software pirates in the workplace

First, you know that you're involved with a company that is stealing software, and what that means morally, so I won't belabor that issue.

Second, I advise doing what I did once in a somewhat different situtation (involving customer safety) which had a similar endangerment to me as yours does to you. I was at the time a consultant to the company, not an employee, but the idea is as apt. I drafted a letter (in duplicate; one copy to me, the other for him) to the seniormost executive in which I asked his signature. The letter only stated that he acknowledged that I made my objection (and what the objection was) and specifically committed him to that acknowledgement and nothing else.

When I presented it, he asked why I wanted this letter signed; I said that I wished to be covered in the event of a lawsuit, so that I would not share in any liability.

By the way: He decided that, if I were that concerned, he would do something, and he ordered the problem fixed. I can't assure you that you'll get similar results, but, at least, you'll have covered yourself.

These guys are like OEMCD , CD Cheap, etc.
Most of the piracy is still coming from sources in China, with help from others, of course.
Obviously, most of this stuff is not legitimate.
If you want legitimate software, use a legitimate source.
Regards, Chris

If the software, music, movie etx industries didn't charge so much for their product, there wouldn't be as much piracy going on. Where I live, for 2 people to see a movie it costs $30. That is terrible, maybe that is cheap compared to other regions, but point being, it is terrible. And as software is concerned, it is almost $300 to buy XP pro and it has been out for what 2-3 years now.

And then some after all isn't that the way of the world?

MS has it down pat I recently wanted to setup a very small business with a "Volume License" for an all MS Office and I was greeted with having to buy the OEM product then paying for a Volume License as well as Software Assurance.

Now Leaving out the SA MS still wanted to be paid twice for the same product just so I could "Bulk Load" the software which was anything but in my customers best interests.

Col

run traceroute and see for yourself. they are in Russia. avoid them like a plague )o:o)

If your organization ever gets caught you will most likely be held responsible and face a fine or even prison. I would suggest you make them sign a paper that would state that they are aware they have illegal software and they agree to face any consequence. If they don't want to sign then tell them you will report their illegal software. They might make an ugly face on you or even put your job on the line, but this is risky business. It?s either your job or your liberty.

I am getting annoyed about all the bleeding hearts whinging about how much money MS and others make. Let's be honest, they aren't forcing you to buy / use their product, however, if you do you legally agree to their terms and conditions as soon as you open the package. (read their licencing terms).
The beef that $2-300 for a rather complex software package is an exhorbitant rip off obviously comes from someone who hasn't been around very long, as software used to cost in six or more figures, some 25 years ago, and there are still specialist packages out there that cost tens of thousands of dollars.

Trying to justify piracy by the logic of "I've bought it once" doesn't hold up much either, if you consider that a word processor on, say, 4 computers allows the useres to prepare their own reports etc, in a professional manner, compared to the good (bad?) old days where you had a typist type from hand written notes, the typos had to be checked and re-typed to remove errors. The saving in time and not needing to employ a typist, annually saves far more than the cost of three extra copies of the software.

I was reading the discussion regarding the software piracy thorugh the world. In Brazil a great major part of small and reasonable part of medium sized bussiness still employ non legall software, begining with operational system. And it?s quite common that the company owner, major quotaholder, director, manager, and so on, don?t WANT to discuss the ilegal situation. I agree with HAL9000 that if any IT professional point out the situation to the software creator, he/she are immediately work killed with a "black mark" on his/her professional profile and name.

Thanks everyone who posted - you've helped me to change my life. I have been working as a level 3 tech for a small firm - they undercut the competition in pricing services and make it up by selling pirated software at full price (and over).

I have not decided whether to turn them in to the BSA or not. I just found our recently that the software was not legal. They specialize in the home and small business markets so they might not get caught.

I just decided the whole thing was low and I don't want to be involved. I gave in my resignation last night and listed the reasons explicitly. (I guess I'm hoping that will be part of the CMA equation).

I'm going to give a shot at doing it on my own with fully licensed software - less profit - but honest.

I'd love to "out" them - since they are really trying to drive the competition out of business - I'm not sure how to do it - other than the BSA - I may have to talk to a lawyer and see where I stand.

Q. Why is it that evil has such a strong position in the world?
A. Becouse the good people are doing so little to prevent it.
Edmund Burke
British Politician in the 19. century.

Is that the Software industry expects workers to report piracy instead of themselves policing their own products.

MS has made an attempt with the Product Activation on all their new non Volume License software but even then it's a pain for the "Legal" users.

I recently fitted 16 SCSI HDD's to a computer and when I rang to reactivate all 18 MS products I was given the third degree and accused of stealing their Software all of which is licensed to me. Then the very next repair that I got in had a pirate copy of Windows XP Pro and Office XP Pro installed, the person responsible was making a killing and only making my job all that much harder. I of course refused to repair the computer and suggested that they contact MS Anti Piracy Hotline which I gave them the number for. As this is where the real problem is with someone making vast sums of money installing pirate software on repairs/upgrades that they perform and then not supplying the install disks or fully installing all the software. I suppose it makes people come back and pay more to get the thing to work but from my prospective it is grossly unfair to those who are only prepared to act legally.

Now I use Volume License copies for all my personal machines at least that way I'm not required to reactivate the software every time I make a few changes to one of my systems.

Norton has attempted the same thing with their 2004 products and there has been a massive resistance to their products "here at least" which I think only shows just how unsatisfied people are with the current Licensing of Software as all you are doing is buying the right to actually use the software and never actually own anything as the software vendor has the right to insist that you install the software and return the CD's when they like. What other item that you purchase is like that?

Col

About 18 months ago a FAST officer dropped in on me for an eductational visit. According to him the UK penalty is a maximum of ?10,000 per offence and/or 6 months in prison. This applies to both the Director and Manager responsible for IT.

You have to make a judgment call. Whose arse is on the line if the compnay gets caught? If it's your's then you have to take out some insurance, because you'll get the blame for it if you get caught. What is the company's financial position? If the company can afford to pay the licences then it should. Senior Managers and CEOs don't understand that IT comes at a cost (an ongoing and sometimes increasing cost) and they have to pay the piper. If you can tip off FAST I would if I were you, but your boss will probably know it was you. Otherwise find some articles from FAST about their prosecutions and try to persuade your boss about the merits of paying for the licences.

Good Luck.

Kevin

You have to pay staff every week/month but software is a often just a 0netime cost or for some software an annual licence.

I have one client who told me this and gave me figures to illustrate that it is so.

Here is my solution to informing management of its responsibility to have all licenses:
1 - Go to your local library or Internet Cafe and create an anonymous email account (not on your PC).
2 - Email and inform the top 5 managers in your company that you have recently discovered that there are xx number of pirated software in the company. State all re nasty BSA fines and repercussions as listed on the BSA sites. Give a link or two.
3 - Tell them that you feel strongly about this matter - it's immoral and piracy hurts our software industry.
4 - Then inform them that they have a week to do something about this. Set a date. Remind them of the low cost of the software vs the HIGH cost of the fines. And the publicity.
5 - Remind them that this letter is sent to (name the five names of VIPs or Board of Directors)
6 - Remind them of how easy it was to send an anonymous letter and how easy it is to be a completerly anonymous BSA informant.

7 - If nothing is done within two weeks report the software licensing violations anonymously to the BSA.

Yes, you have a responsibility to report this, however in the real world you also have a responsibility to provide for yourself and your family, so if you want to keep your job, shut up and try to convince the powers that be of the error of their ways. Send them a link to the SBA website, then write a CYA memo to file documenting the situation. Either that or just resign. Turn them in, you're dead meat.

As a retired attorney with over 33 years of law office management behind him, I offer this extremely generalized opinion: In the United States, upper management is usually responsible for installing and using unlicensed copyrighted software on any PC owned or leased by the organization, probably even where the responsible officer lacks actual, provable direct knowledge of the piracy.
How low and how wide does "upper management" go? Probably as low as anyone involved with authorizing or actually making the unlicensed lease or purchase, including the IT director or IT vice president and the accounting department and CFO. Corporations with on-board legal counsel are particularly vulnerable, since it's hard for them to argue ignorance as a defense.
Non-management employees who, knowingly or unknowingly, use the unlicensed software in their work are probably not liable civilly or criminally unless they actively proliferate the spread of the unlicensed software or take unlicensed copies home for their own use.
Most software manufacturers follow a "cost-effective" approach to civil and criminal enforcement which effectively renders many smaller business end-users relatively immune to either criminal prosecution or even civil money liability; however, the software manufacturers and distributors reportedly are beginning to increase selective enforcement against smaller commercial end-users where they think they'll get maximum publicity "pour encourager les autres."
Except in extremely aggravated piracy cases or cases involving big bucks, there is currently very little criminal enforcement pursued by the various software manufacturers, possibly because most serious commercial pirating is done overseas. However, this is purely a policy decision by the software decision-makers and by the various state and federal prosecuting attorneys which could change at any time, given the proper economic stimulus and sufficient resources (and expertise)to do the job. Emphasize the word "expertise."
This is, by no means, intended as a definitive legal opinion, nor does its author guarantee or warrant its accuracy under any specific State's anti-piracy statutes and judicial decisions. As always, if you have or think you might have an actual legal enforcement problem, consult a local attorney with specific experience in intellectual property law. Former prosecuting attorneys are often a good bet for analyzing and defending against criminal problems. And most former prosecutors tend to bill clients less aggressively than experienced civil litigators. SLM

Denis - We all have responsibilities to report these type of incidents. As IT professionals, the key word here is 'professionals', it is our obligation to do so. I do not see this as anything other than good practice.

If you agree to the Terms of License (the End User Licensing Agreement for individual software items, or the separate, though similar, licensing agreements for corporate and VLK licensing) then you are stuck. It doesn't matter whether it's Microsoft or anyone else.

If you don't like the terms, *don't install the software*.

I use Microsoft products (from operating systems to applications) because they are the best at meeting my needs. When some other company makes a product that meets those needs better, I will use it.

And as far as Windows activation, here I have to say *hooray for MS*. Let's be honest: Windows has been THE most pirated operating SYSTEM (I am utterly discounting any version of Windows prior to 9x) on Earth. While WPA doesn't get *all* the pirated copies out there (WPA has been cracked for over a year now), it does reduce *casual piracy*, and it makes *bulk loading* (the oldest and easiest form of software piracy) a lot more difficult. Killing (or making harder) just these two forms of piracy alone reduces the bite all customers face in the form of higher software prices.

While it is *not* your responsibility to make sure the developers' pockets stay fat, it *is* your responsibility to make sure YOUR pockets stay fat (and the rest of you stays out of jail).

Stick to the terms of your licenses (whether you are just you or a business) and you do both. Do one (and not the other) or do neither, and it is *your* problem.

Absolutely diddly happened. My manager blew smoke up the appropriate skirts and the problem went away. They're still running illegal copies of nearly everything and selling illegitimate copies of Microsoft products.

All professional organizations (including, oddly enough, the American Bar Association) have a Code Of Ethics which spells out (often in excruciatingly painful detail) a number of *prohibited practices*. But one thing they all make clear is that you DO NOT VIOLATE THE LAW.
Software piracy is not just unethical, but *it is illegal*. Period. Full stop.

A lawyer (or worse, his law firm) that has unlicensed software is not just going to make the rounds of the late night talk shows, but will face massive fines and could find the managing partners disbarred. And being disbarred is *absolute Hades* for a practicing lawyer. (Yes, it's happened. In Washington, DC, in fact.).

If you inspire to become an IT professional (and practically anybody that wants to succeed in IT wants those credentials). Then that Code Of Ethics WILL be staring you in the face.

Either live with the responsibility, or bail.

Using open source programs cost Microsoft in many ways. There are a lot of programs out there that you do not need a windows program.
programs are trying to make a name for themselves and gain exprience. So if you look hard you can find an OS or applications that are as good and sometimes better then the Windows apps. If you pay a small amount to the open source programers they might fix the problem faster than commerical programs. Commerical programs are written for one to three updates.

For larger sites corporate governance rules apply to directors, officers and managers as well as a code of ethics if they are members of a professional association. Don't laugh. There are whistleblower provisions that can afford you some degree of "protection" but CYA is a good position to be in with Proof Of Purchase and records of conversatiosn etc. The Directors need to smarten up their act if this is their attitude!

Just because its software doesnt mean it can be stolen! Ask the director would they like to have 1 in 4 of their (dividend/equity/sales/bonus) read =product line stolen (copied etc) as the Piracy rate in USA is around 22% according to the industry watchdogs.

So if I understand your thinking what you are suggestion is because the cost is high, you have the right to Pirate..... This is ludicrous thinking, software is a commodity and as such market will determine ultimate pricing. In the intern I suggest that you rethink your morality of stealing.

Early in my civilian IT career (early 90's), I was the manager of a small service department for a university. We serviced computers all over campus, including many under service contracts, and found a few examples of licensing problems. Most often, this was ignorance of licensing issues, but sometimes we found deliberate acts. In all cases we got things cleaned up.

Imagine my horror when the I became the target of a licensing investigation! In the end, it turned out that a group of college students had an informal organization using the same (somewhat generic) name as my department. They were copying game and Office software for distribution throughout the dorms!

After witnessing that investigation and the resulting fall-out with students who sold, distributed, and used the stolen software, I can safely say that I will never knowlingly use unlicensed software!

The site link at http://www.pcprofile.com/Software_Compliance_Toolbox_Intro.htm
has a very pragmatic approach to the task of ridding an organization of software pirates at all levels and fits well with management perspective in terms of developing policies and procedures for enforcement within any organization.

The information provided here is based on the knowledge that many sites need better "self-help" information on how they can better manage their software and other affairs across the whole organization. These are self help articles that are 1st hand experiences gained over 15 years in the industry by an experienced audit practitioner.

It is NOT tool focused and focuses on benefits to the end user organization rather than what it costs the industry "Micro$oft et al" in losses through piracy etc which is a fallacious argument anyway!