Licenses And Ethics? 21
"So now the management is making sounds about cleaning up the codebase to remove the offending code, but only where it's in parts that might be exposed to customers. Basically, it seems to be a "fix it where we might be caught, and continue to cheat where we can" kind of mentality. I realize that there are other issues here; we already violated the license, and the author is entitled to something for the use we've already gotten from the work, but that's another issue altogether.
I like my work and co-workers a lot, these schoolground ethics come from a few people at the top. So my question is, what is my ethical path through this? Do I blow the whistle to the author to give fair warning that the company isn't dealing on the level and let them deal with it? Do I issue an ultimatum to the company to fix the problems or else lose me?
I'm open to any suggestions except "let it lie, and trust that it will be fixed". I've tried that one."
This is a terrible situation for a developer to find herself in. More than likely any action that she makes, whether it be making demands to management, blowing the whistle, or even refusing to perform the work, will land her on the unemployment line. However, there comes a time when it is you as the developer that must make the decision and "do the right thing", not only for yourself, but for the company that employs you. When faced with a decision like this, would you take one of the above alternatives or is there another choice that can be discussed?
Doesn't the author know? (Score:3)
You imply that the company is in negotations with the author. That suggests to me that he knows about it. He just wants a lot of money.
The company legally needs to stop shipping any product until this issue is cleared up. Often on the first day of negottions both parties will agree to a license to ship code under the terms of the eventially agreement. This can take time to work out. If the code is strictly GPL and isn't being shipped then they are safe.
If the above is not the case, you should contact a lawyer. $100 for your peace of mind is a good idea. Find one with knowledge in copyrights (and preferably software copyrights) and inform him. Ask the lawer to keep copies of your documentation. It could be illegal to overlook an illegal act that you are aware of. A lawyer can advise you on what you need to do to protect yourself. In most cases there are whilstle blowers acts to protect you.
Ministers at my church love to point out examples of people in similear situations, who have done the right thing. Some folks have been "let go" (probably in a legal way, if you want to get someone you can do so type thing), but they soon found a better job, and the new boss said "We hired you in part because of your integraty". Of course in church the point is a little different, but don't be afraid to do the right thing.
PS, talk to your co-workers about this too. The honest ones will not be happy and may want to join you. A lone whistle blower isn't as effective as half the company.
Hypocrisy (Score:1)
Tenet #1: I want to get what I want, all the time, without any restrictions. If it's code, music, or anything else, if I can copy it, I should be allowed to copy it. Copying is not a sin, hoarding is.
Tenet #2: I want to get recognition for the work I've done. If I release code, music, or anything else, people who redistribute it must continue to give me credit. Removing attribution is a sin.
Therefore:
- Making a copy of Microsoft Office without paying for it is fine. I've copied but I haven't removed attribution - it's still labeled Microsoft, isn't it?
- Ripping music to MP3s and trading them on Napster is fine, although it would be a sin if I (for example) claimed to have created a work that wasn't actually mine.
- Violating the GPL is actually okay, sort of. Using snippets of GPL code in a BSD project? Not really sinful. Using GPL code in commercialware? Evil, because nobody will be able to give appropriate credit to the author of the GPL code; they won't know it's there. Most GPL-violation outrage really boils down to a basic problem with attribution, not copying.
You may disagree with the tenets, but they do produce a consistent system - you can say they're wrong, but you can't say they're hypocritical.
-Graham
Unemployment (Score:2)
However my principals don't override the fact that I have to eat and find a place to sleep at night so I wouldn't quit my job over something like this, but I would get myself a hushmail account and send the author anonymous tips as to what's going on.
Re:blow the whistle, anonymously (Score:2)
LK
Ask Dr. Laura (Score:3)
Your moral delimma can be solved by visiting the Dr. Laura [drlaura.com] web site. She is the expert in moral delimmas. (Having had many herself. {grin})
If it were me, I'd document everything out the wazoo and then offer myself as an expert witness to the author. Depending on how much the author thinks he can make through legal action, you might even get paid for your testimony.
Of course, while negotiations are still ongoing, don't worry about it. Only after the deal has been made and your company is still in violation would I blow the whistle.
I can't imagine you really know what's going on in the back room of negotiations.
For example, let's set 'mode_conspiracy = 1' for a moment.
Your company has used this guy's code illegally. Your company can't afford to pay this guy what he is asking. That is a lose-lose situation.
But, your company has a business insurance policy that covers stuff like this (many do). Your company goes to the programmer and says, off the record, 'we can't afford to pay you but if you sue us after "reasonable negotiations", we can get our insurance company to settle out of court; you get paid, nothing comes out of our pocket and we get to use your code as part of the settlement'. This ranks a win-win. (Sure, the insurance company does lose but who cares about them, right?)
You can never really know what's going on in the background of stuff like this. Before you go and shoot yourself in the foot, make sure you have a total understanding of the situation.
InitZero
(I can't leave this topic, I'm afraid, without a obligatory stab at the hypocrisy of Slashdot's visitors. Stealing music is good. Stealing code is bad. {shakes head})
You need my new service! (Score:1)
Codester(TM) works like this. You take all your opensource and GPLed code and you point my client at it. My client employs a patent pending compression technique known as "removal of copyright." Basically, it strips out all that copyright mumbo jumbo about redistribution, ownership, GPL, etc. to make the acutal source code more streamlined and easier to transmit over the internet since it is smaller. It's compression. The Codester(TM) client then tells my database about all of your code and it is added to a list that all the other Codester(TM) users can see. You can use Codester(TM) to log on to my database, search for pieces of code you need and then download them, share your code with your friends. It really allows the code opensource coders write to be used by people who are looking for code.
As an added benefit, this is the B2B part, all the retransmitted work is unemcombered by copyright (cause we compressed if off of there, remember?) so it's essentially public domain. It's really just "fair use." So if you're a business and you want to build something with opensource code you can use the code but you don't have to release your source because we took care of that copyright stuff for you. Of course, we don't endorse that kind of behavior, it might piss off some of the opensource authors and we're really about sharing code and not pissing people off. And if they do get pissed off, by the time we IPO we'll have enough lawyers to scare those hippies off. Our theory is that with all the businesses putting out proprietary applications with opensourced code it will show the world how good the opensourced code really is and more people will use it, we're about building community and we're trying to put an end to the greedy philosophy that users need to have your business' code. (hey, it's really about greed isn't it? All these long hairs trying to force their will on you by using some cryptic copyright to trick you in to giving your crown jewels away..) We're taking the greed out of community and helping out the new up and comer open source authors by making them famous!
So email me, use Codester(TM), and buy our stock. Ray Noorda, or any other insane rich guys who want to supply some VC, if you're reading this, call me okay? 888-555-1212. Remember, b2b, ipo, opensource, linux, all the magic words for mega IPO bucks..
Re:You need my new service! (Score:2)
I quite alarmed at how millions of napsterites are willing to disregard copyright when it is the only thing that gives the GPL strength.
Write a Memo (Score:2)
Hard copy documents tend to get people's attention since they may resurface (can you say discovery, boys and girls?) in court.
This may get you fired but it should cover your own butt.
Ah, just don't worry about it.. (Score:2)
Thirty Second Rule (Score:2)
With that said, the important thing is just to boil it down to the simplest accurate moral principle you can find. If I were in your situation, I'd say "A guy is being ripped off by people I'm working for."
Your choices, as near as I can tell, are pretty minimal.
You can do nothing, which most people would do--but the place in Hell closest to the fire is reserved for the people who do nothing.
You can tell the author, in which case you'll have a lot of shit raining down on your head if you're ever found out. The author will have verification from inside the company that his copyright is being flagrantly disrespected, and the author will have the choice of pursuing further action.
Or you can quit. While it might seem noble to fall on your sword, this amounts to "doing nothing". Management won't change their behavior because you quit, or threaten to quit; once you quit, you're out of a job, the original author is still in the dark about the copyright violation and the company gets to keep on doing the unethical thing.
There are other options available to you, but the above three seem to be what all of your options boil down to. Given the above options, I'd inform the author--discreetly and carefully. If I got discovered, I'd voluntarily resign.
*Bad* advice. (Score:2)
* The company is illegally depriving a programmer of revenue,
* The "Ask Slashdot" question is about how to ethically resolve this situation,
* And your advice is to COMMIT A FELONY?
Insurance fraud is a serious offense. It's not "Sure, the insurance company does lose but who cares about them, right?" You've just changed the illegal-deprivation-of-revenue issue from the aggrieved programmer to the insurance company.
You haven't resolved anything; in fact, you've just made it worse. The original company may be in violation of the civil law, but you're counseling that the way to ethically resolve this civil offense is to commit a criminal act?
That's just plain bad advice. Period.
Gone through it a dozen times (Score:1)
blow the whistle, anonymously (Score:1)
Once the author knows, he can tell the company that he's away of the company's plans, and any actions of that kind will result in a lawsuit. That should get the suits attention! (Of course, you may wish to suggest the author be more subtle).
Another consideration (Score:1)
If it's any help, though, the poster should consider an additional factor. Corporate culture flows from the top down. There may be just a relatively few unethical folks at the top (who think of themselves not as unethical but as savvy businessmen, but that's another discussion), but they establish the work climate for all their subordinates. If they are unethical, the subtle message that fudging here and there is OK will become the standard operating procedure for the company. This will show up in small, perhaps tolerable ways on a steady basis. Maybe you can stand that. But this sort of attitude at the top eventually bites your butt big-time. These people are the sort who will raid your retirement fund and then brag to shareholders about how they "leveraged a previously dormant asset." These are the kinds of people who will eventually fire you for some trumped-up crap if you have the audacity to show excessive integrity.
Quit. Tell them why you're quitting. And make sure your desk is already cleared of all personal items prior to informing them of your intention to leave. (Do I need to mention that any evidence you might need in the future when these jerks sue you should also already have been duplicated, copied to disk, etc., and hidden in your home long before you make a single noise to anyone about leaving? Didn't think so...)
Ethics aren't involved. (Score:2)
The province in which I live has some very specific torte laws (civil laws as opposed to criminal). I am also a member of two Engineering Associations.
As a member of those associations, one of my duties is to report such acts of contract, copyright or licensing laws (or violations of safety, manpower laws, etc) first to management or the PTB's. If nothing is done, I must report them to another outside authority, such as Workman's Compensation or the RCMP, depending on the nature of the problem.
For this type of a problem, I would have to notify the copyright holder, or the Crown Prosecuter. I would have no choice, given my standing in the community, and the laws which govern my profession.
Before I get flamed, this is a good thing! Any employer who would require that their employees belong to these engineering groups, would not commit this kind of thing, knowing that their employees would have to report it.
As well, by law, I can not be fired for reporting this ethier. The consequences to the employer are quite harsh (can you say lawsuit boys and girls? I knew you could!). Of course, I could just be 'downsized', but I wouldn't want to work for a company that did this anyhow...
I'd say check if where you live has any such "whistle blower" laws, and to whom they apply. You know about the problem, you have informed your managers, and nothing has been done to correct them. See if you have to blow the whistle, or if you can take the next step and inform the copyleft holder or the Crown/D.A. .
wait (Score:1)
They've broken the law... (Score:1)
Is there anyone on your side? (Score:2)
Luckily one director did see what was going on, and tried to get things to change, and had others high-up converted to the cause. Things did clear up for a while, and at one time we were 100% legal. Then we merged with a company just as bad, and things went back to how they were before.
When I last worked there a couple of years ago, things were even worse. The director and his legally aware collegues had gone, and the company was now installing web servers based on someone elses technology without giving them credit.
There may be someone else higher up the tree who can fight for your side.
Similar Situation (Score:2)
About a week ago, a problem cropped up on one of our servers. I checked with the company, and found that problem has been fixed in the next version of the software. What does my manager do? He asks me to install the new software from a CD he got from downloading of the internet (can everyone say pirated copy?).
All of this software is from 1 company, and one I won't mention as its not the most popular company, epecially on slashdot *grin*. Unfortunately, my manager is gone on a business trip for a few days, but I will be telling him that I won't perform the work. If he pursues the matter (someone else does the work, or he tries to force me to), I will then speak to his manager, and if nothing happens there, I will proceed to speak with the authorities.
I'm hoping he will come to his senses when I refuse to do the work, but I don't hold a lot of confidence in that, especially considering his track record.
Some possible advice. (Score:1)
One possible solution, as some have already suggested, is to try to help the independent author anonymously. However, there is still the risk of getting caught.
Here is an idea or two to help out. When you sign up for the email account at yahoo or hotmail or any service like that you will, of course, want to sign up using fake information. However, you might want to increace the level of false information you give. On a day off, drive to a different city far away and use an internet cafe to send the information. This way they cannot even trace the IP back to the city you live in. While at home make notes on where the company is continuing to use the code and send the developer the information. Be an informant in a sense.
However, if you are caught you risk violating any NDA's you may have signed. This could leave you wide open to litigation and lawsuits, depending on the terms. If you decide to take an approach similar to this one, you have to be prepared for being caught.
Infantile management won't go away. (Score:2)
I'm a tech, but I work in the marketing department. (Someone has to explain things to them.) It gives me an interesting perspective on how management works.
The personality and style of management has a big effect on how the company works. If they play "schoolground" tactics now, they're not going to stop. They're either going to get away with it and never stop, or get caught and be replaced -- though there's no guarantee about who will replace them. People tend to hire people who are like themselves, ergo bad management tends to hire more bad management.
Even though your co-workers are great, you're working environment may be on a downswing. I'd leave. Chances are, other people have been thinking about it too, and are waiting for someone to make a first move. And if you do well at another company, you may be able to bring some of them in as well. Besides, just because you don't work with them doesn't mean you can't talk to them.
As for blowing the whistle, think about the potential effects on the company, and therefore on your co-workers. (I can't say what it wil be without know more.) Will it bankrupt the place and put everyone out of work? Are you comfortable with that? Is the ethics of the licensing issue as important to you as the consequences to your coworkers? If so, blow it but quit at the same time. You're a geek -- it's not like you're unemployable.
I'm not so sure that you did "everything" you could. I know you brought up the issue, but as far as I can tell, you only brought it up once. Management types, particularly the infantile ones, are always too good about responding to things unless they get constant reminders. The good ones respond right away, but the bad ones forget, don't always understand the issue and dismiss it, internally think "geeks always worry about the most trivial details," etc. It sucks that you can't just bring something up once and expect action, but remember that management doesn't always know how to see things from your perspective.
I know most geeks aren't always good at reading people (or don't have time to), but it's possible that you might have been able to foresee the idiocy. But when in doubt, if it's an important issue, don't assume that they realize that. Pester them until you see proof of action.
It's a nasty situation to be in, and I wish you lots of luck.