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lostinthespace2019-02-01 10:51:40
System administration
lostinthespace, 2019-02-01 10:51:40

Is an ordinary employee of the organization responsible for the installed unlicensed software in the office?

This is my first official career, so don't judge too harshly for not knowing some of the laws.
I work in a company that is quite closely related to IT. One of our tasks is to support users of a certain software product, along with certain hardware, and most of the employees in the organization are technical support agents - they support the software and hardware that we sell. All employees of the organization are IT specialists in terms of knowledge and experience. support is related to the elimination of problems not only with our software, but also with windows errors, PC breakdowns, etc.
In the employment contract, everyone is marked as "Engineer of those", incl. and I.
And there is one nuance that, in fact, there is no IT department or system administrator in the organization. His duties are unofficially performed by me, as well as by almost all employees partially. Immediately when I came I saw that there was unlicensed software everywhere, some left assemblies of Windows, Photoshop, etc. were installed, in general, a whole bunch.
It is clear that the organization with licensed software is doing poorly, but who will be held accountable if something happens? Can the director point his finger at me, saying that he is the administrator and he is to blame, although under the employment contract I am exactly a "software engineer"? Do these abbreviations mean anything at all? Or it means precisely the duties of the employee specified in the employment contract (In which there are no duties similar to those of the administrator).
I just want to understand the current state of my affairs and what can be done to protect myself as much as possible. If in an organization everything is done like this from the bulldozer, then maybe they will sign me both unofficially and in the accounting department as an administrator and responsible for all sins? Or will the inspection bodies simply excluding all the bureaucracy themselves understand that if there is no admin, then someone will admin in any case, and they will find him, despite his position and blame him?

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7 answer(s)
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CityCat4, 2019-02-01
@CityCat4

The best thing is to drop. If you want to be completely insured against communicating with investigators, studying laws, searching for lawyers, etc.
The topic has actually been chewed many times. The principal is primarily responsible. But the director will say "Here is the acting administrator." And if you actually performed the duties of an administrator, that is, you installed a pirate and there are witnesses to this, you will communicate closely with Mr. Law. And yes, if you say that "I was told so" - you will go with the group director by prior agreement :) And the damage "especially large" will be easily calculated - just a couple of copies of the autocad, inventory, compass or something like that.
You can only bounce off responsibility if there are no admin rights even on your computer - which usually makes the installation technically impossible. If they are, then it immediately begins to know, did not know, there are witnesses, there are no witnesses ...

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GreatRash, 2019-02-01
@GreatRash

Personally, it is written right in my employment contract that I am personally responsible for the installed unlicensed software. I suspect that this clause appeared in the contract because, by default, the employer is responsible.

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Alexander, 2019-02-01
@NeiroNx

All responsibility according to the job description. There is such an item "Responsibility".

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Yuri Samoilov, 2019-02-01
@takezi

If you installed the left software with your own hands, then they can attract.
If they didn’t install it, but used it as an employee, they usually don’t involve (if you study the practices under Art. 146), in such cases they involve a system administrator, or, if he is not there, a director.

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Artem @Jump, 2019-02-01
Tag

No.
The director is responsible, and the employee responsible for installing the software.
This should be spelled out in the job description.
If there is no such employee - only the director.

Immediately when I came I saw that there was unlicensed software everywhere, some left assemblies of Windows, Photoshop, etc. were installed, in general, a whole bunch.
Can you spot unlicensed software right by your eyes?
In general, this is a rather complicated and time-consuming process that requires certain knowledge and skills.
then maybe they will sign me both unofficially and in the accounting department as an administrator and responsible for all sins?
Nothing without your signature. Read the job descriptions carefully.
In general, if there is nothing of the kind in job descriptions, work calmly, these are not your worries and problems.

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Newbie2, 2019-02-01
@Newbie2

And there is one nuance that, in fact, there is no IT department or system administrator in the organization. His duties are unofficially performed by me , as well as by almost all employees partially. Immediately when I came I saw that there was unlicensed software everywhere, some left assemblies of Windows, Photoshop, etc. were installed, in general, a whole bunch.

Here is the key. Yes, they can make it extreme.
In order not to be one, get a certified job description in your hands (either by the director or the head of the OK), from which it does not follow that your duties include at least some interaction with the software as an administrator. Without such instruction, you are sitting on a powder keg.
And if there is such an instruction - you are an ordinary user and determining the legality of the software provided to you, for the performance of your own job duties, is not within your competence. In other words, when I sit down on a chair given to me by the organization, I am not obliged and cannot check whether it was legally bought or stolen.

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Alexander Skusnov, 2019-02-01
@AlexSku

Formally write a request to a higher manager. Print your answer and keep a copy for yourself.
But if someone imposes a fine, then the company will pay, not you. (although I'm not a lawyer, I'm just writing logically).

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