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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?"

15 of 848 comments (clear)

  1. A few options: by paladinwannabe2 · · Score: 4, Informative

    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.
  2. Re:Professional by sconeu · · Score: 4, Informative

    You mean like the ACM Code of Ethics?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  3. Re:or "Would you say anything?" by drinkypoo · · Score: 3, Informative

    Now, I get around that by using free (if old and unmaintained) software like ZipCentral and Crimson Editor, but not everybody feels that way.

    Are you aware that 7-Zip has a file manager mode that does the same kind of crap as winzip and winrar?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Screw that its every person for themselves by teknosapien · · Score: 5, Informative

    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
  5. Re:Just watch your back by shark72 · · Score: 3, Informative

    The threshold for criminal infringement is pretty low -- just $1,000 worth of stuff within 180 days. If he's being asked to install Office Professional 2007, he'd hit that (well... $999.90) with two installations.

    But to your point -- I believe the common threshold for actual prosecution is much higher... in the five figure range. Bigger fish, and all that.

    --
    Sitting in my day care, the art is decopainted.
  6. Re:Just watch your back by tverbeek · · Score: 4, Informative

    Even in states with "at will" employment, you might still have some legal recourse with a "wrongful termination" suit in a situation like this. You won't get your job back, but you might get some other court-imposed judgment out of them (i.e. cash).

    As in so many Ask Slashdots, the answer to this one includes the instruction, "Consult an attorney". The OP needs to find out what his legal rights are in his jurisdiction. In the meantime, document this situation clearly: Put your objections into a memo, addressed to everyone up the chain of command, and request the instructions to install unlicensed software in writing. Following Orders With Objection puts you in a better position than Just Following Orders.

    In case you haven't already pursued this, try to find someone in executive management who is willing to listen to you. Talk to the Legal department or the company's counsel. The senior execs will probably never listen to you (mine never have), but they might listen to someone else in management. This is the approach I took in my first job out of college, where the entire corporate office was being run on a single retail copy of Lotus 123 and WordPerfect, and POs for new computers would come back from Purchasing with the software line-items crossed out "because we already have this". Once Executive Management understood the possible consequences of this approach, I was finally allowed to buy software with all new PCs, and eventually the pirated installs found their way into landfills and the company was legal.

    --
    http://alternatives.rzero.com/
  7. Re:Just watch your back by SEE · · Score: 3, Informative
    Installing multiple copies of Office without a license constitutes copyright infringement, as you are making copies of a copyrighted work (Office) without permission of the copyright holder.

    Now, let's look at the law regarding copyright infringement:

    U.S. Code, Title 17, Section 506:

    (a) Criminal Infringement. - Any person who infringes a copyright willfully either -

    (1) for purposes of commercial advantage or private financial gain, or

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

    shall be punished as provided under section 2319 of title 18, United States Code.


    US Code, Title 18, section 2319:

    (a) Whoever violates section 506 (a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law.
    (b) Any person who commits an offense under section 506 (a)(1) of title 17--
    (1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
    (2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
    (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.

    (c) Any person who commits an offense under section 506 (a)(2) of title 17, United States Code--
    (1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
    (2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
    (3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.
  8. Re:Just watch your back by Anonymous Coward · · Score: 3, Informative

    You should look for better legal advice - under BC Human Rights legistlation, you cannot fired/discriminated against due to family status. Look into filing a Huamn Rights Complaint (you can even do so without a lawyer).

    www.qp.gov.bc.ca/statreg/stat/H/96210_01.htm#secti on13 ... section that applies

    www.bchrt.bc.ca - BC Human Rights Tribunal ... contact info

  9. Re:Stick to your guns and quit. by lhand · · Score: 4, Informative
    Whow sport!
    Saying my boss tole me to will not protect you.
    In the United States there is such a thing as criminal copyright infringement:
    Title 17-

    Sec. 506. Criminal offenses

    (a) Criminal Infringement.--Any person who infringes a copyright
    willfully either--
    (1) for purposes of commercial advantage or private financial
    gain, or
    (2) by the reproduction or distribution, including by electronic
    means, during any 180-day period, of 1 or more copies or
    phonorecords of 1 or more copyrighted works, which have a total
    retail value of more than $1,000,

    shall be punished as provided under section 2319 of title 18, United
    States Code. For purposes of this subsection, evidence of reproduction
    or distribution of a copyrighted work, by itself, shall not be
    sufficient to establish willful infringement.
    The punishment is up to 3 or 5 years and $2500.
  10. Re:Just watch your back by Genocaust · · Score: 3, Informative

    Being "ordered to" stands no ground in the military (I'm currently enlisted) if it is an illegal directive. I'm sure the civilian world holds quite true. My contract and enlistment oath says I swore to "obey all LAWFUL orders", and they're quite quick to fry anybody woh does something illegal with the cop-out "but I was ordered to...."

    --
    It could be that the only purpose of your life is to serve as a warning to others.
  11. Re:Stick to your guns and quit. (and DOCUMENT) by Pvt_Waldo · · Score: 3, Informative

    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.

  12. Blow that whistle by dunng808 · · Score: 5, Informative

    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

  13. Re:Just watch your back by lpcustom · · Score: 3, Informative

    http://jobsearchtech.about.com/cs/labor_laws/a/whi stle_blower.htm You would be held liable if you performed the illegal act(even if it's an order), but you are protected by law if you tell on the company for it's illegal activity.

    --
    Beer! It's what's for breakfast!
  14. Re:Just watch your back by Anonymous Coward · · Score: 4, Informative

    Captain John Sheridan: May I have your attention please. In the last few hours, we have learned that warships are coming this way from Earth. Their orders are to seize command of Babylon 5 by force. As commanding officer and military governor of Babylon 5, I cannot allow this to happen. President Clark has violated the Earth Alliance Constitution: by dissolving the Senate, declaring martial law, and *personally* ordering the bombing of civilian targets on the Mars colony. He is *personally* responsible for the deaths of hundreds of innocent people. Following these attacks, Orion 7 and Proxima 3 have broken away from the Earth Alliance, and declared independence. Babylon 5 now joins with them. As of this moment, Babylon 5 is seceding from the Earth Alliance. We will remain an independent state till President Clark is removed from office. At the end of this current crisis, anyone who wishes to leave for Earth is free to do so. Meanwhile for your own safety, I urge everyone to stay in your quarters until this is over. That is all.

  15. Re:Stick to your guns and quit. by Gernok · · Score: 3, Informative
    Another thing to be careful with. The company I work for was in the process of getting compliant and in that process contacted a vendor to aquire licenses. This vendor actually reported the proposed transaction back to Microsoft. Shortly there after we're scrambling to produce licenses, inventory the network and report this back to Microsoft to avoid Microsoft coming into our Office to audit our network.

    We scripted the uninstall of Office off 200+ machines, and after that finished requests went through the roof. We have since denied all requests until Finance cuts a check for the remaining 80 we need.

    It's a mess to say the least...