Software policy

I second Todd's sentiments. Check out this link on BSA's efforts:
http://zdnet.com.com/2100-1106-503946.html

Paul
Hi everyone!

Does anyone have a written policy they would be willing to share that says that the "in-house IT person is not held responsible for any illegal software if the company does not choose to comply with the policy of the software"? I would like to draw up a contract to have my supervisors sign. I've just been hearing too many nightmare stories lately about the IT person being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]
Wendy,

MS is very BLUNT about this ... as is the Software Piracy Foundation.

If you install illegal software you can be held personally liable in a court
of law.

If the company you work for gets popped for bootleg software the first thing
they are likely to say is "We didn't know our IT person was doing that.
Gee, we are horrified that they would do such a thing and, as a result we
fired them this morning."

If the company wants you to install bootleg software have them first sign a
legal document stating that they are ordering you to do this knowing full
well that it is illegal. Then hire yourself a lawyer and have them verify
that your but is covered. Problem is that no company is going to produce
such a document because if they end up firing you or laying you off for some
other reason the first thing you're likely to do is fax a copy of the
document to the Software Piracy Foundation.

I can't say this strongly enough. As an IT professional, do NOT go down
this road.

Todd Anderson



-----Original Message-----
From: Wendy Bowen (Pursche) [mailto:wpursche@...]
Sent: Wednesday, April 10, 2002 9:53 AM
To: vantage@yahoogroups.com
Subject: [Vantage] software policy


Hi everyone!

Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]



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[Non-text portions of this message have been removed]
If memory serves "contracts outside the law" are not enforcable. That is if
you hire someone to rob a bank and have a contract that you will not be
responsible it will not be enfoced in court. If you do wrong and know it
you are culpable.

As far as getting fired I'll bet company policy is "at will employment". In
otherwords they don't need a reason to let you go any more than you need a
reason to leave. Mutually "at will". The only thing termination "for
cause" might affect is severence.

Sounds like you have a sticky issue at hand.

-Todd C.

-----Original Message-----
From: Wendy Bowen (Pursche) [mailto:wpursche@...]
Sent: Wednesday, April 10, 2002 9:53 AM
To: vantage@yahoogroups.com
Subject: [Vantage] software policy


Hi everyone!

Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]



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[Non-text portions of this message have been removed]
I agree with Todd,
One of our sister companies was hit last year by of all companies WinZip.
We spend ALLOT of time doing self audits and making sure we are in
compliance.
I hate to say it but if a company orders your to break the law, I would
think that your are still just as liable as they are. If anything, maybe
even more so when there is a document stating that you knew what you where
doing would be in violation of copyright laws.
I would probably keep my eye out for another position.

Jeremy Leonard
IT Manager
K-T Corporation


-----Original Message-----
From: Wendy Bowen (Pursche) [mailto:wpursche@...]
Sent: Wednesday, April 10, 2002 9:53 AM
To: vantage@yahoogroups.com
Subject: [Vantage] software policy


Hi everyone!

Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]



Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
http://groups.yahoo.com/group/vantage/files/.
(2) To search through old msg's goto:
http://groups.yahoo.com/group/vantage/messages
(3) To view links to Vendors that provide Vantage services goto:
http://groups.yahoo.com/group/vantage/links

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
The other issue involved in "at will" is unemployment compensation. If you
get fired for cause (illegal actions), that can reduce benefits...or at
least your company doesn't get charged for your UC benefits. Unemployment
compensation is a very handy thing to have when needed. It is also critical
to keep one's reputation untarnished for the long haul career in life and
work history for future employment..... I agree, you are very wise to act
to protect yourself.

Deb Wilmoth
Controller


-----Original Message-----
From: Todd Caughey [mailto:caugheyt@...]
Sent: Wednesday, April 10, 2002 10:20 AM
To: 'vantage@yahoogroups.com'
Subject: RE: [Vantage] software policy


If memory serves "contracts outside the law" are not enforcable. That is if
you hire someone to rob a bank and have a contract that you will not be
responsible it will not be enfoced in court. If you do wrong and know it
you are culpable.

As far as getting fired I'll bet company policy is "at will employment". In
otherwords they don't need a reason to let you go any more than you need a
reason to leave. Mutually "at will". The only thing termination "for
cause" might affect is severence.

Sounds like you have a sticky issue at hand.

-Todd C.

-----Original Message-----
From: Wendy Bowen (Pursche) [mailto:wpursche@...]
Sent: Wednesday, April 10, 2002 9:53 AM
To: vantage@yahoogroups.com
Subject: [Vantage] software policy


Hi everyone!

Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]



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l/S=1705007183:HM/A=1036972/rand=582675529>

Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
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<http://groups.yahoo.com/group/vantage/files/.>
(2) To search through old msg's goto:
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[Non-text portions of this message have been removed]



Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
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(2) To search through old msg's goto:
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Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/



[Non-text portions of this message have been removed]
On a related topic-

I just received a marketing fax from a local computer consulting house stating the Business Software Alliance (BSA), the software industry's piracy watchdog group, has announced a Grace Period for the Milwaukee area (where we are). My questions are:

1) Is the BSA targeting: Certain cities at a time?
Large or small companies?
Certain types of companies (manufacturers, service, legal)?
Are they all bark and no bite?

2) Has anyone experienced a BSA audit? If so, what are your comments?

3) Their web site (bsa.org) offers a free download of their GASP Software Audit Tool? Has anyone used it? What other audit tools are available out their?

Their website also allows you to hear the radio ad that will be aired in the cities with a grace period. It says that most of their referrals come from current or past disgruntled employees. So if you don't have any, never did and never will, you practically have nothing to worry about!! :>)


Marty Kuphall
Controller
Ultra Tool & Mfg., Inc.

Ph. 262-703-0455
Fx. 262-703-0468

marty.kuphall@...

"Wendy Bowen (Pursche)" wrote:

> Hi everyone!
>
> Does anyone have a written policy they would be willing to share that says that the "in-house IT person is not held responsible for any illegal software if the company does not choose to comply with the policy of the software"? I would like to draw up a contract to have my supervisors sign. I've just been hearing too many nightmare stories lately about the IT person being fired or brought to court.
>
> Thanks!
>
> ~Wendy
The BSA have been working the past half year in the Cleveland area.
However, like herpes, they never really go away and can POP up when you
least expect it. As far as downloading software from their site, .........
I DON'T THINK SO

Shirley Graver
Systems Administrator
Rubber Associates Inc.
Cleveland/Akron, OH

-----Original Message-----
From: Marty Kuphall [mailto:marty.kuphall@...]
Sent: Wednesday, April 10, 2002 12:10 PM
To: vantage@yahoogroups.com
Subject: Re: [Vantage] software policy


On a related topic-

I just received a marketing fax from a local computer consulting house
stating the Business Software Alliance (BSA), the software industry's piracy
watchdog group, has announced a Grace Period for the Milwaukee area (where
we are). My questions are:

1) Is the BSA targeting: Certain cities at a time?
Large or small companies?
Certain types of companies
(manufacturers, service, legal)?
Are they all bark and no bite?

2) Has anyone experienced a BSA audit? If so, what are your comments?

3) Their web site (bsa.org) offers a free download of their GASP Software
Audit Tool? Has anyone used it? What other audit tools are available out
their?

Their website also allows you to hear the radio ad that will be aired in
the cities with a grace period. It says that most of their referrals come
from current or past disgruntled employees. So if you don't have any, never
did and never will, you practically have nothing to worry about!! :>)


Marty Kuphall
Controller
Ultra Tool & Mfg., Inc.

Ph. 262-703-0455
Fx. 262-703-0468

marty.kuphall@...

"Wendy Bowen (Pursche)" wrote:

> Hi everyone!
>
> Does anyone have a written policy they would be willing to share that
says that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.
>
> Thanks!
>
> ~Wendy


Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must
have already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
http://groups.yahoo.com/group/vantage/files/.
(2) To search through old msg's goto:
http://groups.yahoo.com/group/vantage/messages
(3) To view links to Vendors that provide Vantage services goto:
http://groups.yahoo.com/group/vantage/links

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.



[Non-text portions of this message have been removed]
Marty,

This sounds like a continuance of last year's efforts by the BSA and MS to
go after bootleg software. The routine was for BSA and MS to mass market
their msg to a few cities at a time around the country.

The Chicago market was blanketed early last year.

We received a letter from a Chicago law firm on the behalf of MS requesting
that we do a full self audit of installed MS products. Part of the msg was
that they reserved the right to request full blown documentation of all
installed licenses. ( PO + Packing Slip + Invoice + UPC symbols + + + + + +
)

Implicit in the letter was the msg that if you went out and purchased
licenses to cover any shortages IMMEDIATELY they would blink and not go
after you for past sins.

If you ignored the first letter you got a second letter a few weeks later
and then another, etc. The tone does not improve with each go round.

Yes, MS and BSA are targeting small to medium companies. I was told that
bootleg software in large fortune 500 companies is fairly rare. The fines
would be so large as to be staggering and because of their size it would be
hard for the big companies to hide the fact. On the other hand, small to
medium size companies have LOTS of bootleg software. Typically the owners
feel they are too small to be noticed. So MS feels this process is a NEW
profit center for them ...

Small to medium size companies are harder for MS / BSA to go after. It
costs them more money to physically audit and I don't believe the have
enough auditors to really tackle everyone. So for MS / BSA the self audit
letters are a very economical way of going after the issue.

Personally, we were mostly clean going in and squeaky clean coming out of
this process. It also put to bed once and for all whether there would be
ANY bootleg software running at our company. From that point of view I'm
actually glad to see the audits happening. Going to jail has never seemed
like much fun to me.

Regarding software, I looked at several packages and they all seemed like
more work and money then they were worth to me. ( We have about 70 pc's ).
My solution was to number all company PC's with an ID number. ( black
marker on the front of the box - "PC-001, PC-002" etc. ) Then I set up a
MS-Access DB and did a full audit myself.

Also, take a filing cabinet ... Setup one folder for EVERY piece of software
installed at your company - Free or not ... in each folder should be
PO-PackingSlip-Invoice stapled together. Keep in mind if you own an
"Upgrade" to a software package you MUST have the original documentation and
ALL of the upgrade documentation together so you can PROVE chain of
ownership.

Also, watch out for MS portability issues. I.E. If you buy a PC with
MS-Office OEM installed that license is only good for THAT PC. If you buy a
new PC to replace the old one you CAN NOT transfer the license. You must
purchase a new license for the new PC. On the other hand, if you purchase
a "Retail" version of the software you can install it on any ONE PC and can
subsequently transfer it to another PC if you choose.

And ... You and your company need a written, signed, policy for your
employees saying that if they install bootleg software they will be fired
immediately.

Still ... If an auditor put ANY company under a magnifying glass would they
find something wrong? YES YES YES ... case in point is an employee who
downloads any of dozens of utilities from the web. The employee says "Gee,
look, it says it's free for individual use ...". Keep reading and you'll
find the clause that says business use is NOT free ... bingo ...

All bark and no bite ? Odds are slim ... but the penalties can be nasty.
Are YOU willing to go to jail ?

Ok ... I'm done now ... sorry for the babble ... my run in with this issue
trashed the first 6 weeks of last year for me ..

Todd Anderson




-----Original Message-----
From: Marty Kuphall [mailto:marty.kuphall@...]
Sent: Wednesday, April 10, 2002 11:10 AM
To: vantage@yahoogroups.com
Subject: Re: [Vantage] software policy



On a related topic-

I just received a marketing fax from a local computer consulting house
stating the Business Software Alliance (BSA), the software industry's piracy
watchdog group, has announced a Grace Period for the Milwaukee area (where
we are). My questions are:

1) Is the BSA targeting: Certain cities at a time?
Large or small companies?
Certain types of companies
(manufacturers, service, legal)?
Are they all bark and no bite?

2) Has anyone experienced a BSA audit? If so, what are your comments?

3) Their web site (bsa.org) offers a free download of their GASP Software
Audit Tool? Has anyone used it? What other audit tools are available out
their?

Their website also allows you to hear the radio ad that will be aired in the
cities with a grace period. It says that most of their referrals come from
current or past disgruntled employees. So if you don't have any, never did
and never will, you practically have nothing to worry about!! :>)


Marty Kuphall
Controller
Ultra Tool & Mfg., Inc.

Ph. 262-703-0455
Fx. 262-703-0468

marty.kuphall@...

"Wendy Bowen (Pursche)" wrote:

> Hi everyone!
>
> Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.
>
> Thanks!
>
> ~Wendy


Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
http://groups.yahoo.com/group/vantage/files/.
<http://groups.yahoo.com/group/vantage/files/.>
(2) To search through old msg's goto:
http://groups.yahoo.com/group/vantage/messages
<http://groups.yahoo.com/group/vantage/messages>
(3) To view links to Vendors that provide Vantage services goto:
http://groups.yahoo.com/group/vantage/links
<http://groups.yahoo.com/group/vantage/links>

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service
<http://docs.yahoo.com/info/terms/> .




[Non-text portions of this message have been removed]
If you observe your employer doing illegal software piracy, and don't report
it, you are a conspirator. If they order or allow you to do it, and you do
it, you are liable, and they are co-conspirators. I would recommend doing
some research, and getting some case studies of companies that have been
busted for software piracy, maybe a letter from a legal consultant stating
the legal ramifications of software piracy, and do what you can to convey to
your employer that you are not legally allowed to do what they are asking of
you, and that your refusal to engage in piracy is based on the fact that you
are bound to federal copywright laws, and are unwilling to break them.

Software piracy isn't really a grey area, its just that its a very easy
crime to commit without getting caught. Those that are caught, though,
suffer for it, and your employer needs to realize the risks of their illegl
actions.

You are wise to try get their position on the matter in writing. I would
try to get a written record (e-mail) of your determination to abide by the
law, and any of their potential requests for you to install illegitemate
licenses. You could potentially do so in a casual matter, rather than a
formal contract, as a contract in this matter would not be legally binding
no matter how you word it. The software license agreements, however, are
legally binding.

If your determination to run your IT department in a lawful manner is
grounds for them terminating you, then you are better off working somewhere
else.

Thaddeus Jacobs
Information Solutions Developer
Kinematic Automation, Inc.
mailto:tjacobs@...



-----Original Message-----
From: Wilmoth, Deb [mailto:Deb@...]
Sent: Wednesday, April 10, 2002 8:53 AM
To: 'vantage@yahoogroups.com'
Subject: RE: [Vantage] software policy


The other issue involved in "at will" is unemployment compensation. If you
get fired for cause (illegal actions), that can reduce benefits...or at
least your company doesn't get charged for your UC benefits. Unemployment
compensation is a very handy thing to have when needed. It is also critical
to keep one's reputation untarnished for the long haul career in life and
work history for future employment..... I agree, you are very wise to act
to protect yourself.

Deb Wilmoth
Controller


-----Original Message-----
From: Todd Caughey [mailto:caugheyt@...]
Sent: Wednesday, April 10, 2002 10:20 AM
To: 'vantage@yahoogroups.com'
Subject: RE: [Vantage] software policy


If memory serves "contracts outside the law" are not enforcable. That is if
you hire someone to rob a bank and have a contract that you will not be
responsible it will not be enfoced in court. If you do wrong and know it
you are culpable.

As far as getting fired I'll bet company policy is "at will employment". In
otherwords they don't need a reason to let you go any more than you need a
reason to leave. Mutually "at will". The only thing termination "for
cause" might affect is severence.

Sounds like you have a sticky issue at hand.

-Todd C.

-----Original Message-----
From: Wendy Bowen (Pursche) [mailto:wpursche@...]
Sent: Wednesday, April 10, 2002 9:53 AM
To: vantage@yahoogroups.com
Subject: [Vantage] software policy


Hi everyone!

Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.

Thanks!

~Wendy

[Non-text portions of this message have been removed]



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already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
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<http://groups.yahoo.com/group/vantage/files/.>
(2) To search through old msg's goto:
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<http://groups.yahoo.com/group/vantage/messages>
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<http://groups.yahoo.com/group/vantage/links>

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service
<http://docs.yahoo.com/info/terms/> .




[Non-text portions of this message have been removed]



Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
http://groups.yahoo.com/group/vantage/files/.
(2) To search through old msg's goto:
http://groups.yahoo.com/group/vantage/messages
(3) To view links to Vendors that provide Vantage services goto:
http://groups.yahoo.com/group/vantage/links

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/



[Non-text portions of this message have been removed]



Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
already linked your email address to a yahoo id to enable access. )
(1) To access the Files Section of our Yahoo!Group for Report Builder and
Crystal Reports and other 'goodies', please goto:
http://groups.yahoo.com/group/vantage/files/.
(2) To search through old msg's goto:
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Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
We recently heard that CAAST was offering a grace period as well, but what
does that mean, exactly? That if you tell them you are buying licenses to
get in compliance, they won't turn you in?

Brian

> -----Original Message-----
> On a related topic-
>
> I just received a marketing fax from a local computer
> consulting house stating the Business Software Alliance
> (BSA), the software industry's piracy watchdog group, has
> announced a Grace Period for the Milwaukee area (where we
> are)..
The BSA target city amnesty thing is pretty much a sham. They might pick a
"publicity case" or two for a particular area from tips they have received
but for the most part they don't have the resources for any general sweep of
an area. Nor do they have the legal ammunition to do any sort of premise
search without a warrant which means bugging an over worked DA office to
seek one and a judge to issue it. Or if they claim there is a clause
allowing inspections make them leave and come back with a court order.
Prior to a paricular city being target Microsoft informs its volume license
vendors to target software marketing in that area. Funny how the BSA
letters arrive at the same time as CDW sends a friendly reminder they can
help with volume licensing. The whole process is a revenue enhancing
marketing scheme.

That said it is still wise to be as fully compliant license wise as
possible. I hate to think of the BSA as a friend but their letters make
terrific (terror-rific?) ammunition to go to your management and request
permission to either delete or buy copies that are not documented as
licensed. Everyone drifts out of compliance over time as people and
machines move around. Someone get a new machine and the old moves to
someone else without a copy of Visio (or whatever) getting removed. The new
user either has no clue the software is there or becomes a new user of it
and a new license is needed. The time to audit and delete unsused software
and the money to buy new licenses requires managament support and the
"threat" letters can assist in this. Besides, a well written request to
assure compliance sent to management can document (in your CYA file) your
side of it pretty well if there ever should be a legal issue

As for their software, unless you are very large (hundreds of PCs) and well
networked it is pretty worthless. I tried it and junked it. Easier to walk
around and check each machine and record in a spreadsheet. It also gave me
a chance to check each machine's "health" and do some PM like scan disk and
defrag that the user's don't/won't do.

-Todd C.



-----Original Message-----
From: Marty Kuphall [mailto:marty.kuphall@...]
Sent: Wednesday, April 10, 2002 11:10 AM
To: vantage@yahoogroups.com
Subject: Re: [Vantage] software policy


On a related topic-

I just received a marketing fax from a local computer consulting house
stating the Business Software Alliance (BSA), the software industry's piracy
watchdog group, has announced a Grace Period for the Milwaukee area (where
we are). My questions are:

1) Is the BSA targeting: Certain cities at a time?
Large or small companies?
Certain types of companies
(manufacturers, service, legal)?
Are they all bark and no bite?

2) Has anyone experienced a BSA audit? If so, what are your comments?

3) Their web site (bsa.org) offers a free download of their GASP Software
Audit Tool? Has anyone used it? What other audit tools are available out
their?

Their website also allows you to hear the radio ad that will be aired in the
cities with a grace period. It says that most of their referrals come from
current or past disgruntled employees. So if you don't have any, never did
and never will, you practically have nothing to worry about!! :>)


Marty Kuphall
Controller
Ultra Tool & Mfg., Inc.

Ph. 262-703-0455
Fx. 262-703-0468

marty.kuphall@...

"Wendy Bowen (Pursche)" wrote:

> Hi everyone!
>
> Does anyone have a written policy they would be willing to share that says
that the "in-house IT person is not held responsible for any illegal
software if the company does not choose to comply with the policy of the
software"? I would like to draw up a contract to have my supervisors sign.
I've just been hearing too many nightmare stories lately about the IT person
being fired or brought to court.
>
> Thanks!
>
> ~Wendy


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