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How will the system administrator be protected from liability for pirated software?
I'm not officially registered, but I work as a sys. administrator in one small office in which all software is pirated, Windows, office and photoshop. The director knows about it, but refuses to buy licenses.
1. What will happen to me if I am checked by the company's authorities if I do not work there? If the director and other employees indicate that they installed the software, what can I show?
2. This organization wants to formalize me, how can I cover myself in this case?
Is it possible to indicate in the job description of the system administrator that I do not answer the installation of the software and its licensing, or what other item should be added that relieves me of responsibility?
3. If I am formally registered as a courier (but I will perform all the same functions of a system administrator), then what will they be able to present to me in case of verification by the authorities?
Am I, as an employee, responsible only for those duties that are specified in my job description?
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It's good that you're thinking about this. Based on my experience in 2007 and the experience of my friends, I will say this: if mask shows came, and this is the only way to fix a violation, they did not come to you, but to your boss. Unlicensed software is simply added to the burden of black bookkeeping and an additional bending tool. Yes, the head of the IT department (or the person responsible for IT) will get a lot of nerves and this psychological burden is not worth scoring this question, while receiving a salary, even if 100 tyr (abstractly), not to mention a modest salary . Whatever scheme you develop to hide the fact of using pirated software, there will always be a scenario to reveal this fact, and this in turn depends on the size of the business.
Explain to the director that it is he who bears criminal responsibility in the first place, and only then all the others. Let me know that this is really serious. Say that the money for legalization will be incomparable with those that will have to be paid for "solving the issue" when they persistently knock on the door. And offer to legalize: at some points go to open source software, at some points conclude an agreement with a SPLA provider. In your case, SPLA will be implemented for a penny.
To begin with, if they come to the enterprise with a check, then they will check the fact of purchasing licenses for accounting and the compliance of the installed software with the available licenses. Up to a certain amount, the case proceeds as an administrative one and the organization can answer. Above this amount (250,000 rubles, if I'm not mistaken), the case is reclassified as a criminal case, where the defendant will be a specific person or group of persons. In order to bring under the article, it is enough that there are several witnesses who showed that it was you who installed unlicensed software on this computer. Any written warnings from you to the head will allow the investigation to reclassify the case as "committed by prior agreement by a group of persons", which adds to the severity of the charge.
In any case, the enterprise will be fined for the cost of licenses of illegally installed software, in addition, system units or hard drives may be seized during the investigation.
As for TrueCrypt and other ransomware, if you don't want to start your working day by entering passwords on all computers, then your employees will also know these passwords. And since they will go into the case as witnesses, not defendants, their refusal to provide passwords will be interpreted as "Article 294 of the Criminal Code of the Russian Federation. Obstruction of the administration of justice and the conduct of a preliminary investigation."
1) If you are not registered officially, and there is no service agreement with you, then nothing.
Do not sign any papers that talk about installing software.
They can point at you, but it will be extremely difficult to prove your guilt. They will provide you with problems and hassle, but it is almost impossible to prove guilt.
In case of problems, you will need a lawyer.
2) If you get an official job, then the only way to protect yourself is to install legal software.
There are no other options.
3)See n 1)
Directors are imprisoned, the system administrator is fined.
The director excuses himself, the system administrator sits down (another criminal punishment).
Just think for other people's money to sit, probation or be fined.
They came to the place of work, the results: the pirate was more than $ 20,000, the office paid a fine of 35,000. I bought software for 35,000 and did not work for a week without computers.
For your questions on all points:
- when the OBEP arrives, the director will hand you over with giblets and get a criminal record + punishment depending on the damage.
We do not keep the faint of heart in our work. are you afraid? find something else then.
1. If the persons who pointed their finger at you or said something out loud, but publicly accused you of something, but failed to prove it, then this is the Criminal Code of the Russian Federation Article 128.1, clause 1 and clause 3, the main thing is for you to fix the fact itself) ). And it doesn't matter if you work or not.
2. You must be qualified and experienced to be a CIS or LAN administrator, as one of the easiest options is TrueCrypt. As for the KDI - You are not responsible anyway, for what was before you. And in case of requests for installation - you can, if everything is so scary - Trial, Try and Buy or Demo. )) They are punished for entering keys and activation, and not using them, and then if they can prove it. your knowledge and qualifications are not enough to fully determine the authenticity of the product. In view of what you have said, you can write an info letter to the manager asking for the need to include in the budget the cost of purchasing licenses that you think are necessary.
3. If you signed the KDI - as a courier and work as a courier, then formally you will later have questions - on the basis of what the courier is servicing the LAN. I don’t see the point, because when you change jobs, you will either be perceived as a courier or .........
PS And so decide for yourself and if it’s so scary, then maybe you really do something else)). ..
Regards,
Mm
Install a trial version. Time has run out, unfolded the image of a new one. and so every 30-14 days depending on the software. Windows is at least licensed? True, with the office there seems to be a problem in this regard.
I can give you a definite answer.
If you put everything yourself and in front of everyone.
If you don't have a family business where, in which case, they will cover you.
If the company has more than 5 computers stuffed with pirated software (Windows, software, photoshop).
Then you will end up with a problem of varying severity with a probability of 99.99%
All bullshit like "it matters who pressed the installation button", "it says in my contract ...." and I'm employed there or not, I have a qualification or not - that's all profanation.
There is a crime. There are testimonies (be sure people will point a finger at you).
Agreements and replies with the director will only aggravate your guilt. you already wrote about it.
way out: or the director is sure (not without reason) that they will not suddenly come.
or ready to pay off, in any other case - use licensed software.
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