I think the key issue is whether the employee is using the pirated products for personal or business use. For personal user I would agreee with you, the company is not responsible.
But if I download software and use it at the business for business gain - now we are in a much different world of responsibility.
Often, the most tech-savvy users are your IT staff themselves. Don't be surprised if many of your IT staff engage in piracy
@Jason, thanks for the post. I totally agree with you that many times IT staff themselves engage in piracy. I think one reason for this could be because no-one is monitoring the IT staff. Moreoever IT staff will have the resources and knowledge about how to overcome the network restrictions.
Employee is breaking copyright laws, downloading vie torrents last episodes of TV Drama or comedy , watching it during his/ her lunch break. Should his employer be punished?
@Mashka, I dont think the employer should be punished because employee is breaking the copyright laws. But employer should always take steps like blocking certains sites so that employee doesn't get a chance to commit piracy.
"Lets say, an employee killed someone during his working hours? Is this also an employer's guilt? I don't think so- then why its the employers' business to care about these things?"
If an employee downloads software illegaly and then uses it in the course of business and this illegal software helps the company be successful - then yes it is the company's responsibility.
If the employee downloads illegal software, puts it on a drive and takes it home. then I see the gray area.
In the case of the employee killing somebody during work hours, hopefully there is no scenario where the death benefits the business - but only then would the comparison truly work.
Should employers care about that so much because piracy is unethical or illegal?
Lets say, an employee killed someone during his working hours? Is this also an employer's guilt? I don't think so- then why its the employers' business to care about these things?
Yes, blocking torrents seems to be just good common sense. As Jason notes in the original blog post here, there are some legitimate reasons for torrents (such as Linux distros) but those can be allowed on a case-by-case basis.
It's amazing to me that some organizations still have not gone through the simple step of blocking BitTorrent traffic. Not only is pirating illegal, but downloading torrents can infect a PC with all sorts of nasty software you don't want, leading to a compromise machine/device. But if there is nothing blocking a user from doing it, chances are that he/she will take the plunge, and continue to do so until it is blocked.
Yes, DrT, BYOD is going to further complicate an already complex issue. The whole area of copyright is ripe for challenge and change, but somehow I doubt that's high on the list of things for the US government to do. It's right up there with patent law! Yet companies must abide by the laws we have on the books and so they have to protect themselves from infringement. If I was a CIO, I'd certainly have an attorney review my BYOD policy vis a vis copyright infringement, my rights as the IT/employer, and the terms by which the company could review the content/source, etc.
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