Sidney,
Ethically, you cannot use Firm A's software to develop software for Firm B. All
of Firm A's
software should have be returned to them at the completion of the development.
This, by the way,
assumes that firm A either had multiple licenses or did not use the software
while you had it.
Ethically, you must get Firm B's software from them to develop software for Firm
B or buy your
own development system. You might be given one if you approach the third firm.
Once I was.
Practically speaking, if Firm B is informed that they cannot use one (however
many) of their
licenses during the time of your development, you are legally and ethically OK.
There is the possibility of a legal problem and liability for your firm here and
possibly for you
personally as a consultant. Some translators are licensed only to the specific
user - Firm A or Firm
B. In this case, unless, they specifically name you (your firm) as their agent
and the licensing
agreement allows this naming, you are using pirated software and could get into
trouble with the
Fibbis.
The moral dilemma for you, as a consultant is what do you do? You can inform you
client. You are
morally obligated to inform the injured party (the third party vendor) if
software is being used
illegally. However, if you do that you will probably lose the client. You can
press the client and try
to get things correct. But what do you do if they will not correct the
situation?
The ethical questions concern your client. The moral questions concern you
personally. The legal
questions might ensnare both of you.
LouB
Sidney James wrote:
> I need to solicit the gracious and timely advice of the List Service
> Community. I am sure that this will potentially have a lot of responses so
> please only share something if you can authoriatively speak to the subject.
> I am sure this will pertain to many individuals and will hopefully serve as
> a wake up call.
>
> I am an indepent consultant that does work for various consulting firms in
> the South. One of the firms I do most of my work for doesn't own any of the
> software that it uses. What they have us tell our cleints is that "we need
> a copy of your software to replicate your working environement off site."
>
> I do not know what the laws are concerning this, but when I talked with the
> owner of the company, he is convinced that we are not guilty of breaking any
> copyright laws since we are "developers" and provide "support". The problem
> is, the software that is obtained from company A is also used to develop
> maps for company B. I am sure we could get company B to "let us replicate
> their system" but as far as company B knows, we have our own software.
>
> Is there some type of special consideration I do not know about since we are
> "developers" and "tech support"? I would like to give this guy the benefit
> of the doubt. If any laws are being broken I do not want to have any part
> of this.
>
> If we are in violation of any laws, please let me know which ones, and if
> you could site any cases along with any possible criminal consequences, I
> will see to it that the situation is taken care of. Also, I am guilty of
> anything? I confronted the situation and was told everything was okay.
>
> THanks in advance.
>
> Sidny James
> EDI Consultant,
> [EMAIL PROTECTED]
>
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