# Employer using unlicensed software, liability?



## Scandium (Nov 11, 2015)

This might be more a legal question, but maybe someone here can help.

My employer, or specifically IT, appear to have the policy of telling us to use trial/freeware versions of some software if available e.g. Sketchup. These are of course specifically not allowed for commercial use per the EULA. The reasoning being it's highly unlike we'll get caught, which is probably true. It would probably be very bad PR, fines, and lawsuits if we did, but that's not my business. And I honestly don't care.

However, if I follow this policy and say use free version of Sketchup am I liable in any way if we do get caught? Could I personally be fined? Could my PE license be at risk?

Should I refuse to do it? Or perhaps demand that IT specifically tell me in writing/email that I should use unlicensed versions so I have a written record in case something happens? Whether that would even be worth anything I don't know.

Thanks.


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## Joe Dirt PE (Nov 12, 2015)

The company is liable for for any violations relating to software licensing, there's no risk to you as far as I'm aware. Software violations like the type you've described tend to only get enforced if an angry employee or former employee reports them. 

I found out about that EULA issue with Sketchup earlier this year. Most people don't even read EULAs and likely wouldn't even be aware of it.


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## MA_PE (Nov 12, 2015)

I don't know about Sketchup but most of the larger software trial verisons have signiifcant limitations such as not being able to print, minimal model sizes, etc.  You should also make sure that any output doesn't specifically say "demo-version" or something similar.  I agree that it's poor company policy but I alos agree that the company would be liable and not you if there were any issue (make sure you have some documentation of your directive to use the demo-version for project work).


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## Supe (Nov 12, 2015)

There have been many instances of malicious compliance where the individual is held accountable.  If your boss told you to set the building on fire, would you do it?  It's incredibly difficult to argue varying degrees of legality in front of a jury, especially when you are employed as an engineer and was the one to point out the wrongdoing from the get-go.  In my industry in particular (nuclear) malicious compliance can get you thrown in jail.  That's why there are employee concerns programs and whistleblower laws to protect the workers.


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## Joe Dirt PE (Nov 12, 2015)

I've never heard of anyone going to jail for lack of software licensing compliance before.


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## JHW 3d (Nov 12, 2015)

Will using the trial software result in a product that is unsafe? Probably not.


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## mudpuppy (Nov 12, 2015)

If my company was so cheap they weren't on the up-and-up with their software I'd be wondering what other shady practices they would use to screw me over.  I'd be looking for a different job.


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## Lumber Jim (Nov 12, 2015)

Bailiff: Do you solemnly swear...

You: yes

Attorney trying to build your company's credibility: Per your code of ethics, do you and your company "avoid deceptive acts"?

You: No.

Judge: :sad face:


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## MA_PE (Nov 12, 2015)

Is it true when you say "no" you really mean "yes"?


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