Business Administrators And Software Licensing 12
Gorbie asks: "It seems that there is a never ending battle between me and my company over software licensing. Whether I agree with the current laws pertaining to licenses, I adhere to them. My company is often unwilling to spend the necessary capital for the proper amount of licenses, and I get put in the position to either do what I am asked or risk major friction with my boss and the ownership of the company. Are there some licenses that I should worry less about? Client access licenses? Fonts? What are my risks?" When placed between the licensing and your boss, how do you handle your software?
Re:Get a new job. (Score:1)
You should have entitled it "A Modest Proposal".
Re:Get a new job. (Score:1)
I think this person should be a little more understanding of the boss's position, and maybe even a little proactive. See if you can borrow some of this software from a friend who works somewhere else, and save the cost of even buying one copy. Another good one is to take the original copy back and get your money back, after making copies and installing it one every machine in the company. And afterwards, pay yourself a small reward -- go to the secretary's computer and help yourself to a RAM upgrade. You can sell it on ebay if you don't have any extra slots. I think your wife and children might be able to sue you if you don't make as much money as possible. People usually don't notice a missing UPS backup until the power goes out -- but they are very heavy; you can take this fiduciary responsibility too far and get hernia, so be careful.
Re:Get a new job. (Score:1)
Re:Get a new job. (Score:1)
The management does have a responsibility to the owners & stockholders, but part of that responsibility is to act legally (& ethically if the owners are decent people), so that the future viability of the company is not jeapordized by the current actions of management. That is, stealing today may save several thousand dollars, but it will cost tens of thousands in a few years when you are discovered and sued.
It seems that if there isn't enough money to cover all of the software used, there is a serious management problem. Maybe Gorbie works for a startup that has very little capital (think free-beer software), maybe the management has heard too much about piracy & thinks that it is 'good', maybe some tough choices need to made about which software doesn't justify its cost. I don't envy you your problem Gorbie.
Louis Wu
Thinking is one of hardest types of work.
What to do.... (Score:1)
Get a new job. (Score:2)
Bruce
This is not a fiduciary responsibility issue. (Score:2)
I guess I should state my background. I am president of Linux Capital Group [linuxvc.com], chairman of Progeny Linux [progenylinux.com], and chairman of another company that will be announced in a week or so. People have invested Millions in these companies. Thus, I have fiduciary responsibility.
Amazon suing to protect the one-click patent was a questionable decision, but was not against the law. Cheating on software licenses exposes your company to civil liability and is also against a number of criminal laws.
None of my stockholders would be able to prosecute a case that I have irresponsibly refrained from breaking the law, lying, etc., when such behavior would have saved them money!
I also run Open Source businesses, and can justify that to the stockholders and in court, dispite what's been written on that topic here previously. The business plans are based on Open Source and the businesses don't succeed if we play fast and loose with the community.
Thanks
Bruce
It's a common problem.... (Score:2)
Since software is intangible, it seems that people don't always realize that they can't copy willy-nilly everything. We're all susceptible to it, and I don't think anyone here can claim to be pure.
That said, widespread, systematic piracy is Not The Right Thing(tm). If you're getting pressure to deliver something that contains unlicensed software, I usually proceed as follows:
If these steps fail, and you're still getting pressure to install stuff illegally, I'd try to have the requestor walk over with you to Company Counsel (ie. the lawyer), or, if that's not practical, to the Comptroller, Internal Audit, or a very Sr. Executive. Calmly explain in the presence of both of them what you see as the problem. Remain calm, and don't use inflamatory language. But be firm.
Should all this fail, you don't want to stay there. Period. Your management is not trustworthy, and they fail to show you any professional respect. Look for another job.
If they threaten you or otherwise become really hostile - REMAIN CALM. Don't blow your top. Get out of the situation as gracefully as you can, and do the following immediately:
Hopefully, you should never get that far. But talking to a good lawyer (particularly one in labor/employment law) is always an excellent idea.
-Erik
One thing here (I forget in my last post...) (Score:2)
To answer your last questions:
"Are there some licenses that I should worry less about? Client access licenses? Fonts? What are my risks?"
No, you should worry about all licenses. This is a matter of professional ethics. All licenses are equal. It may be easier to forget about certain ones (especially if those licenses don't require keys to unlock their use), but the ethics are the same.
Risks are a complicated problem. In reality, the actual chances of getting caught are probably very, very small. However, the penalties can be big. Not only can the company face huge fines, but if a reasonable case can be made that you were professionally negligent (or complicit) in the lack of proper licensing, you can personally be held responsible, and face a hefty fine (or even possible criminal charges).
If you're in a startup, at each new round of funding, V.C.s will usually do a full audit (it's part of due dilligence). You will probably get tripped up there. The auditors will require you to get all licensing up-to-date before signing off. Or they might not, and just give the company a thumbs down to the V.C. (and, hey, there goes that funding...) It's a useful lever to get management to come around.
As it's been said, if management won't come around, then leave. You don't want to work for a bunch of crooks. Sooner or later, it will catch up with you in some form or other. So get out.
-Erik
Re:Set the sharks on your boss... (Score:2)
If you go to legal, and they're pals with your boss (possible), he'll deny the whole thing, blame you, and then HR's giving you a long lecture before firing you.
You need to cover yourself. In case the company does get audited, you need clear proof that it wasn't your idea, and that you were acting on orders from above.
Oh, and start looking for a new job. That doesn't mean you have to leave your current job, but better safe than unemployed.
Set the sharks on your boss... (Score:2)
If the company is aboveboard, I suspect you'll get the correct number of licenses in a hurry, and your boss will avoid you for a while. If not, like 'Bruce' said, they'll screw anyone and everyone. Start looking elsewhere...
Not Quite OT (Score:2)
My point is, that when this kind of question arises it is a sign of a nascent profession.
Has anyone thought of drafting a code of ethics as per other professional bodies ?
Cheers