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Would You Install Pirated Software at Work?
Posted by
Cliff
on Thu May 03, 2007 03:50 PM
from the questionable-PHB-ethics dept.
from the questionable-PHB-ethics dept.
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?"
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Just watch your back (Score:5, Insightful)
I suggest you document everything, off site and get your CV circulated immediately.
Stick to your guns and quit. (Score:4, Insightful)
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.
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Re:Stick to your guns and quit. (Score:4, Insightful)
I love to bash Microsoft as much as the next guy, probably more in fact, but when I'm looking for examples of great free software, OpenOffice usually isn't one of my first choices. It's slow, buggy and just as bloated as Office is -- if not more so. (AbiWord is better, but still not perfect
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Re:Stick to your guns and quit. (Score:5, Insightful)
I would never in a million years expose myself to potential litigation over something like this without a notarized document from my manager protecting me from all blame, and from losing my job if someone comes a'knockin' to check up on licensing violations. Since I doubt anyone's manager has the power to make that deal (unless the manager is an owner), it's going to hit the legal department, and the legal department will probably have a fit, and the whole plan will fall in its ass in a hurry.
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Re:Stick to your guns and quit. (Score:5, Insightful)
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Re:Stick to your guns and quit. (Score:5, Interesting)
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.
This company had one MSDN for 100 employees. An unlicensed exchange server, mostly unlicensed XP, unlicensed VS2003, unlicensed office, you name it, they didn't license it.
They also ran a single (pirated) vmware GSX server and rented the resulting virtual machines to customers not telling them they were virtual.
This is not uncommon - every company I've ever been with has had the same attitude.
Of course when they all but ordered me to hack into a rival companies servers and steal their data I put my foot down - stripping it from webservers and demo versions of their software is fair game... hacking? I wasn't going to do jail time for them and refused.
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Re:Stick to your guns and quit. (Score:5, Insightful)
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!
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Re:Stick to your guns and quit. (Score:5, Informative)
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-
The punishment is up to 3 or 5 years and $2500.
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Re:Stick to your guns and quit. (Score:5, Insightful)
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]
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Re:Stick to your guns and quit. (Score:5, Insightful)
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.
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Looks Like You Dont Work in Corp America (Score:5, Insightful)
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Re:Stick to your guns and quit. (Score:5, Insightful)
Never, never, never. Don't do this. Bad idea. CC the HR person only. Keep it internal. Don't snitch like this, it is not your business to do that, and it can (rightfully so) make you entirely unemployable. Go the HR way and sue their asses if they fire you.
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Re:email won't save the job. (Score:5, Insightful)
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Re:Stick to your guns and quit. (Score:5, Insightful)
If you break the law, you break the law, and you take responsibility. It doesn't matter if someone "ordered" you to break the law. You see, you can't be ordered by anyone to break the law no matter what, if they did your responsibility was to completely ignore them.
The one thing to remember is that the following is illegal for a company (1) to order an employee to break the law and (2) to fire someone for refusing to break the law. A company will normally get punished hard for firing someone for refusing to break the law.
If the original poster sticks to his guns and still experiences significant pressure over this issue after refusing, he should seek proper legal counsel. If he is fired and he lives in the US, he could end up with a decent settlement.
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Re:Just watch your back (Score:5, Insightful)
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Re:Just watch your back (Score:5, Insightful)
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Re:Just watch your back (Score:5, Insightful)
It is your responsibility to disobey illegal orders.
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Re:Just watch your back (Score:5, Funny)
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Re:Just watch your back (Score:5, Interesting)
Think so, huh? Wonder what 1LT Ehren Watada [thankyoult.org] has to say about that.
Besides, the Nuremberg Doctrine is a shining example of victor's (so-called) justice [wikipedia.org]. The Allies knew right, good and well that "but I was refusing an illegal order" would have gotten nowhere. "That's nice, private. Would you like a blindfold? A cigarette? Do you have any last words?" Watada's situation is proof positive of that.
I have karma to burn, so fire away, wingnut mods.
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Screw that its every person for themselves (Score:5, Informative)
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Blow that whistle (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. [osc.gov] 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.
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Re:Just watch your back (Score:5, Insightful)
It amazes me that execs in companies can be such thieving bastards, even in companies that themselves make software. If it was somehow necessary for you to quit, then I would 100% definitely report them to FAST if they went ahead anyway. In any case, it sounds like a pretty low-life employer, so your medium to long term plan should be to leave anyway.
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Re:Just watch your back (Score:5, Informative)
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.
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Re:Just watch your back (Score:5, Insightful)
Ditto. An old boss of mine was a bit of a bully, and one day he called me into a private meeting and asked me to break into an ex-employee's server to see if they'd copied any of our code (it was actually quite likely). I told him point blank that I wouldn't be doing it and suggested he talk to a solicitor about the suspected copyright infringement. His response? "Oh. Um, okay." It's the quickest I ever saw him back down on anything by miles.
The thing is, they already know they are in the wrong and are sticking their neck out by asking you to do it. It would take a real psychopath to attempt to force you into it after you refuse. Normal people, even nightmare bosses, are going to back down immediately.
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Re:Just watch your back (Score:5, Funny)
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Ask Slashdot: How do I act on principle? (Score:5, Insightful)
Answer, you have a choice: Grow some balls or a spine. Really, either will do.
Two true stories in this vein (Score:5, Interesting)
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.
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Blow the whistle or quit (Score:5, Insightful)
Re:Blow the whistle or quit (Score:5, Interesting)
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Re:Blow the whistle or quit (Score:5, Insightful)
I don't speak any German, but doesn't that literally mean "Orders are orders"? Anyway, I don't believe in turning people in for property crimes given their vengeful nature on both sides of the law, and I wouldn't want to put myself in the line of fire, having to testify, have my personal things torn up, possibly losing my own computer at home even, for "discovery", etc. And even more so, I don't want to be labeled as a snitch. I would be completely untrustworthy in the future, and rightfully so. Don't do anything that can be traced back to you. Look for another job, and maybe don't use that particular employer as a reference. They might get caught, and something could lead back to you, even if they are outright lies. Our system has turned honesty into a liability. When dealing with the authorities, always do so anonymously.
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Which is the lesser of two evils? (Score:4, Insightful)
To me, the decision is clear-cut.
Re:Which is the lesser of two evils? (Score:5, Funny)
Western Europe, USA, Japan - decision is indeed clear cut as they will blame you for it anyway. It is solely a question of who does it first.
Eastern Europe, Russia, China - you have a WHOLE ONE LEGAL COPY OF OFFICE? Who is the out of his mind person to buy it.
So it is all relative... Same as Microsoft policy to enforcing piracy. I have seen them turn a blind eye too many once you get far enough east. After all, as with all crack dealers - the first dose of is free.
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Professional (Score:5, Insightful)
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.
Re:Professional (Score:5, Informative)
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Re:Professional (Score:5, Funny)
I will not be a camper or AWP-whore.
I will not spawn-kill.
I will not kill-steal or ninja-loot or intentionally train-to-zone.
I will immediately delete any porn I find that involves obviously underage participants, and then go wash my eyes out with soap.
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Re:Professional (Score:4, Insightful)
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Understand your situation. (Score:5, Insightful)
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?
You do know you'll be the fall guy, right? (Score:5, Insightful)
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).
I've been down this road (Score:5, Insightful)
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.
Re:I've been down this road (Score:5, Funny)
I think it's a lot more wrong to expose others than to expose just myself.
Err, I probalby could phrase that a bit better... I think it's bad to expose others to risk than to just expose myself to risk.
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Just don't do it (Score:4, Insightful)
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.
Any disgruntled employees? (Score:5, Funny)
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.
A few options: (Score:5, Informative)
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.
Refuse (Score:5, Interesting)
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.
Why do you want to keep the job so badly? (Score:4, Insightful)
Tell me again why you are so attached to this job?
Re:Why do you want to keep the job so badly? (Score:5, Insightful)
Not all of us live in a perfect fantasy land where we can just quit jobs that offend our ethics. The guy probably has a family to support. Having to take care of other people lessens your ability to stand on principle.
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BSA (Score:5, Insightful)
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.
Use the force Luke... (Score:5, Funny)
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.
Re:Of course. (Score:4, Interesting)
I know you meant it as a joke, but it bears repeating. Whenever possible, I always pirate my software first, even at work (own business). The last thing I'm going to do is shell out hundreds of dollars on software that turns out to be shit.
For those a little skeptical I even had a recent example with Winfax pro. Very glad now that I went with Snappyfax instead, instead of shelling out money for Symantec's piece of crap.
And yes, I know that a lot of software is try before you buy, but that's a very recent development, and generally doesn't cover anything more than $50~$100 anyway.
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Re:or "Would you say anything?" (Score:4, Informative)
Are you aware that 7-Zip has a file manager mode that does the same kind of crap as winzip and winrar?
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