Copyright Law Protection for Employees?

Copyright Fringement asks: "I've been constantly asked by my employer to install software (Office, XP, etc) on unauthorized computers, as well as duplicate copyrighted material (video, CD's) en masse. I know that there are watchdog agencies that look out for this kind of stuff, and it's setting my employer (or me) up for serious fines and Other Bad Things(tm), but is there a way to protect myself from said Bad Things (tm)? I've explained till I'm blue in the face, but the bosses always: get a glazed look; or give some nonsense explanation. I like my job, but I'm not taking the fall for these guys. What's a self respecting Slashdot reader to do?"

No protection for employees

[It doesn't come easy]

There is no protection just because you are an employee following orders. Technically, you and all of your supervisors all the way up to the president of the company, and the company itself, are individually and collectively guilty of copyright infringement, even if you don't know it is going on. If you *do* know then you are not only guilty, but willfully in violation. In either case, all of you can be sued individually.

Speculating here, in practice the copyright holder would probably attempt to sue anyone with the ability to pay (which may still include you, although for a smaller amount than the company might be sued for). And in front of a jury you might get off using the victim defense (i.e. if you could convince the jury that you were afraid of losing your job, etc.). You'd probably still be found guilty but you might escape a fine (at least in a civil suit). At the very least you should document each time you are told to install an illegal copy f something (who, when, what, where, and your protest to your supervisor at the time). Sounds like that could be a full time chore in your case.

Report them!

[alta]

Go to http://www.nopiracy.com/ [nopiracy.com]

And fill out the form.

Yeah, right... Maybe if there was a bounty. Is there a bounty? Hmmmm

Refuse

[Anonymous Coward]

Get it in writing that they are asking you to do it ... then refuse ... and sue them when they fire you.

Re:What I'd suggest...

[Mattcelt]

Perhaps the best course of action is to call the BSA yourself and offer information in return for immunity. Get a lawyer to figure out the language, b/c you want to make sure:
a) they will not sue you personally
b) they will not press criminal charges against you
c) they will do everything in their power, including have their legal team represent you at their cost, to protect you if anybody else sues you, fires you, files criminal charges, etc.

I have no idea if it will work, but it's worth a shot asking - the BSA has an 'anonymous' hotline [bsa.org] you can call and get at least a preliminary understanding of how they work.

If the BSA isn't willing to help you, they can't very well hold you accountable, I wouldn't think.

Just a thought.

Re:Give them the invoice

[Anonymous Coward]

Hopefully with the company's money and not yours...

Re:What I'd suggest...

[cdwiegand]

Indeed, mod parent up! Even with an official letter from the CEO on letterhead, it won't protect you in most places/situtations. YOUR EMPLOYER CANNOT FIRE YOU FOR NOT DOING ILLEGAL ACTIVITIES. IF YOU COMMIT A CRIME, *YOU* COMMITTED A CRIME. If they try to force you, talk to a lawyer. Most have a free or very low cost initial consultation - it helps them to ferret out the idiots who are just suing 'cause they're stupid from the people who actually have a case. And if you employer penalizes you for not doing an illegal activity, in most places that is illegal as well (although not all).

I am not a lawyer, this is NOT legal advise.
#include

Re:What I'd suggest...

[toddbu]

It was a tire on a trailer that I was towing. We put too much weight in the back of the trailer and it started to fishtail while we were driving on the highway. The back end snapped around and popped the tire completely off the rim. As I was headed back to the shop, a cop spotted the missing tire and wrote me up. The law that he used was a Michigan law against studded snow tires. It prohibits direct metal contact with the road.

Re:Get legal counsel

[It doesn't come easy]

Good advice. If you are routinely required to do something you know is illegal, your first stop should be at an attorney's office.

By the way, I'm not an attorney but I am married to one and I get a layman's explanation on lots of interesting legal subjects (my wife requires me to say that I have NOT asked her for and she has NOT given me advice to pass on the Slashdot on any subject, past or present).