Use of unlicensed software in an organization, who is responsible?

Question

System administration

I just recently unlearned and went to work as a system administrator in a local ZAO, I discovered that everything is pirated on all computers from Windows to the mail client, I know about copyright law and the ban on the use of unlicensed software, but I don’t know who is directly responsible for this and to whom fly on the cap in which case? All admins before me used pirates in the same way and they say everything is okay.

Answer 1

And now from theory to practice, I myself fell under checks several times, and also “worked” for several years as an independent cybercrime specialist, including license cleanliness checks. The management always points the finger at the admin and says "We didn't know, here's the responsible specialist!" It ends with the fact that the company is fined, and the term arrives for the administrator. The presence of a piece of paper stating that the director knew about the installation of pirated software is interpreted by the court as a criminal conspiracy. The position of the administrator "I am not obliged to understand the intricacies of licensing" is like the position of an accountant "I am not obliged to understand the intricacies of taxation." There can be only two right decisions - either force the company to switch to licensed software, or quit.

Answer 2

1. In no case do not write any pieces of paper, as pfg21 advises .
2. In no case do not say openly that this is a pirate.
3. Never keep "pirated software installation logs".
Why: In which case everyone will unanimously show you. The director is responsible. Most likely - will give a bribe. But if he decides to merge you - the worst option (the rest of the workers will surely confirm). And these pieces of paper will show the process of preparing for the crime, the fact of its completion. And somehow there is intent. Plus, this piece of paper is a confirmation of collusion (ie already part 2)
How to do it: You are not required to understand the intricacies of licensing. Let anyone write anything in the style of you programmer, but if there is no such skill / duty in the job description (probably not, and it should not be), if there was no such course at the university or the Federal Law (conditionally here) - they are not required. You just put what is asked. So, as requested. From the disks that the Employer provided you in accordance with the Labor Code (as a tool).

Answer 3

Of course, the director will fly - just by definition, he is responsible for everything. And - to the person whose responsibilities include installing the software (if someone has it registered in the DI). If disassembly begins, then everyone immediately remembers both the DI and the employment contract, and they begin to read it all carefully - therefore it is so important to observe the bureaucracy when hiring - a copy of the TD, signed by the director, must be with you - in order to avoid discrepancies and fakes.
Do not write any "letters addressed to the director" in any case! I don’t know where this mule came from, that such a letter removes responsibility from the administrator. Nothing like that, on the contrary, it can complicate his life and seriously. If it comes to a showdown, then this letter will be regarded as a fact of a preliminary conspiracy.
I see three outputs here:
- Quit - let him fly to others.
- Convince management to install a license or switch to free software. It may not always work out, sometimes in principle it is impossible
- To hedge risks and do nothing. You can smoke at the gas station - it happens that they do not explode :)

Answer 4

Installing the program means that you agree to its license, whether you read it or not. And in the case of installing pirated software, this is already a crime. Excuses in the style of "I did not know that she was under 18, and she was not obliged to check her passport" do not roll. Well, not kids anymore. You are responsible for any actions, regardless of knowledge of the law and / or the terms of the contract.
The author of the post can write a memo addressed to the director of only one content:
"According to the results of the inspection of the fleet, the following violations were revealed: here is a list of pirated software. From now on, I delete everything to hell and ask for funding for the purchase of the following software: here is a list of irreplaceable proprietary software that you have to pay for." But there is one condition - the list of duties of the administrator should include at least something related to the software. If you don’t want to bother with this, then in the list of duties you prescribe work only with iron, put all programs backdating, clear all possible logs of the admin’s activity. Then perhaps in court you will prove that the director is to blame, and not you. But it's better not to mess with this bullshit at all

Answer 5

If you are the only specialist, then you should conduct an audit. After you conduct an audit, you must submit a memo to the CEO with comments on the report and suggestions. Keep a copy of the report for yourself and file a memo, and a copy for yourself too. In the memo, as a separate item, it should be written about ALL illegal versions of the software that you found. The next document is another memo with an action plan for software licensing or transferring software to its free counterparts. Next step. If within a few days (do not delay with this) the licensing plan is not approved and purchases have not begun, then you write a letter of resignation of your own free will.
An audit document and a memo about the discovery of unlicensed software does not allow anyone, including the court, to believe that you are in cahoots.
From the recommendations, even under the pretext of dismissal, do not install unlicensed software yourself . If you don't want to do an audit and write memos stating that unlicensed software was found, then just quit.

Answer 6

You write a document addressed to the director, where you list in detail that such and such computers have such and such unlicensed software. register it with the secretary. make a copy with registration inscriptions.
your work is done, now the work of the authorities begins to allocate money to correct the illegal use.
your * is covered.

Answer 7

Responsibility is borne by an employee of the organization whose job responsibilities include installing software.
Often this is the system administrator, although not always.
The director of the company is also responsible.

Answer 8

Here above, everything has already been stated clearly and on the shelves. On my own behalf, I’ll add that in the positions of directors (not in their own, but in someone else’s business, which are mercenaries), scoundrels of the first order usually work and it will be no more difficult for them to set you up than to cross the road. So here everyone correctly wrote that everyone will blame you. If you still want to get in touch, you can try to encrypt logical drives with Truecrypt. In the event that something incidental happens, the computers will be taken away for examination. But not knowing the password to the encrypted volumes, they will salmon the tuna. There is a moment, however, only you should know the password from the volumes. Do not hesitate, the bastard director (and he is a bastard, 99% because such positions are climbed over their heads, unless it is a personal business) will hand over all the passwords to the cops and not wince that you will end up with a criminal record. And so you say: "Hard drives are just informational garbage. Everything was encrypted by the crypto-ransomware literally before your arrival. Such an annoyance ... we have been waiting for you ... and here is such an opportunity!". The main thing is not to be fooled by the sweet speeches of the investigator: "Don't be afraid! Give me the password! You get the maximum fine!" Remember - the investigator is your enemy (and the state lawyer, by the way, too) and you cannot trust any of his promises.

Answer 9

The one who SHOULD be imprisoned or all will sit down (this is also a good option for the investigation). If it is necessary to take away the business, then they will dig first of all under the director (and / or owner), and the admin will go with a locomotive (criminal conspiracy). If they came "for no reason" or according to a "plan", then the director is always more likely to get off the hook simply by giving a bribe. In this case, the administrator will go to cut down the forest alone.

Answer 10

You are only responsible for the installation. What was delivered to you is not your responsibility. You will have enough modest money for a lawyer who will prove that you did not install it (this can be seen in any OS when it is installed: wmic os get installdate)
But for you it is a chance to transfer everything to Linux and get a good experience. Better think about it.

Answer 11

director
but admin can also fly

Answer 12

Admin and Director.
Our courts give 2 years probation for the first time.

Answer 13

As they said - no letters and papers to the director.
Unlicensed software is a criminal offense (theft) - often on a large and especially large scale (for example, put AutoCAD on 5 computers, photoshop, Windows server and arrived).
And according to the Yarovaya package, even a cleaner can now be attracted, for non-information :)