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Subject:Re: FWD: On using pirated software From:Peter <pnewman1 -at- home -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Wed, 22 Aug 2001 13:05:07 -0400
Sandy Harris wrote:
>
> anonfwd -at- raycomm -dot- com wrote:
>
> > ... I have used unlicensed software as a technical writer for one simple reason.
> > My employer ... If I don't use the software, ... I'll be fired. ...
> >
> > Of course, this situation presents an ethical dilemma; do the work and
> > break the law in the process by using illegal software, or take a stand
> > and put myself out of a job. In this case I can't afford to take a stand.
> 4) Take a strong stand, but cover your butt first.
>
> Talk to a lawyer. Then send a email to management, pointing out the problem
> and asking what company policy is. Say nothing outrageous or combative.
> Make sure you have a record.
> If anyone gives you a hard time, escalate. e.g. If your boss tells you "off
> the record" to shut the **** up, send email to the CEO and company legal
> dep't., cc'ing the boss. Quote your earlier email, recount the conversation,
> and ask if this is indeed corporate policy.
> If they push this hard enough, your lawyer threatens both to sue for wrongful
> dismissal and to turn all the correspondence over to the Software Publisher's
> Association. Ask the lawyer, but my guess is you should be able to walk away
> with a few year's salary.
Why start litigation. And giving legal advice here, is just not doing
anyone a favor. Yes, there is a moral duty to follow your conscience. A
suit for wrongful dismissal is only an absolute last resort. Most states
have a doctrine called employment at will. This means you can be fired
for any reason, except when the reason would violate some other statute,
such as a civil rights law, (age discrimination, religious
discrimination, retaliation for complaint about sex discrimination,
etc.) There are other exceptions, but I will not list them here. The
individual should consult a knowledgeable attorney, if such radical
action is contemplated. Consider too the consequences of folks not
wanting to hire troublemakers. This industry may seem big, but it's a
small world out there. Possibly smaller than you think. Moreover, you
may very well find that most lawsuits of the type you describe fail.
--
Peter
Mailto:peternew -at- optonline -dot- net
Adapting old programs to fit new machines
usually means adapting new machines to
behave like old ones.
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