them telling you to do it, preserve those in both electronic and hard copies. Keep them in the safety deposit box, too
Then install the software.
Once you start your new job (really; don't do this before you've left this company and are actually working at a new job), at your discretion you could make an anonymous tip to the BSA that the company willfully installed more copies of software than they had a license for. Even if the company fingers you for it, you'll have documentation showing they told you to do it, and the BSA is not likely to be interested in you per se; they are after the money, and the company has that and is the real violator. Plus, if push comes to shove at that point, you probably have nothing to lose by telling the BSA (under advice from your lawyer, of course; if the shit hits the fan, you'll need to get one) that it was you who turned them in because you couldn't leave that on your conscience, that they made you do it but you quit because of it, then turned them in.
Good luck to you. It sucks to be working for a company like that. I hope you can find a new job that is open source friendly.
I've been in a similar situation. I didnt make the email that formal, but basically wrote "Per out conversation, I will make X copies of WorldScope, based on your understanding that so many floating licenses are available." My boss wrote back "do not install." Then came by my desk and verbally said to install. THEN what do you do?
You're getting righteous about sticking a a CD in a drive and clicking setup? Get over yourself. Nobody is going to get hurt, nobody is going to die. In 10 years no one will remember and it will make no difference whatsover.
There are more important things to worry about in this world than whether every copy of MS Office is properly licensed.
A little perspective. Have you ever broke the speed limit to get to work on time? That actually puts people's lives in danger. Who gives a rat's ass about Office installs?
I know the penalties are real.
But I've always felt it was wrong to attribute to companies, espescially large ones, the equal rights of the individual. Some day I will fight that, and promote the ideal that the individual's rights supercede the majority's authority. Call it crime, and immoral, and let the punishment fit the crime. When the the victim has no damages, the punishment should be slight. But it rarely is. When they catch you, they punish you for everyone else that did it and got away with it. Life is so unfair. But Justice shouldn't be.
The Admin and the Engineer
What a bunch of wusses.
Step 1. Hire an attorney. Sorry for the bad news, but disasters happen to people. This one happens to be yours. Find yourself a reasonable, but aggressive attorney. The kind that makes the opponent break out in a cold sweat, just reading the introductory letter. The kind of a guy that other attorneys have represent them. Don't save yourself money here. This is the wrong time and place. If you haven't interviewed ten attorneys, you aren't ready to hire any of them.
Step 2. (actually step 1, but it fits better here) Develop a plan of attack. Not defense: attack. Make no mistake about it. You have already been attacked. Your job, your livelihood, has been threatened. A stranger to you, the Controller, has ordered you to violate the law.
Step 3. Recognize the nature of the people you are dealing with, and plan accordingly. This is not the first time that these bozos have done this, and you are not the first person that they have tried to intimidate. There is zero job security with these folks: none. They might very well fire you as soon as you have installed all the software. Certainly, they plan on lying about something in the future. If they would lie about that, they would lie about something else, as well. They would happily lie to the FBI about your independent and unsanctioned actions, in spite of actually ordering you to do it in the first place.
Step 4. Plumb your own courage and self-regrets. A professor of mine told the story of when he, the professor, was a younger man, an accountant, in a three-man conference. The two senior participants were the company president and the company controller. The president told the controller to fudge the books. They had had a bad year, and the president wanted to conceal the losses in accounting floobie dust. The controller refused. He said "If I'll lie for you, I'll lie to you. Losing my reputation isn't worth it. I won't do it." Much to my professor's surprise, the president backed down, and found another way. That professor, by the way, is still younger than I.
Could you live with that story in your past? I have, and I can. Would you regret backing down and breaking the law? In other circumstances, I have, and I still carry the regrets. It wasn't worth it.
5. *They have done this before*. A leopard cannot change his spots, and this bunch of lying scoundrels has pulled this stunt before. Probably earlier today. Do some quiet investigation. You won't have to dig very deep. Most of the software in the place has been pirated, unless I miss my guess. This place is just a sitting target for an FBI raid. There is a nice reward in it for you, if you are the snitch. Plus, the FBI won't give out your name, unlike some civilian organizations. Talk with your attorney and develop some good evidence.
6. Do what your attorney tells you to do. When push comes to shove, he and his malpractice insurance will be there with you, not me.
7. Practice saying after me "I own you now, Monkey Boy." These idiots are now targets. They have exposed themselves to you. They are vulnerable. You have a narrow window of opportunity to exploit. Get some solid evidence in a place they cannot reach, and you can be very persuasive. You will be surprised at how generous these thieving liars can be, when facing possible exposure and criminal sanctions. Just do not commit blackmail (this is one of those places where your own lawyer comes in). Propose a generous severance package for yourself, and back it up with a written contract drafted by your lawyer. You will be very pleasantly surprised. They will give you most, or all, of it.
All is paradox. Retired lawyer, so this is just one more layman's opinion.
I call bullshit!! Care to cite a source?
If what you're saying is true then a career as a Hitman or mercenary would be a perfectly legitimate career. One could order and carry out assassinations with impunity.
An contract to commit an illegal act is not valid a contract. That is why contracts to kill cannot be enforced and legitimate hit agencies do not exist. The argument that you were simply holding up your end of the deal (even if it is through a limit liability corporation) is not a defense in court. Similarly, if you are ordered to do something illegal you cannot argue that you were obliged to do it unless the company threatened you or your family with physical harm.
Ethics dictates that never, under any circumstances, will you comply with a request to break the law for financial reasons. Morals say it too but that's not a real important topic with most slashdot followers so we'll leave it alone.
If you comply, you are just as GUILTY as those who are making the request.
I would fire anyone who works for me who did it, and all of my staff has been told that pirated software on the network or any desktop is grounds for immediate termination.
Democrats and Republicans are like AIDS and Cancer, I want neither!
My God, you're an ass. You're basically saying you can steal part of someone's livelihood just because you can and can get away with it while at the same time laughing that if the person you're stealing from then can't afford your products then you'll have no problem with them dieing. I'd like to see someone put a gun to your head and rob you blind or break into your house and take what they want while fucking up the place "just because they can.". Really, there's no difference in attitude between yourself and someone doing that so it'd serve you right. Actually, what I really hope is that someone rats out your fucking employer and the lot of you involved get fined and/or go to jail.
The sad part is you'd probably be pissed off if due to a crime (say, arson of a factory or warehouse or something) your boss came to tell you that you and your coworkers had to take a pay cut to make up for it. Or maybe have to lay you off. You might be pissed at whomever was responsible and yet, you're doing the EXACT same thing.
Hire these guys -their work is ---well, magical.
Just to be safe, do it from a junk machine - anonymously, then take an axe to it.
I'm serious.
http://www.wolfware.dk/intro/welcome.asp
Then take the RED PILL.
...why not lie?
The OP is obviously somewhat ethical, unlike your lying ass.
You're a douche. A huge one. Open Office is complete shit. I would never install that piece of garbage for other people to use. You fail at IT.
PS. Grow a pair.
and tell them no. If they want to make a fuss, quit. If they have pirated software already in place, report them to the BSA.
That's what I did in November. Quit and reported. I refused to install pirated copies of Office, Photoshop, and XP. I had only recently discovered that XP and Office were indeed pirated. Found out the RHEL server was pirated. Discovered a couple of the Server 2003s were pirated...
I took the door. I'm not risking my ass over a job. It's just a JOB!!
PS: I'll never let that happen again... never will I work at a business like that again. Never...
create a paper trail that has them acknowledging the facts. That way you _ss is covered in case. I would look for work elsewhere and report them.
Again I seem to be the only one in Slashdot-land that has a certain opinion. And I thought my opinion was the most rational and reasonable position to take.
Let's see here: It seems that people are creating a fantasy and then calling upon a mythical higher power to defend this fantasy.
The fantasy being that one can restrict through moral suasion the copying of software when there are hundreds of millions of machines in every home and office in the civilized world that freely and infinitely copy this software. And that this software has some natural intrinsic value simply because the writer spent many hours creating it, even though once created it can be inifinitely copied.
The higher mythical power here is the concept of law: fair and universal justice willing to go to any length to defend to software creator's believed natural right to restrict access to 'his' software, and, by extension, the unlimited use of the world's collective governmental authority and resources to back up this developer's desire to restrict assess to a item that can be freely and infinitely copied.
And, having declared this fantasy to be a natural reality that is endorsed by all civilized beings and governmental entities, my opponents in this debate assume the natural right to defend this fantasy with unlimited use of violence against the personage and property of anyone who would undertake to dispute this fantasy given the logic and limitations that presently exist in the real world where all must live.
Jeez, correct me if I'm wrong, but you'all just must be Americans!
very recently, i decided it was time to reinstall windows xp on my work issued laptop. normally, users would return the laptop to IT to have this done, but since i work in IT (not as an admin) and we have small department with lots of users to take care of, i do those things myself. i extracted the product key from the existing installation and did the whole song and dance. when it came tine to activate my new installation, the key (supposedly legit) was first rejected by the internet system, and then after a while on the phone with microsoft, rejected by the activation support people. apparently, the person who installed windows on my computer initially used an illegal key, which is strange becuase we have a volume license for XP. maybe we hit our limit and he just used whatever he could find.
in the end, realizing that i wasn't tied to windows, i dumped it and installed ubuntu linux. things are just find with my laptop now.
moral of this story? in the end, i called and told MS that my work issued copy of windows was not legal, or "genuine", or whatever. one of your users could end up doing the same with their pirated copy of office one day, call in for support, or somehow rat you out without even realizing it. i seriously doubt you've been told to tell all the users not to tell anyone that they are using pirated copies of office, and one of those users is likely to inadvertently give away the secret. the more users, the better the chance of that.
maybe the boss should know that fact, and maybe you should point him or her to some of the horror stories told by other companies and organizations who have been caught using large numbers of illegal copies of various software packages. it's just not worth it.
if they still won't listen, install their software, polish up your resume, and start looking for another job as suggested by others in this thread. you'll likely need it soon.
...so i guess it's ok to do so. In Russia installing multiple copies of MS product can land person in prison. ALWAYS get written and signed or otherwise documentable order to do so when in doubt.
If i were you i'd install OOo somewhere to show your pointy-haired boss it's usability.
Quit whining. It happens. Deal with it.
Microsoft has stated that anyone convicted of copyright violations on their or anyone elses software will lose any certifications they hold with microsoft and be forever banned from obtaining any Microsoft certifications.
Don't do it.. it's not worth it!
I worked at multiple companies before and all of them followed the same practice of using pirated software.
What I did was write a declaration that the software is being used illegally and had it signed by the people in charge thereby letting them take responsibility. If any BSA people appeared I had an alibi.
I have tried converting them to openoffice but the result was far from acceptable. Slow startup speeds on mediocre hardware wasted a lot of time and problems with import/export had you guessing if the document you sent will actually look the same at the destination. Also there are no real free alternatives to antivirus software. (ClamWin is a bad joke). When the software costs more than the hardware you run it on, is a sure sign that you need to switch to Linux.
One of the companies was in the education business. We had computer usage courses which required us to teach MS software. We did our best and taught the alternatives too but as long as the exam requires usage of Internet Exploder and Outlook Express along with MS office we had no real choice.
I think, therefore you are.
Nazis rode dinosaurs?
Wow, talk about a liar.. someone please mod her down
"I'm not a criminal or an anarcharist. I am one of the twenty five million Americans who have been arrested for possession of herbal intoxicant cannibus and can point out many instances of having suffered discrimination as a result."
AKA I'm a socialistic hippie who thinks that the law only applies when it benefits me. Oh I shot someone, well I dont like him and I dont like that law so I'm not a murderer. yeah right
"Copying it, using it, modifing it is not a crime." Actually it is. Just because you are a potsmoking hippie who thinks the laws are bad doesn't mean they aren't laws.
next you are going to tell me shooting people isn't a crime perhaps?
"I don't steal" See above, you admit to stealing in your post outright. I bet you'd call it stealing if someone stole your bag of pot.
"I am now unfairly discriminated against" how are you unfairly discriminated against? You broke a law, you got caught, you were convicted of a felony and now you have to acknowledge that fact when you try to find work. The only unfair thing about it is that you don't like it.
"This experience has led me to real-word realization that most of what passes for law is just bullshit designed to keep someone rich. And that especially applies to any law related to software."
umm maybe i'm confused but how does being arrestd for possession of marijuana have anything to do with laws about keeping someone rich or software. If anything it prevents people from getting rich from selling the stuff.
"I do copy software. I do it at work if it can improve my personal productivity. I am used to my text editor and my user interface configuration. Ditto my graphics image processing software. I'm not going to learn yours. If my company won't buy it and install it for my use, then I do it myself. I'm too old and worldwise to give a shit about whether someone has a problem with this. I don't care."
Actually it sounds like you aren't worldwise at all. You are just too old and too stubbornly arrogant and self important to realize that you are a moron. Your text editor, hmm lemme guess Microsoft Word, if you want it and they wont pay then buy your own copy or deal with it like everyone else at work who wants their editor. Oh you don't like your "user interface configuration" whatever the hell that means, so buy one.
while we are at it, can i have your name so i can make sure I never hire you? thanks that'd be great
"Jazz isn't dead, it just smells funny" ~Frank Zappa
EdelFactor
Bring it up to your boss's boss. Maybe it's insubordination, but it's better than the alternatives.
AVG isn't free. AVG Free Edition is. I use it at home, and love it dearly. It's not free for business. I've installed AVG at four separate businesses, having proudly purchased each one. No one deserves it more. What a perfect product. It's general silence and (optional) non-disruptive activity/update/operation is what makes me smile most.
I think it is VERY easy. They are trying to make you do an ilegal act with no excuse. Simply, don't do it. Act legally. Install OpenOffice wherever you've been told to install ilegal copies of MS Office. Easy. What is your boss going to do? Tell HIS boss you have not followed his orders to install ilegal software? I don't think so, but if he does, defend yourself. It's easy: a) The ilegal action you've been asked for is, in no means, a way to save money. OpenOffice will do the trick and is legal. b) If you are presented with a case or two were MS Office become necessary, show them a case or two of already installed MS Office that could be moved to OpenOffice so the licenses get used in those special cases. c) Explain your bosses boss you are the responsible of comiting an ilegal act even if following orders. d) Explain your bosses boss that anytime Microsft can do what have been done with Windows XP. If your MSOffice is not legally registered you'll be unable to download the lastest patch for the lastest virus. So savings today can easily become unexpected expenses tomorrow.
Install OpenOffice and change the splash screen and icons. Nobody will tell the difference.
and this is WHY I hate working in the windows world.
every where I have worked in the past, people wanted me to do this for them.
I suggest alternatives and most of the time I get my way to save there ass and mine.
if not I advise them that what there doing is against the law and if they want the product I WONT install it they would have to do it....not me.
I'm so sick of this.
Ive lost jobs because I didn't follow orders.
sorry I'm not going to jail for you.....your a job NOT my FAMILY!!!
server wise use open source if your so FRIGGEN CHEAP, front of the house wise, just buy the damm thing.
cheap bastards.
this gos for new pc too, when they share the Windows Disk with everyone!!!
just buy it.
better yet just buy a macmini or use your OLD crap with Linux.
""all of you"" have excuse's for everything.
when your done you could go play your video games.
there I said it.
it needed to be said.
Yes this is a legal issue, and "Open Source" (or "Free Software") is the term describing the type of license the software uses. In other words, "open source" is just as much a legal term as it is a technical one.
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
"Hello Boss, I would prefer not to install Windows as you requested, but I am happy to install this free Open Source system called OpenWindow".
"Uh, install Windows anyway"
versus
"Hi Boss, can we schedule a half-hour meeting in the next coming week where I can show you OpenWindow?"
"Okay"
... And when you've got something lined up, turn them in to the BSA and quit.
Simply hack/dig into Open Office and put Microsoft logos on it. Maybe they'll never know the difference. If they do, blame it on MS bugs just like we do with real MS bugs. Done!
Table-ized A.I.
It is sometimes difficult to do the right thing, you may just do what you are told, not rock the boat, not be labelled as a trouble maker, something that could follow your carier for a long time. However if you are brave you can do the right thing, take them to court, by asking you to do something you know is illegal, something you feel is wrong and threatening your continued employment if you don't is surely a breach of the contract of employment they have with you, and undoubtedly illegal. Take them for everything they've got!!! Would I be brave enough to do this if I were in that position? Probably not!
You refuse to do it, and they will find a BS reason to fire you and have another do it.
You comply and testify and they will still fire you.
You comply and lie, and you go to jail.
What's there to think about? Get out before the house of cards topples.
By the way, Microsoft generates a lot of revenue by lax enforcement until the business gets big. When that happens they ask for preferential treatment as a vendor and if turned down, they bring in the auditors.
Write an email that states your concern, but camouflage it a bit so it gets responded to.
You could say, "I have been told to install this software on xx machines, but I haven't been able to clearly establish our position on licensing. Could you please confirm you will take care of license compliance?"
The issue is that you have been ordered to install software, not manage licenses, and maybe someone is haggling with MS to get a better price (by threatening to convert to Linux, for instance). The above guarantees that you will have asked the question, and you should save your question and the answer OFFLINE, preferably in a different mail account. As you're not responsible for licensing it's not your problem.
Insert
In a big company procurement is handled differently from installation and sometimes gaps appear. We don't know the right circumstances - the installation may not be illegal at all.
It's all well being drastic about it, but the step I've missed here is simply MAKING the observation that they could be short of licenses. Copyright violations don't actually hit staff if they've asked the question or have made the observation, because it's reasonable to assume that your boss wouldn't want to risk prison and thus do the right thing.
Unless, of course, you're the one in charge of license management..
Insert
Regardless of your opinion of legality -- are you sure that the lawyers of your company would agree with your position? I.e. if the B.S.A. did an audit, could your legal come up with the relevant licenses or "legalese" to protect the company?
;^/. Having seen trial cases where lawyers, with the aid of paid-expert testimony, essentially claimed the sky was the color of green peas, and win -- I realized our legal system has very little to do with the common person's idea of "truth".
Remember, the law is not about the "truth" -- it is only about what the lawyers can convince a judge or jury of, as "true", that counts. Whether it represents truth or your interpretation of "legal" is not relevant.
You could cause yourself a world of hurt to no productive end. Principles are great -- but sometimes it is better to fight battles you can win rather than being the sacrificial goat to "truth", today. Unfortunately, to work in most areas of business today, almost requires some "greying" (Orwellian euphemism) of one's morals.
Refuse. You are knowingly breaking the law. Even if a sympathetic court were to appreciate your moral dilemma of 'doing the right thing' and doing what your bosses tell you to, you are responsible for IT so the buck stops with you. If you refuse and the company fire you, there is one almighty case for wrongful dismissal. I would suggest you get all of this in writing to as many key people as possible (bosses, HR, marketing/PR... and maybe even an outside party), making sure that any correspondences are dated and signed. Also request they acknowledge the receipt of anything you send them. If you ignore the problem and FACT find out, the only result will be your neck on the chopping block. Good luck Devon Dan
Just install open office and when you receive the memo,
answer that the MS Authentic software thingy would not let you install.
Of course keep the memo and frame it in your cubicle.
First of all - DON'T QUIT. 1. Stick to your guns about not installing unauthorized copies. Draft a friendly letter detailing the cost and benefits of purchase or using OSS - PROS and CONS of each. Explain your moral - as they seam to lack the same..... 2. Track/record/log every email/memo/conversation (even manually write down: who what when where and who else herd it) - KEEP OFF SITE 3. LOG all illegal installs and serials used - verify if possible the real number of purchased licenses (copies of Invoices). Just remember that the number of CD/Install disk does not necessarily qualify - as many get lost or pilfered. Take down Serial numbers and which PC it is installed in (multiple PC with ONE serial number is good but not the best proof). 4. Take your NDA-Non-Disclosure Agreement (if you signed one) and talk to a lawyer in this feild (use the 1/2 hour "free" that most will give - maybe you can strike a deal that if you get fired - maybe he do pro-bono or can get a percent or if awarded reasonable "Lawyer fees" - there are organization that will supply legal support for this type of dismissal) 5. Get your CV out - get references/letter of remediations from people you work with (not the illegal promoting people). If anyone is interested - tell them you have to meet before/after work. (I have been there - Nice to have some one take you out for breakfast!) Explain it might take a month or so to "be free". 6. Be friendly and helpfully in all correspondence and conversation! DON'T do anything that gives them just cause to fire you (except not acting on doing the illegal act). 7. If they threaten to fire you over not doing this illegal act. Again please be polite and friendly - State: If so would they like to discuss severance package and/or continuation of salary and benefits for a set time frame (don't tell them: to give you time to get a new job and to be satisfied with that new position). (PS: This is also called hush money.) 8. ONCE terminated - Go straight to the Lawyer (Do not pass GO, do not collect $200) to have HIM may explain it to the firm that it might HAVE been cheaper to buy the licenses as what they have done is wrongfully dismissal and that it will be treated as such. 9. File with court and get the "appropriate" groups involved. If need be - request an audit etc.... 10. Collect a NICE severance package as issued by the court! End of THAT story. This should NOT hurt your future job positions as you did NOTHING illegal - you went though LEGAL hoops to keep your legal morals. If any thing this should help you to get a job with a larger firm as it show your a upstanding guy - and besides you could be saving them money in the long run. Good luck.
.. you STILL have to ensure you commented, in a nice way, before you go and cry wolf. If you get know as the person who goes outside as soon as you find something questionable you're not going to find a job. Mistakes happen too (and are more common than malicious intent)..
Insert
That BSA was awarding something like $200,000 for reporting usage of pirated software by your employer,anonymously,I don't know if it expires already but you can try still,I know most of the /.ers here hate this but if you're in a worse situation...
Funny, my little desk calendar had the quote "a man willing to steel for me, is a man willing to steel from me". If your Boss is fine with stealing from software companies, what makes you so sure he wouldn't have a problem stealing from you? Nevermind FAST or the legalities of it all, your train of thought should be ruling it out on grounds of job security before thinking about anyone else.
No trees were harmed in the posting of this message. However, a great number of electrons were terribly inconvenienced.
Find a consulting company to tell your boss that it is better to use OpenSource. He will listen to them, and this way to you
Not only will you gain more respect in the long run, you will have less to regret later on.
I am the IT guy for several small businesses in my area. On a few occasions I am asked to install software beyond what is licensed. I explain to them very politely but firmly that it is illegal to do so and that if I did, would they trust a criminal with their data? Works every time. On one occasion one client hired someone else to 'save money' but ended up costing them way more than they bargained for. So who did they trust when looking for someone to trust with their technology?
Reputation is always better than the quick buck.
quote>I have been over ruled by our controller, to my disagreement. I would never turn them in, but I am in tough place by knowing doing something illegal. You're being coerced into low-level law-breaking, which you would be held completely liable for and which could damage your future career - now think about whether your company would break the law for you.
Think about whether they would string you up by the nether regions if you suggested the director help you out with some casual law-breaking you were involved in.
Think about how much integrity they have, and how much you have, how much this company cares whether you go to jail, weigh it all up against money and losing your job, and you should have your choice right there.
PS: Without actually turning anyone in, how would the director of your company feel if he got a boatload of unexpected literature about businesses pirating software? Or would they realise that was you?
.... Get a pair , blow the whistle and quit. I don't know about you, but we all here at /. are highly principled; and we're even more principled when it's somebody else's ASS!
Research shows that 67% of those who use the term "research shows", are just making shit up.
If they don't want to spend money on Microsoft Office, offer them a free alternative that will do pretty much everything they want anyway.
One majorly important piece of advice: get it in writing.
CYA, baby.
Most of our software is pirated. As the IT manager, I don't really care. The upper management knows about it, it's up to them if they want to spend the money - i've given them the quotes.
The way I see it, the chances of FAST or the BSA turning up on our doorstep is so slim that it's just not worth spending the money.
Having worked in IT and in managment consultancies for years... Make sure you keep a copy of the instructions in writing, ask for one to cover yourself if not. Normally accounting auditors check for this when auditing accounts for your organisation - if you have a printout of the instructions this shifts the blame onto the manager who is effectively the author of the illegal act. It is important that you have your instructions in writing when dealing with a criminal boss.
The purpose of existence is to make money.
No reason to jeopardize your own job over a licensing issue for Microsoft. "Teacher teacher, Billy was talking when you were out of the room!" Dont go out of your way to rat out your coworkers or your own company that pays you. I wouldnt install the software though, because you certainly dont want to be liable if they get caught. Like the other posts, I would either make someone else do it or get something in writing from a superior telling you the copies are legal to cover your own a$$. No reason to go telling though.
he never mentioned that he was working for the gov't.
You do not discuss internal bussiness matters in front of strangers. Period.
IANAL but write like a drunk one.
An anonymous call to these guys should do the trick!
One does the right thing because it is the right thing to do, not because it makes your life easier.
I do not have such lose morals and would resign in a bit if I was ordered to do something illegal, full in the knowledge that it would be painful.
IANAL but write like a drunk one.
I have solved this issue every single time by asking my boss to sign a document that states something to the effect. "I SoAndSo her by order my staff to install product X even without proper licensing in place." They every single time back down. I mean every single time. Yah it can hurt your promotion prospects. But if you like me and refuse to be promoted it's not an issue.
As did my dad before me.
He instilled into us some moral values, a sense of what is wrong and what is right and of how doing the right thing is very often not the easiest thing to do.
It is a shame to see other people have note been so lucky.
IANAL but write like a drunk one.
Why are you asking us - other than to generate a /. discussion?
,the better.
Time to decide where you stand and stick to it. We can all advise that you should leave - and it seems most people are doing that - but in the end it is you who has to live with whichever decision you make. So ask yourself - which type of person can I live with being and _be_ that person. This includes blowing the whistle.
If it were me I would leave now - not waiting for another job - and write to my bosses explaining clearly why I was leaving. I would not blow the whistle or snitch as I think that if they act like this it will catch up with them eventually and the less involved you are
You disagree with the decision to do something illegal. You are unhappy about knowingly doing something illegal. Yet you say you want to keep your job. _Why_ would you want to work in an environment that requires you to be part of something you clearly dislike?
What are your reasons for wanting to keep the job? They'd have to be pretty good to outweigh the negatives of this side wouldn't they?
There are other jobs, maybe less pay, less benefits but they come with things like sleeping at night and looking yourself in the mirror each morning.
Reasonable people don't to illegal things, period.
If you have no morals, values or respect for the law of the land, fine, but your stance describes an illegal action, no matter how you want to spin it.
It certainly is not a hineous crime, but each person has to fight his own fights, a Systems Administrator has this kind of battles on his way.
IANAL but write like a drunk one.
I worked in several countries that are well known for corruption.
I never ever installed pirated software for anybody.
Working in a corruption ridden place is no excuse for you to become corrupt as well.
IANAL but write like a drunk one.
You absolutely must turn them in. I am afraid that what you are doing is a crime. The real problem is you are the most knowledgeable person about software licensing and therefore they may turn the blame to if any problems arise. I have used some less then licensed software in testing, and demonstration. But all software was 100% (over licensed) before I moved it into production. Start the move today to Open Source solutions, explain to the management that this is a required if they refuse to pay the bill. If they don't want to pay and don't want you move to open source turn them in. You have legal protections (in US and EU Nations) as a whistleblower. This is your obligation; you are knowingly breaking the law. If you are talking about a lot of software this is a very serious crime with criminial and civil penalties. Also if you don't cover your ass your own company can sue you for installing the pirated software.
In one of my classes they talked about an accountant that knowingly did what management told him to do, and who documented everything illegal he did. At every stage in this process he disagreed with management. But guess what?
When things hit the fan and the company got investigated, HE GOT THE LONGEST JAIL SENTENCE! Put another way, he documented at every step how he knowingly committed illegal acts. Do not put yourself in this trap. Do not do illegal things. Rather, get the hell out.
The only thing you can do is to elaborate the consequences by showing them articles of what happened to other companies.
There's no pirated software where I work. I can be sure of that because we're a 100% Open Source / Manual Methods shop.
We got a "friendly visit" from FAST once. They seemed concerned mainly with how we prevented employees from copying the software that was on their workstations (more particularly with trying to sell us a Windows-only, closed-source payware program that would have made a christian attempt to prevent this sort of thing). I pointed out that we had no procedure in place to prevent this and were unlikely ever to institute one. I thought the poor guy's arsehole was going to cave in until I pointed out that every piece of software on their machines was either truly Open Source or otherwise redistributable, so there would be no reason for us to prevent this.
Je fume. Tu fumes. Nous fûmes!
Actually, losing your job IS a sort of threat to your family.
While installing unlicenced software and murdering someone are both illegal; they are not equivalent. Unlike murder, installing a few extra copies of software you've already purchased does not hurt anyone; especially in the case where you don't have the money to purchase it. The industry is not "losing" money that they never made in the first place -- how arrogant; the company in question never had the money to give them! If they can't copy MS Office; they're not going to have a fundraiser; they're just going to use Open Office.
Copying "SOFTWARE" is not equivalent to stealing, because it does not take something from another individual -- they do not "go without" -- because an additional copy is made. If I build a house down the street that is identicle to yours, that is not stealing. Making a copy does not cause your house to disappear.
If someone climbs Mount Everest and discovers a new species of bird on it; does that mean that they own it? No! My point is that just because someone does a lot of work developing software does not mean that they own it. Once some pattern of information is discovered, it becomes part of the universe. Furthermore, most software in existance is destined to arise based on the simple constrains of the development environments, and natural selection of correct choices, which is why you will see so many similar software patterns even at high levels of complexity arising in completely independent places. Copyrights are pure BS.
Anyway... its still illegal (for now); so the guy should quit, turn them in, etc. or they should use Open Office and protest copyright law.
You know that what they are asking you to do is illegal. However, even if they coerce you into doing it under threat of losing your job, you will still be guilty of the crime and will suffer the punishment. You will also probably be scapegoated, and your superiors will disavow all knowledge, and probably even claim that your documented evidence of being ordered to do this was fabricated.
Your moral duty at this point is to leave your job. If you can't afford to quit, well, that's your own damn fault.
Get some sort of evidence of what they are asking you to do, be it email or whatever. Then simply refuse to do it. Give them the option of either purchasing new licenses or go open source. If they fire you over it(which is unlikely), you now have evidence of wrongful dismissal.
I am not a lawyer, but I am the son of an internal bank auditor who's been asked to do some illegal things during her career. Here's how dear ole' Mom handled it, and I think this is how you should handle it:
Inform your supervisor in writing that what he's asking you to do is illegal under thus and such provision of thus and such law and as such you can't fulfill the request. Be specific and be complete. Ask them if doing this is a condition for your continued employment. Ask them for a response in writing. Send two copies of it through the regular old mail, one to him, one to yourself. Keep the one to yourself, unopened, in a safe place.
At this point they have two choices: They can fire you, in which case you can sue the pants off them for wrongful termination or they can back down.
PS - Under no circumstances would I just go ahead and do it because, by your own admission, you know this is illegal. That makes you an accessory to the crime, regardless of whether or not they're threatening to fire you.
You are attempting to read sigs. Cancel or Allow?
tell him the truth. tell your boss it's illegal. tell him that the cost of X bootleg copies of office = XX,XXX,XXX,XXX dollars in fines. show him examples of companies who have been caught in the past(new york post). give him an option of how to get into commpliance, i.e. five seats a year until compliance is met, plus updates to keep existing licenses current. give him this information via email, and bcc: your personal email. make sure you have good documentation(email) that shows that you recommended the purchase of X copies of office for an equivelant number of workstations(or some plan to bring the company into grace). do what you need to do to get the response in writing(email). save all your emails(and) with full headers, forward to your personal email, and call it a day.
obviously there's the practicality of keeping employed, so if you get pushed into a corner, do what he asks, but start building your firekit if the boss is that much of a dick. collect examples of other offenses that the company might have made. take that red stapler home with you. get your shit in order and prepare to leave or get fired. and if there are any threats(do this or i'm going to fire you) check with your local government labor department website. certain types of intimidation and coersion is illegal. also, depending on how much of a dread software-pirate roberts your boss is, you might consider contacting the fbi.
think of it this way: you work in a bank, and your boss has instructed you to use a round off calculation to shave a penny off of every account in the bank(on a daily basis) into a seperate account held by the bank. when the bank gets caught, who do you think is in trouble? the guy who runs the bank, or the guy who implemented the penny shaving scheme? you are the hands, and the only way to clear your name is to have good docs showing your knowledge that the request is illegal, and that you were instructed otherwise.
three can keep a secret, if two are dead - benjamin franklin
...in the workplace:
1. quit immediately
2. join the conspiracy
Simply doing the bad thing with a defense of "I was ordered to do it" will get you in even more trouble, as you've decided to do something that you know is illegal = bad juju when it comes to prosecutions.
These guys commenting need to get real. I have seen a lot of company IT departments, and so very few are completely pirate free. If your workplace does not have an unlicensed copy of WinZip or an evaluation copy of software that has run way past the evaluation, then you must have a very special organization.
A huge butt slapping from the BSA will convince them to not do it again.
Sorry to add myself to the "me too" crowd, but you don't know what you are talking about.
If you are advising anybody in a professional capacity you should double check your facts before you land somebody in hot water.
IANAL but write like a drunk one.
Do you really think that if they get caught they'll say, "Yes, I made him do it and it's all my fault"?
Or do you think they'll do everything they can to shove the responsibility on you and ruin your career to save their own skin?
Have you insisted they put this in writing? Order you in black and white, on paper to do it? Or you have emails you can copy/print out to hang on to? Or is all this taking place in one-on-one conversations they can deny? I'm betting the latter.
"My boss made me do it" isn't a legal defense. Yeah, if you refuse to do it or blow the whistle, you might lose your job. But if the company is caught and you went along with it, you'll lose your job AND could find yourself facing civil and/or criminal penalties.
Personally, I'm not sure how that latter thing would look on a resume.
Talk to a lawyer. Yesterday.
This is to make him part of breaking the damn bloody law.
In any case, decent people will risk things to make sure they remain ethical.
People that bend their ethics, well, they don't really have any, no matter which excuses they give for it, as I have said elsewhere on this thread, doing the right thing is just that, nowhere it says it must be the easy thing to do.
IANAL but write like a drunk one.
This is not an ethical issue, it is a legal one.
One should must send an email like:
"Can you remind me in how many machines do we have to install X? I would like to remind you we have no license left, please advice on this regard"
IANAL but write like a drunk one.
Many people have suggested that your recourse upon termination would be to litigate. Most states in the US have "at will" employment contracts. As such, either the employee or the employer can terminate this relationship for virtually any reason. I would be interested in seeing an example of successful litigation for wrongful termination in a "whistleblower" case, especially against a government agency. While the mantra, "just sue 'em" is easy to say, as is "just quit", successful wrongful termination litigation is never easy. Jex Mann
Good. Now go and find a defintion in the dictionary.
/. so I will not elaborate how this could be done.
Doing illegal things is the mark of an unprofessional employee, I am amazed that a few folks are trying to find any justifications, specially in the full knowledge that there are cheaper alternatives out there.
If your company can't afford Office there is absolutely no excuse for them to use something else. This horse has been beaten to death in
IANAL but write like a drunk one.
First, I'd request a written order signed by the boss, specifying what they exactly request and awareness of legal problems. Then I'd freely proceed. It's not my ass that would be on a plate in case of a control.
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I dont have the eula/agreements in front of me, so I can't tell for sure.
But most software licenses are not about copies, number of installs, etc.
Software licenses are about use.
From his description, it's not about copies. He's not copying the install media and giving it to people, so copyright is not in play.
What he's being asked to do is to make it available to another user.
Depending on the license, you can often make software available to more people than you have licensing for. This is usually only a problem if the software is licensed by named user in which case you are purchasing the license for an individual to use. But most software is not worded this way, and I think last time I looked office was not, as it was per use, not per user.
Say you have a lab, with 20 machines, so you buy 20 copies of office.
You run 3 8 hour shifts, and have 60 employees. So, you have 60 people using 20 licenses.
ie, you have more people than purchased licenses, but, you never use more than 20 at a given time, since you are limited by the number of workstations in this lab.
Now, take that to a larger number. If you can control the number of running copies in your enterprise, you can usually have it available to all the machines, and still be legal.
ie, install it on a network share, and limit access to the bins by group. Or, install it on a keyserver that will keep counts of open licenses.
What I'm saying is that perhaps we're looking at this problem with the wrong conclusion/solution.
That is a threat, why do you want him to lose the moral high ground?
He could be easily described as a blackmailer for uttering such nonsense.
IANAL but write like a drunk one.
You just recommended the guy to brake the law.
People that commit criminal offenses do it for all kind of reasons, putting food in the table is one of the lamest excuses to be used.
IANAL but write like a drunk one.
Yep, and the emailpasswords are provided by ICT, and you're not allowed to change them: they do that for you, management courtesy. Network-traffic is sniffed, logged, but only for certain people. Really makes one paranoia. I lost a stone in weight in half a year and wake up sweating. Posting AC, for obvious reasons. Famous phrase from team-leader ICT: 'Whatever I put in your file doesn't have to be true, you don't have to approve it." If they wanna fire you, you'll get fired.
YOur position will be strong no matter the consequences.
IANAL but write like a drunk one.
Just drop the name of the company and its practice in the right place and someone will make the call to the piracy hotline.
Hey, I'm not big on ratting people out, but I'm tired of M$ justifying their high prices by being able to cite the cost of piracy. Come on people. Pay for your dang software if you want it so much.
This scenario is exactly one I've had my students contemplate time and again. When they don't get to make the calls regarding budget and purchasing, they have to deal with management's decisions. When asked to do something that you understand to be illegal or immoral, you have to choose how to respond. Asking the question in a forum like this will generate a range of answers, each dependent on the moral outlook of each respondent. I wonder if the original poster really wanted to hear how this situation could be handled, or if all that was wanted was an easy way to justify a preferred course of action (like doing it regardless of license status, and getting on with life).
I never cease to be amazed by how adept members of the human race are at deceiving themselves.
I use irony whenever I can, but my shirts are still wrinkled...
I was told by a senior engineer on one of my first days of college:
If you're working at a company and your superiors make you do something you know is illegal, unethical, or will kill or injure people, leave. You don't want to be working there anyway.
---
Even though you were "overruled" and "following orders" if the company gets caught, the fingers of blame are initially going to be pointed at you.
I understand that it's not easy to put ethics above feeding your family--start looking for a new job now.
I've heard about companies with 3000+ employees and every single software is 100% pirate. Police could not care less, and anyway you can buy them off for $100. You can't even find shop from mainland china, that would sell LEGAL COPY of pretty much anything. Neither anybody could actually afford it.
I'm not certain of your exact circumstances, but if you patched OO.o a little bit, could you make it look close enough to MS Office to be mistaken for it? I'd assume that if anybody asked, you could either explain the whole situation (if the person seems trustworthy), or tell them that it's just a very new version that they are testing, and that's why everybody's using it... the possibilities are almost endless, and I'd think that nobody would seriously notice if they are just casual users. Of course, if they are that foolish, you might just have to program a little talking paperclip into the system, too...
Oh, and I appologize if somebody else already suggested this. I don't have time to scan the entire thread.
It's just installing software, I imagine one of your bosses can handle it. If you don't want to quit, and you don't want to report them, you still don't want this to be primarily your responsibility if the business gets busted.
Simply tell your boss(es) you're not comfortable installing illegal copies of software and suggest this problem can be worked around if they take care of it personally. Then, just maybe, they'll think a little bit harder about legal alternatives, and in any case, your ass is better covered.
The thing is, if he makes this stand and pisses them off there are any number of ways to punish him that don't run afoul of the law. No future promotions or raises. Cross promotions to jobs that are in some way unpleasant. When they make these moves they can vaguely site his poor job performance. Maybe down the line it might get to a jury, but even if he won, how's it all going to look when he submits his resume to the next employer?
Personally I'd talk to a lawyer and see what they have to say. You want to make sure your ass is covered while you look for a new job.
This sig has been temporarily disconnected or is no longer in service
I know this might sound over the top, but I would personally take a hard line on this one. It doesn't sound like the boss cares about your well-being - they can just deny any knowledge that you, the Technician, installed pirated software; leaving you on the hook. So why should you be concerned about their business? You'll find another job, especially if you document your reporting and let your new employer know that you didn't want to break the law. Remember: you are breaking the law, and can be charged criminally. If you have any certs, say goodbye to them. Plus, be prepared to pay hefty fines.
No, I personally would report to MS, and quit. In fact, I have. Once you threaten to not do it, they will force yo to the door anyhow, so try and get evidence, get them on the hook, and bust them.
It's one thing to "try" a program, and entirely another to break the law in business in order to cut costs. Your cheap Manager or Company Owner is just going to bring everyone down. Places like that don't *stay* in business.
Yes, thank you.
Firefox's spellcheck doesn't do much good when you type the completely wrong word.
Try typing in an equation to... [let's pick a tough one] round a number off to 2 decimal places:
.csv files.
.csv formatted file that had e.g. a .dat extension, in OOCalc? You have to start with Open->AnyFileType->Select your filename, then change the file type to Text(CSV) - the second Text File import option, IIRC, which a good page of scrolling down, on the file types listbox, at which point your .dat file disappears from the list of options to open... If you just take a .csv file, and try to open it directly, with OO, you get a FRIGGING TEXT DOCUMENT EDITOR, even if you try to open it via Calc.
Excel:: =ROUND(A1,2)
OOCalc:: =ROUND(A1;2)
This is a SIMPLE case. Imagine if you had templates which were to be used across a corporation, where people at one location used Excel, and at another location, they used OOCalc... Templates made on one platform *might* work, in part, on the other platform, but would tend to break on simple things like comma separators vs. semicolon separators, in equations.
I have OO on some of my lab computers, since I ran out of licenses for MSOffice, but I only use Calc for taking a quick look at the
While I'm on that subject, have you ever tried to import e.g. a
IMNSHO, OO is *not* ready for professional use. It is *not* ready for widespread corporate use. It *is* ready for use in areas which are not mission-critical, such as home users, writing business letters, balancing their checkbook, &c., but it's no where near ready for the Enterprise.
Go ahead, do it. Use someone else's account. You've got bills to pay.
Hell, hack your boss' network account and use that one to install everything. And surf to some seedy sites that will cause much mischief later on using his account.
You get paid, he gets slayed. Poetic justice.
Here is what I would do if I was in your situation.
I would get the Openoffice source distribution, and I would replace the OpenOffice logo with a Microsoft Office logo. Then I would change the product name from "OpenOffice" to "MSOffice". There is already functionality to do this within the build system (see how Sun rebrands their distribution as "StarOffice")
Then I would install this "rebranded" OpenOffice distribution on all the required computers, and I would change the default document types to be microsoft formats.
Then I would tell managment that I had done as they asked, and installed microsoft office.
Document, document document - as in keep track of all communications and don't do any of it verbally.
Sorry, but this is a real pet peeve of mine - "oral" is the word that means "by mouth". "verbal" means "using words" (as opposed to, say, pictograms) - could be either spoken or written.
Downmodding is the refuge of the weak. Don't downmod, make a better argument!
Not yesterday. Not today. Not tomorrow.
No one should be trusted to cover your back, unless you relish the pain of a twisting blade between your shoulder blades.
Any private company engaged in business should have built the cost into their business plan or their annual budget. Besides, there's always next fiscal year.
Noone has the right to compel you to break the law. However, you need to be tactful and clever. I was in a similar situation in a company once, and this is how I handled it: 1) I explained in writing, why copying unlicensed Microsoft software was risky (this sould be easier now, seeing as almost all of Microsoft's products now feature activation) -- that the software may stop working at some point, how an OS update might disable or corrupt the unlicensed software, how certain free tools may require validation of the license, and how Microsoft could detect or discover the use of illegal copies and impose severe penalties on the company. 2) I explained the benefits of the alternatives: the money that could be saved by buying an enterprise license, or the free open source alternatives that nevertheless work seamlessly with Microsoft products without violating the law. 3) I explained how, that as an IT professional, it was unethical and illegal for me to willfully engage in pirating software, and how it would put my personal and professional life in jeopardy as well as put the company at risk -- (I attached some articles relating individuals and companies that had been caught and punished severely for such violations).
I was careful to cc the e-mail to at least two people. If my immediate supervisor had insisted on the piracy, I would have again reiterated the points, this time cc'ing the e-mail to his superior and bcc'ing the legal department (or if the company did not have a legal department -- to my lawyer). Then if I were to be reprimanded or fired because of my refusal to commit a crime, the lawsuit would more than make up for the inconvenience, and it might be fun. As it was, they backed down, and allowed me to implement my solution ( they didn't go for buying an enterprise license, but instead bought a couple of licenses for the "senior" people and allowing the others to use Open Office). In the end, my solutions (...like purchasing $10.00 software that could read MS project files, and obtaining free software to create PDF files, etc...), enhanced my reputation as an IT guru, rather than atrracting resentment or anger.
At all times my attitude was never confrontational or arrogant. It is important to appear that you are using your expertise and knowledge to guide your company on a productive, economic and legal path. Always act as though they didn't realise that what they wanted you to do was illegal. If they admit to knowing that what they want you to do is illegal and still insist that you do it (I doubt that many managers would be that stupid), just make sure you save those e-mails, but don't do the illegal activity. The law is on your side.
You should find a professional company to work for. What kind of business is this that can't afford the tools to operate legally??
Complying with the order isn't an option, it's a crime. So here are options, as I see them (from my perspective as the money guy in this kind of situation):
1. Request of the Controller *in writing* that he re-draft the budget to accomodate your legitimate software needs. Point out explicitly in your written request that his suggestion that you install the same software on multiple computers violates the license, and is legally equivalent to theft. Politically, it would be advantageous to include the caveat that you are sure he was not aware of this (even though he surely is). Put him on notice that you are unable to comply because the direction is illegal. It's his job to get the cash, and yours to do IT. If you get fired, that would suck, but getting fired for not doing something illegal is great grounds for an employment suit, and you'll find plenty of lawyers who would take that case on coningency, so won't do that unless they are complete dolts (which they might be).
2. Find some other way to economize. What are these users using now? Why the sudden need to install this new software? Are they adding headcount? Upgrading the OS? Any reason I can think of requires significant additional expenditure by the company (which means many places to economize). If there is no additional cost savings to be found, someone mis-estimated when they budgeted (either you, or the Controller, which takes us back to #1 above).
3. Quit. Feel real good about yourself and have a great story to tell about why you left this job that puts you in a very positive light.
But what do you think if the situation were reversed?
OF COURSE! They would never turn you in, huh?
Your comptroller is a fool.
Get real. BLOW THE WHISTLE!
I warned my company (Cleyn & Tinker - they went bankrupt anyhow) of the legal implications soon after I got there, and they quickly bit the bullet.
And that was several years ago.
Hmmnn,, actually more than a decade ago!, and it involved the disgustingly overpriced Loutus 1-2-3 and Wordperfect...
An ex-salaryman.
a non-anonymous non-coward. (even if I AM plonqued on Pinoqachole tonight!)
.
- aqk
F U
BS. What are you, a fool?
The moment your boss found this out, you'd be gone. And so would your credibility/honesty.
Install OO. Call it OO. And if the comptroller says to install illegal software instead, blow the whistle. And send HIM to jail.
Whistle blowing like this happens all the time. I wouldn't worry- unless of course you work in Saudi Arabia, China, Phuckedupistan or... ummm, a multinational based in the USA?
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- aqk
F U
...Would be to refuse. I just quit my job because my employer's practices were illegal, and even though I don't believe I would've been doing anything illegal in participating I chose not to because I didn't want to disrespect the law, because I didn't want to help him break the law, and because I didn't want to be a hypocrite for telling him not to do something while I was glad for the opportunity since it gave me a job.
I suggest reading some Plato, Upanishads, or even Kurt Vonnegut. It talks about the necessity of obeying the governing authorities.
"Pure and undefiled altruism in the sight of our fellow man is this: to visit orphans and widows in their distress, and to keep oneself unstained by the world." (James 1:27) If you're an agnostic then cleave to that. Tide detergent washes away those stains, but do what's good in the first place.
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- aqk
F U
Technically, you are participating in an illegal activity. That means you can get in trouble with the law no matter how you voice your dissent. I'd start looking for a new job. Once you have one lined up, turn them in. That way they won't be able to take you down with them. They are bound to get caught eventually (and they should). Why should someone who is against the policy go down with them? Get out fast.
I am not saying it is not possible, but merely that it is highly unlikely.
A shame. If the crime were actually prosecuted there'd probably be a lot less of it.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)