Should I report my employer

[ensorg]

I know that my employer is using illegal software. I have informed him of this many times, handed him quotes on many occasions for software to legalise us, either my emails are ignored or he responds with "I will get back to you on that."
Should I report them to the BSA?
Can I be sacked for reporting this?

 

[edfair]

No, you shouldn't report him. You should give him written confirmation (letter, not e-mail) that there are problems with the legality and keep a copy for your protection.
Yes, you can get fired. And if not for this , for any number of other reasons,
It would be best if it was reported, but not by you, and not instigated by you.

Are you happy working there? If they steal this way they will steal other ways.

Ed Fair
unixstuff@juno.com
Any advice I give is my best judgement based on my interpretation of the facts you supply. Help increase my knowledge by providing some feedback, good or bad, on any advice I have given.

 

[iSeriesCodePoet]

I would take Ed's advise first, but then after that, anynomously (spelling?) call them in. They may or may not be fined, but it will surely light a fire under their feet. ;-)

To qualify myself on this. I am a 22 year-old with 15 years of business expirience. Take it for what you paid for it.

Mike Wills
AS400 Programmer

Please, if you find my post useful, let me know.

 

[MasterRacker]

This is a tough one. You could certainly be fired for it. Heck, you can be fired because your eyes are too close to gether. If you decide to report, you want to make sure and do it anonymously and only after covering yourself as Ed suggested. If you don't cover yourself, depending on your postition, you might be the one who ends up taking the fall.

Even if you report anonymously you never want to admit to it to anyone. This type of thing being known about you could hurt your hirability in the future. (It's a sad thing, but unfortunately true.)

Even if you cover yourself and report, the fines may do more than light a fire, they may put your comapny under, which once again leaves you out of work.

You can do nothing, which has ethical problems and could still leave you hurting if someone else reports.

You can look for other employment and once out, report anonymously.

Tough situation all around.


Jeff
I haven't lost my mind - I know it's backed up on tape somewhere ....

 

[gunthnp]

that is a tuff one I would do as edfair say and give your boss a report on paper and not be the one installing the illegal software gunthnp
Have you ever woken up and realized you where not alive.

 

[monkeylizard]

ensorg, I feel your pain. I've found myself in the same situation for the past few years. My boss and I have repeatedly asked for funding to remedy the situation. It has taken a few years for me and even longer for my boss, but the funding was finally provided. We will be fully compliant by the end of the spring time!

I suggest that you never report your own company to the BSA. Actually I'd never report ANY company to the BSA. Let those over-paid lawyers find their own work.

Yes, piracy is wrong and going by the 'trickle-down' theory we all end up paying for it. However, software piracy is far from being as socially destructive as say dumping hazardous waste in the local rivers. Continue working with your boss and his/her boss(es) until they finally get it. Ask for $$ every year during the budget times.

MasterRacker brings up a good point point about some companies going-under from BSA fines. If you report your employer, not only you but all of the other employees could be out on the street.

Don't give up the fight. You may have to become compliant a few products at a time if your boss won't give you the full funding, but you can do it.

Monkeylizard
-Isaiah 35-

 

[iSeriesCodePoet]

You know what, I was thinking about this more.

If your manager won't listen, go to the next level up. Keep going up until someone does listen, let then know the costs of getting caught vs the cost to become compliant. We discovered here that we weren't 100% compliant and rushed to correct it before we met with M$. They contacted us before we started this (I don't know why they contacted us). Luckily we were really close to compliency, just a few things that wasn't clear to us that we researched and corrected. Mike Wills
AS400 Programmer

Please, if you find my post useful, let me know.

 

[ensorg]

Hi Guys,

Thanks for all your replies.
Unfortunately I cannot go the next level up as I am already approaching the CEO about the software, he is the guy ignoring it. The company is quite small but uses a lot of expensive software.

I have written a letter to him informing us and also gave a copy to our HR department.

I will not be reporting the company, but I also will not install any more software that we don't have licenses for.
I was also considering removing all the illegal software off the PC's but concerned if I do that they will sack me!

Tough choice all round! I will be exploring other employment opportunities.

Thanks again.

 

[gunthnp]

leave the software alone sounds best that way all you are doing is saying you will not be party to a crime and they can't you sack for that it a tuff spot to be in gunthnp
Have you ever woken up and realized you where not alive.

 

[Xenobia]

Which country you in, US or UK...

The UK position is straightforward. Under the Public Interest Disclosure Act you must notify your employer first(and keep a record of the notification given in writing). If they fail to take remedial action then, and only then, could you approach the BSA.

Fail to follow this procedure and you lose any protection you might claim under the Act which if followed correctly would make any subsequent dismissal on the grounds that you shopped your employer unfair in law and subject, if you chose to pursue them, to proceedings at an industrial tribunal.

I suspect no such protection exists in the US.

On a personal note, offering a bounty to induce such reports put the BSA on the same ethical level as wheelclampers and pond slime.

 

[monkeylizard]

Ensorg, Gunthnp is wrong about what constitutes being 'sackable'. Since you know that illeagal software is in use and you are not taking active steps to remedy the situation (saying, 'hey I told them about it' doesn't cut it), you can be part of a BSA investigation.

Xenobia however gets it right in the UK, and the US is MOSTLY the same. Just telling your employer about it isn't enough. However, you can not be fired for removing illeagal software. In a way, informing your CEO that you will be removing all unlicensed software is kind of like job insurance. They can't touch you for a while at least. It would open them up to an easy victory for you in the courtroom for wrongful termination. Long-Term however, playing hardball with your boss is never good.

I suggest that you sit down with your boss and go over the numbers with him. show him which software pieces are over-installed for the licenses you have and show him how much it will cost to become compliant. sounds like you've done this before, but you'll have to hold his hand and walk him through it step by step. After going over the numbers, tell him (don't ask him) that a plan will have to be formulated to begin the compliance process and funds must be allocated within X number of months. 3 months should be sufficient. Tell him (again, don't ask) that if you and he are not able to take steps in that direction before the end of the third month, then you have no other legal choice but to begin removing the software. Explain to him that it puts you in a very precarious position to leave software installed that is not licensed.

DOCUMENT EVERYTHING!

And Xenobia...pond slime may be a bit too far up the food chain to describe the BSA. Monkeylizard
-Isaiah 35-

 

[psarros]

mokeylizard etc...

In the US you can get fired for having two feet!

Unless you have a contract you can be fired for anything... reove the software and I bet you will NOT get a raise, and you WILL be re-installing.

It is not your job to pay for the software or to be the police man. Notify in writing about needing to buy licences for software and hope that instead of that, you boss uses the money to give you a raise...

If it really bothers you, quit

Its not like Bill Gates is starving

 

[gunthnp]

if you are not in charge by title of the software (if linceing is not part of your job description) your safe in not touching it but if it is you have to do something gunthnp
Have you ever woken up and realized you where not alive.

 

[monkeylizard]

psarros, that's a pretty lame argument.

Sounds like ensorg is the top of the line in IT at his company before it goes to the CEO. It IS ensorg's responsibility to purchase software and be the police man (or woman). That's what being an IT manager includes...managing IT resources. I guarantee the CEO is not interested in Software Licensing. This is true in MOST organizations and is evidenced by ensorg's CEO's repsonses to date.

Ensorg does indeed have a responsibility to work with his/her CEO to formulate a plan of attack. Having written and dated documentation will NOT keep him/her out of a BSA investigation, but it SHOULD keep him/her from having any criminal charges filed. If ensorg can prove during an investigation that he/she has been taking reasonable and well planned actions to bring the company's software into compliance, then he/she should be in the clear.

If Ensorg does not have any documentation, then he/she is just as indictable as the CEO and the Board of Directors in the eyes of the BSA.

Ensorg, if the BSA DOES come-a-knockin' remember that they are not some Gestapo 'above the law' police force. The BSA is nothing more than a bunch of lawyers and para-legals that have contracted with major software firms (like Microsoft) to investigate copyright infringement. DO NOT let any representative from the BSA see any software installs or licensing unless they can first present a Warrant and a have a representative from a REAL law enforcement agency (preferably state or federal) present to administer said warrant. Monkeylizard
-Isaiah 35-

 

[heyitsthephoneguy]

First off, At Will employees can be terminated without cause. There are only a couple of protected items (Age, sex, religion, etc).

In this case, the company may be wrong, but in my opinion you make an informed suggestion, and let the higher ups make an informed decision.

IT is not policemen. IT is not auditors. IT is in the business of providing, securing & maintaining data. Period.

Let the Accounting people work their budgets, let the executives worry about licensing software (after you make your recommendations) & let the lawyers worry about being the policemen.