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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.
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.
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?
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.
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.
One e-mail message will do the job nicely.
To: [e-mail address of manager]
Bcc: [your personal e-mail address]
Subject: [Product] installations and license limitations
Body:
[name of manager],
I have reviewed our records and determined that we have x licenses for [product]. There are users that require this product, yet do not currently have it installed, and there are insufficient licenses to meet their needs. Unfortunately, we are not able proceed with installing more copies of this software until new licenses are purchased.
I am attaching the name of our local [product] vendor, as well as his/her direct number, so that you can obtain additional licensing. When the new licenses arrive, we will happy to proceed with the new installations.
Alternatively, we would be happy to install an available opensource alternative. There are a handful of products that might be more suitable in this environment, and we are willing to work with the users to ensure the right products for them.
We are not willing to put this company at risk of litigation or prosecution for software misuse.
Sincerely,
[You]
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
Under the terms of our license with [whomever], it is not legal for us to install more copies unless we purchase additional licenses.
This serves to put the decision maker on clear notice, and forms the basis for you legitimate refusal if it comes to that.
Either way this comes out, update your CV and get it launched.
I sent such an email. Was then called into the managers office and told in no uncertain terms that if I sent an email like that again I'd be kicked out of the building. They don't like that stuff because it's tracable.
Seriously, I know you value your paycheck, but LEAVE. It sounds like your company has serious ethical deficiencies that border on criminality. Based on the fact that they're asking you to do something illegal and refuse to listen to the voice of reason-- especially in light of the fact that they told you you'd be out on your ass for bringing this up in a traceable forum-- you really need to remove yourself from such a toxic work environment. The stress of having to find another job pales in comparison to the stress of being the fall guy when their scheme is discovered.
Do what's best for YOU and get out!
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