Software Licensing Violations

[Arhineus]

Hello All,

I have run into a situation where a client is in violation of a software licensing agreement. While I know where I stand ethically, I am wondering if anyone can help me out with where I stand under Canadian law? Am I obliged to report the violation, or is it a grey area?

 

[Xander]

I can't see any reason why you, as the tech, would be liable ... assuming you didn't set them up for the liability (e.g. putting a free-for-home-use program on their business computer).

I slip it into conversation. "Hey, just so you know, this program isn't supposed to be on this computer; it's not free for businesses to use."

If I need to reinstall something and they lack the CDs for it, I tell them that without their licensed copies I can't put it back on.

 

[usacvlr]

He probably doesn't water his lawn on the correct days either. Better report him.....

Hello All,

I have run into a situation where a client is in violation of a software licensing agreement. While I know where I stand ethically, I am wondering if anyone can help me out with where I stand under Canadian law? Am I obliged to report the violation, or is it a grey area?

 

[vdub12]

Unless he is doing something to harm another individual. Child porn, ect. Then just leave it by. You have no obligation to report him.

To tell you the truth its kind of a silly question if you ask me.

 

[ATSCF]

I just act like I never saw it except if its child porn. As long as your not installing it who cares. Not worth the time.

 

[emsbronco]

I usually document it on the ticket as a recommendation and verbally let the customer know. Otherwise, I don't report.

Sometimes this gives you an upsell opportunity. On one occasion, I had to tell a sheriff that his license of windows was fraudulant. I found out that he purchased the system from a competitor 3 towns away and was never given a CD or license key. So, after I fixed the problem, he went through the Microsoft program to get legal and report the source of the illegal license.

 

[reesk92]

Unless he is doing something to harm another individual. Child porn, ect. Then just leave it by. You have no obligation to report him.

To tell you the truth its kind of a silly question if you ask me.

even that is a grey area sometimes cause if they counter that the stuff was found without the customer permission so infringes privacy so can posible make the evidence void its been on here a few times where techs have asked it after finding it

but for this its not your problem you didnt agree to it you just ignore it and say nothing your that last person the software company will want

UNLESS as before you put it there

 

[richr]

Hello All,

I have run into a situation where a client is in violation of a software licensing agreement. While I know where I stand ethically, I am wondering if anyone can help me out with where I stand under Canadian law? Am I obliged to report the violation, or is it a grey area?

Does the customer know they are in violation? They may not even know, have you discussed it with the customer at all?

I would talk to the client face to face and recommend how to fix the problem, then back it up with a formal email or letter. I would do my homework before this and find a couple different options and prices on how to fix the problem and then talk to the client, as thats what they pay you to do.

 

[NeutronTech]

I really don't think it's our job to even look at the licensing situation with the computer unless it directly causing a problem. If they want to load pictures of people humping dogs, that's their deal. If they want to load 2girls 1 cup when windows loads, that's their right too. If they have 5000 mp3 files of illegal music, fine. If they want to load pirated software, oh well. Let them live with that on their own. They didn't bring their computer into us for to be lectured on the ethics of software piracy. If we continue to make a big deal out of nothing then we are going to lose customers. The OS is a bit different, however as it not being legal can cause system issues and hinder updates. But random software on the PC? Come on. I say don't install it for them, but if it is there who cares. Your morals and ethics aren't on the line, it is all in the customer's lap.

 

[K007]

This is a hard one. I've been there myself.
This is what I do now,years later:
I try to "feel" the customer. If there is a lot of unlicensed/cracked software then the customer is a software junky.
Usually, with software junkies you find the keygens and nfo files and *.rar archives together in the same folder where the setup.exe is.
In that case, I don't even bother saying anything. Sofware junkies are just people who make huge collections of cracked software and pride themselves with "I got tens of thousands of dollars worth in software". To them is like they own a fortune... how silly.

But if you find the software installed and used, without finding any other cracs or keygens, etc, it may be probably the case where someone has charged him/her and installed a cracked copy.
In that case, I would say it only as an advice, making sure the customer understands it as an advice, nothing more. Not my business.

Edit:
All of the above apply when I am not bussy and have lots of spare time.
When I am bussy, I couldn't be bothered.

 

[MrUnknown]

I only report things I am legally obligated to do.

If I find illegal software, I inform them and leave it at that. I am not required under any law to reveal it and I honestly don't care. I am not innocent, and I don't expect others to be also.

 

[NeutronTech]

I am not innocent, and I don't expect others to be also.

lol yup, me too. I think most of us have download something at least once and used it. Maybe not for business, but a game or something for personal use.

 

[Graystar]

lol yup, me too. I think most of us have download something at least once and used it. Maybe not for business, but a game or something for personal use.

I confess! I did it too. (once only) then I deleted it and formatted the hard drive to erase all traces of it.

Today I make certain to explain all the ramifications the customer can experience. We all know them so I will not waste the time to type them out.

I do draw the line at installing or re-installing any software that is pirated. I tell them That I cannot as it "could" jeopardize my livelihood and my license to conduct business. I follow this with "Please don't ask me to compromise my ethics and do something that is illegal." this always stops them cold and I can see that most seem to think about the issue.
At least till I hit the street then they are download monsters again.

 

[Alan22]

This is a decent article at TechRepublic.com: Know your responsibilities when you discover pirated software

I'm a firm believer in using only properly licensed software. When I suspect a client is not using properly licensed software I'll inform them and provide some solutions. It has been my experience that many do not know their software isn't properly licensed and will work to make everything legal. Then there are others who know (or don't know), but just don't care. I don't feel an obligation to report, only to inform and provide solutions. I will not, however, install any software that isn't properly licensed. I've lost clients from this, but so be it. No matter how small a risk it might be, I'm not risking my profession for anyone.

 

[vdub12]

I really don't think it's our job to even look at the licensing situation with the computer unless it directly causing a problem. If they want to load pictures of people humping dogs, that's their deal. If they want to load 2girls 1 cup when windows loads, that's their right too. If they have 5000 mp3 files of illegal music, fine. If they want to load pirated software, oh well. Let them live with that on their own. They didn't bring their computer into us for to be lectured on the ethics of software piracy. If we continue to make a big deal out of nothing then we are going to lose customers. The OS is a bit different, however as it not being legal can cause system issues and hinder updates. But random software on the PC? Come on. I say don't install it for them, but if it is there who cares. Your morals and ethics aren't on the line, it is all in the customer's lap.

I totally agree with you. However, when it comes to taking advantage of kids I draw the line.

 

[NeutronTech]

I totally agree with you. However, when it comes to taking advantage of kids I draw the line.

Absolutely. I didn't mention reporting child porn because that just goes without saying. I'm just glad I have never run in to that. (knock on wood) I would report it asap and not do another thing to the computer. I just hope I never see it. For one I don't want to deal with the legal side of it, two I just do not want to see something like that. I have 3 little kids of my own and child abuse, sexual or otherwise puts me into a rage.

 

[RegEdit]

I would never report anyone. That would destroy business fast. Making enemies is bad karma.

Anything verbal doesn't exist in a court of law so how could you get blamed if it can't be proven. It is LEGAL to make 1 copy of software, so if someone hands me the Windows OS on a "home burnt" CD I am going to assume that they simply made a legal copy. If push comes to shove then "they told me it was a legal copy".

The real question is are there under cover software police who go around looking to bust people the same way that undercover cops try to bust liquor stores that sell liquor to minors.

Also what is the exact wording of the law? I'm installing it for someone else who has instructed me to do the work for them. Am I obligated as a repairman to verify that software is a legal copy?

In a worst case scenario I would simply say "Sorry I can't work on your computer" if I thought they were undercover.

 

[MrUnknown]

Anything verbal doesn't exist in a court of law so how could you get blamed if it can't be proven. It is LEGAL to make 1 copy of software, so if someone hands me the Windows OS on a "home burnt" CD I am going to assume that they simply made a legal copy. If push comes to shove then "they told me it was a legal copy".

I only care about the license key, if it passes with their CD, then I don't care. If they start asking me to disable Windows validation, I say no.

Also what is the exact wording of the law? I'm installing it for someone else who has instructed me to do the work for them. Am I obligated as a repairman to verify that software is a legal copy?

I am not aware of the exact wording, but you are assisting with copyright infringement or assisting with an illegal act. However, it has to be proven that you knew it was an illegal copy and willingly did so anyway.

You aren't required to verify it is a legal copy. You are not responsible for their illegal actions.

 

[NeutronTech]

They do have undercover people go around and visit shops, but not for repairs. They will try to buy buy a new computer and see if the OS is legit. Or they will try and talk you into cracking WGA, or making copies of software you use in your store. Things like that. They don't bring in a computer for you to fix then bust you because you opened the program on their and it was an illegal copy. If the software is already there, not my business. But I won't install any software with a proper key.

 

[maclaptech]

I wouldn't worry about it. I come across that sometimes and I always tell them, its none of my business.