Work ethics - morale - Legalese: how to handle?

[HundertzehnGustav]

I am these days confronted with a dillema, and would like your opinion and advice.
Even if you have no advice, i would like your Opinion.

Because i am kind of lost, and am wondering if i "think" too much.

Situation:
Finished my IT apprenticeship in August. Started working for a Company on Dec. 3

Level:
Low. On Craftsmans level, where the Screwdriver and the Phone, assisting via TeamViewer and the Windows Install CD plays a role.

Current Job:
Assist Users, Diagnose Hardware and Software Problems. Fix them. document what i do.

Dilemma:
In 3 weeks i have seen more Cracked Windowses than in the previous 4 years of my Apprenticeship.

"unattended by Maddog"
windowses that have been cleverly put together, featuring Data from XP, Vista, Win7, and their respective Server variants.
No Official Software. And therefor no licence.

"Licence Mismatch"
Where an OEM PC has a Vista Licence, but the User claims to be legitime Win7 owner. Yet, can not provide a Licence document.

The Big question is/are:
How do you react - as a Professional - when you see that the software is illegal,
- and the User has a Virus and needs some sort of software help on his cracked machine
- wants you to reinstall his machine using the same shady software/ a crack
- wants you to extract his Data, so he can ask a friend to reinstall his cracked Windows

What does your Gut say in these situations? What does your Brain say?

[Bubblehead Nuke]

After re-reading your initial post I have to ask a question. Are you doing tech support for COMPANY computers?? Or are you selling the tech support services to end users?


As with all cases where ethics or involved, let your conscience be your guide. The fact that you brought it up means you see it as wrong and you disagree with the situation. Talk to your supervisor and let ask him if this is how the company operates.

To answer your question:

Myself, when I find that someone has pirated software, I inform them that they are on their own. If they have the brains to install a hacked version of windows, they have the brains to figure it out for themselves.

[AVGWarhawk]

Personally, I would not repair a cracked operating system. That's like fixing a car for the guy who stole it.

[RickC Sniper]

Originally Posted by AVGWarhawk

Personally, I would not repair a cracked operating system. That's like fixing a car for the guy who stole it.

I agree.

[Takeda Shingen]

Make that yet another agreement. I wouldn't help people with cracked operating systems.

I've done systems work on and off for years.
My own ISP, County work, Lawyers, and State wide work at various times.
I still maintain several business Computers at home and do side work.

I do not support Pirated systems software.

[HundertzehnGustav]

I support Private users, not a bank system or such.
If i were inside a system, and the Bank or the Hotel or the insurance company (whatever)would used stuff like that, i would be out of there in zero-nil time, writing a Letter to the owner of the software (Microsoft in this case).

I sat in the bus this morning and thought it through again, looking for a simpler way to explain it, in case i could not make it quite clear.

and the very same example came up:

Would you, as a qualified certified officially approved mechanic, fix a car that you KNOW was stolen?

If you were a watch repairman, would you fix a Rolex that you know was a 15Dollar example off Chinatown?
================================================== =======

The Boss says:
make a Disk Backup before touching anything.
then try and fix it, as we are not the police, our Job is not to police People, but to help them.

If you can fix the problem:
Tell the customer you have doubts on the officiality of the software/Licence Key.

If you cannot fix the "customized"/"licence-less" windows:
Go and use the backup you made, hand the Customer His PC, and blame the illegal software.

New Installs or Re-installs:
Have a licence - either the one on the Machine, or ask the customer.
make sure it aint some fake Photocopy.

My own Heart's Position is:
Illegal stuff of any kind: get the hell outta my workshop! Who am i, your corner-of-the-street Computer Bum?

My Brain says:
take a good look at the illegal software anyway - you might learn a thing or two!

Glad others feel the same.

[Jimbuna]

Originally Posted by AVGWarhawk

Personally, I would not repair a cracked operating system. That's like fixing a car for the guy who stole it.

Precisely.

[Kazuaki Shimazaki II]

Originally Posted by HundertzehnGustav

The Big question is/are:
How do you react - as a Professional - when you see that the software is illegal,
- and the User has a Virus and needs some sort of software help on his cracked machine
- wants you to reinstall his machine using the same shady software/ a crack
- wants you to extract his Data, so he can ask a friend to reinstall his cracked Windows

What does your Gut say in these situations? What does your Brain say?

As long as the cracked software doesn't impair my ability to repair the computer, I'll do what I was paid to do and fix the darn thing.

If I can't fix it and can legitimately blame the cracked software, I'll do so.

[Diopos]

Depends on your character, if you are married (or soon to be), if you can be held liable in any sense and the current unemployment rate in your country/area and professional sector.

Welcome in the workforce!



.

[HundertzehnGustav]

Originally Posted by Kazuaki Shimazaki II

As long as the cracked software doesn't impair my ability to repair the computer, I'll do what I was paid to do and fix the darn thing.

If I can't fix it and can legitimately blame the cracked software, I'll do so.

Yep, that is the interesting part of the Job - attempting to fix something that was (cleverly) botched together in the first place.

A few principles and ground rules stay the same. But software (Malwarebytes, combofix and co) react in a completely unpredictable way when confronted with a mix of 2003, 2008 and 2011 Server Files.

Then stuff REALLY gets interesting - and you find yourself outside of every scenario you have been taught to deal with.

And you really deserve to die, if you didnt use your Acronis before starting to screw around in the system.

And even if it is morally disgusting - the intellect can indeed gather new information and ideas in such situations.

And no, i do not care about being scared out of a Job. Being scared or backed into a corner is never ever a good option.

It contradicts the Craftsman's basic attitude: there is a fix for all important issues. If the Fix includes removing oneself from a sticky ugly situation, then that is that.

The next Boss is looking for someone that is not easily intimidated by Problems. He wants someone that can do his Job and stand tall about it.

And personally... (very bitter...)
if you are married and have kids these days...
you are at fault yourself.

The Boss says:
make a Disk Backup before touching anything.
then try and fix it, as we are not the police, our Job is not to police People, but to help them.

When in doubt step it up a notch for an easier answer
Ask your boss if he has the same policy if you find child pornography on a computer you are repairing, after all if your job is not to police people then its OK to turn a blind eye to it just like he says theft is.

[Herr-Berbunch]

What AVG said fits perfectly. Personally I'd recover the user data and advise then to buy a legit OS, tell them they can have their photos, etc., when they return with a correctly licensed OS.

[Skybird]

Originally Posted by HundertzehnGustav

I support Private users, not a bank system or such.

If you work on private users'/private customers' systems, I am pretty sure that you make yourself liable to prosecution according to German laws.

I could imagine that this also is the case if you maintain company-internal systems of the company employing you. Because no company can order you to do something breaking the law without you sharing some share of guilt if complying, assuming you know the order demands you to do something illegal. If prosecuted, there is a chance though that the court would accept mitigating circumstances considering the relationship of dependence between superior employer and subordinate employee.

Since this is your professio and you depend on it making your living, I would definitely ask a lawyer on this, just to be sure.

[Neptunus Rex]

From a legal point of view, each machine the pirated software is loaded onto is a seperate offense of theft and the company is liable for EACH offense if these are company machines. If more than one person know's this (and you are now one of them), then the charge of conspiracy to commit theft can be added seperately from the actual theft.

If it's seperate "customers", you can be held liable for each machine you found the software on as aiding in the piracy of the software and did not report it.

Companys that produce the software were not born yesterday. They have HUGE legal and technical departments dedicated to finding pirated software and prosecuting the users.

If your boss says "do it" guess what, you're not off the hook. Froma personal liability issue, you're on the hook. If your boss/company gets caught, he/they can say he didn't know anything about it.

If you have any offical certifications or licenses, you can loose them and your investment in time and money in obtaining them.

At the very least, LEAVE whoever you work for that wants this done. But you would still be on the perverbial hook for the machines you found the pirated software on. Report it in writing, have the letter delivered by registered mail, then quit. Keep the signature card you get back for the rest of your life.