How the BSA Squeezes the Little Guys

netbuzz writes "Actually, 90% of the Business Software Alliance's revenue is squeezed from small businesses accused of using unlicensed software. A lawyer who represents some of them says his clients often suspect that it was the IT guy who just left — and was responsible for maintaining the licenses — who ratted them out for a big BSA reward."

Comments

IT guys not eligible for reward ...

[AHumbleOpinion]

"... his clients often suspect that it was the IT guy who just left -- and was responsible for the maintaining the licenses -- who ratted them out for a big BSA reward ..."

People responsible for licenses in some manner are not eligible for the reward. IT guys doing this are disgruntled and just trying to "get even".

Keep in mind that small business was not chosen merely because they have fewer resourced available to defend themselves, but they were also the worst offenders. Betting that their size would keep them under the radar of Microsoft, Word Perfect, Lotus, Borland, etc back in the day. I'm not defending the BSA's actions, but their targeting is not entirely devoid of reason.

Re:IT guys not eligible for reward ...

[AK Marc]

The IT guy said "you need X licenses" and the owner said "just install the same copy on every machine."

Here, it was "I need X licenses." The owner said "OK, just submit a work order." The IT guy thought it was easier to just illegally copy software than actually get the stuff approved, so he never officially asked for it. Then, when he left, he called the BSA and we paid fines. He's the one that coppied programs without permission. He lied to the owners that were happy to do the right thing. Now all computers have tracking software and must be left on all night for the midnight scans of all company hard drives. And if you are in IT and are ordered to do something illegal, you are a criminal if you do it. Period. Doing it then turning them in doesn't make you not a criminal. Telling them to send you the request in writing so you can document it will either get you something to report them before it happens (or get you a large settlement if you are fired for not doing it) or they will be unwilling to write it out and tell you to do what's legal. I know IT people that pirate Acrobat because explaining the free PDF writers is more trouble than just stealing, and they don't tell anyone what they did. The IT people are usually the cause, not the innocent saps caught in the middle. I've never seen anyone ordered to pirate software, but I've seen numerous companies do it after the IT person offered it as a solution or did it without telling anyone.

Exactly.

[Anonymous Coward]

I went thru three different employers where upper management *ORDERED* the IT guys to install the same copy of MS Office on all computers in the building. At the last job, I snagged an email off the server where the CEO was discussing the issue with his CFO and basically said that if they ever got caught they would feign ignorance and lay the blame on the IT guys "doing stuff behind their backs" and installing software without their executive permission. This was a few years ago, about the same time that the BSA started running radio advertisements and putting up billboards all over the Dallas/Fort Worth area to get employees to turn in their bosses for software piracy. I left that job as fast as I could, and now work in IT for a small city government near the D/FW metroplex where our own police department is now the ones who are so eager to pirate software.

*Sigh* It never ends.

How does the BSA

[jasen666]

force a company to allow an audit or "investigation"?
What do they do when a small business owner says, "I use strictly Linux on my computers, no, you can't come in and look around, go pound sand."

Re:How does the BSA

[Anonymous Coward]

I know someone that was audited by the BSA and decided to fight it. Basically they countered by stating they wanted full disclosure of who reported them so as to determine the validity of the claim prior to wasting internal resources and dollars.

They also argued that the reporting tools are a violation of privacy. Yes, they expected them to place some software on their network which scans their entire network not to mention each machine's registry.

Third, they also argued that even if they were in violation of license, the license is between them and the vendor (after all, the license does not allow for the BSA as having legal proxy interests) and unless the vendor in questions decides that they'd like to personally pursue the issue, the BSA does not have legal authority or the legal grounds to pursue the action.

Furthermore, they argued that even if something odd was discovered and they lost, only the government has the right to impose fines on legal matters as such and they would be within their legal rights to simply purchase any outstanding licenses or settle directly with the vendor in question and completely dismiss the BSA altogether thereby eliminating the need to pay any fines or added fees.

Re:Sure, blame the IT guy

[asuffield]

My experience with small/medium businesses has been that the CEO/CFO don't want to spend the bucks necessary to get everybody legal and the poor IT guy gets stuck having to ignore the problem or find a new job.

About once every two months, our director comes to me saying that he wants MS Office installed on some box or other, and I quote him the current list price for it (£320, last I checked). He says that he's already got a copy. I tell him that you have to buy one copy per box. He says that he's got an old copy that didn't have that restriction. I tell him that the rule has always been there, and the only thing that's changed is that the new versions have the silly "activation" nonsense added. He says he never knew that.

Two months later, we do this again. Bizarre.