If the latest statistics are correct, the use of pirated software remains high. This is of particular concern to businesses who likely have employees installing illegal software on their systems. The most obvious problem is the high potential for viruses and other harmful code to be propagated from pirated software to the business’ systems. Just recently, pirated copies of Microsoft’s new version of Office to be released later this year have been circulating on the Internet. There are also reports that some copies contain malicious code.
Another significant risk is the potential liability a business may face for copyright infringement when illicit software is installed on their systems. It should be noted liability may attach regardless of whether the business had any knowledge of the activity. That is, the business can potentially be held liable even if it didn’t authorize the installation of the software or have knowledge of its employee’s conduct. This is not a matter of only theoretical interest. The risk of being pursued for damages is very real. The Business Software Alliance (BSA) is running frequent ads offering up to a $1M in compensation to employees who report their employers for illegal copies of software on their systems.
Given the foregoing, businesses should implement strict policies regarding installation of software on their systems and conduct training for employees to ensure they understand their obligations. Typical policies include language such as the following:
Without written approval from authorized company personnel, users may not do any of the following:
a) copy company owned or licensed software for use on their home computers;
b) provide copies of company owned or licensed software to any independent contractors or consultants of company or to any third person;
c) install software (including screen savers, games, file sharing applications, etc.) or any updates to any existing software on any of company’s workstations or servers;
d) download any software from the Internet or other online service to any of company’s workstations or servers;
e) modify, revise, transform, recast, or adapt any software; or
f) reverse engineer, disassemble, or decompile any software.
Users who become aware of any misuse of software or violation of copyright law must immediately report the incident to their supervisor or other responsible manager.
