Software Piracy vs. Legal Copying (TI)

This pages contains a selection of advice from The Ethics Office at Texas Instruments Corporation.

The advice is that of either TI Ethics Director Carl Skooglund or Glenn Coleman, Manager of Ethics Communication and Education. The articles were distributed among TI employees via TNEWS.

Unauthorized copying of software may violate TI policy and copyright laws

On the illegal copying of computer software

Copying software programs may be acceptable in some situations

Upon finding unlicensed software

Questionable windows wallpaper

Article Number 39: Unauthorized copying of software may violate TI policy and copyright laws

Software Piracy-the illegal copying of software -- is recognized as negatively affecting all users by driving up prices and reducing funds for research and development of future generation software. Moreover, it is a practice which is drawing increased attention from software industry trade associations. In the past 20 months, over thirty lawsuits have been brought against major corporations and other offenders pirating software.

Much of the software used at TI was created and copyrighted by other companies and may be subject to nondisclosure restrictions. TI does not usually own software created by third parties but receives and uses the software under a license agreement. It is TI policy to comply with license agreements which govern the use of software. Reproducing software without authorization may violate these agreements and U.S. copyright laws.

Personal computer software should be used on only one microcomputer at a time. If the microcomputer has a program loaded on its hard disk, that particular program should not be loaded on any other disk. This means that if a department has ten microcomputers with Lotus 1-2-3 installed on each, then that department should also have ten sets of original documentation and system disks assigned to those ten microcomputers. It is TI policy to purchase licensed copies of software for each personal computer used by TI employees. Each employee is responsible for ensuring that programs used are authorized copies.

Violations of TI policy on unauthorized use of software can lead to disciplinary action, and may also be a civil or criminal violation of state and federal law.

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Article Number 101: On the illegal copying of computer software

An anonymous question to the Ethics Office asked about the illegal copying of software. Since that activity is never acceptable at TI, what are some other options when we need the software to do our jobs?

TIers who call on the Ethics Office communications line or send me a message using the confidential features of our IMS system often choose to remain anonymous. Here is a response to an anonymous question.

With all the discussion on cash flow here at TI, there are intense cost reduction pressures. Often we cannot get approval to buy software that we need to do our jobs. The temptation is to copy current software but this violates copyright laws. What can we do? We are really stuck! We cannot do our jobs without it and cannot get approval to buy it.

The first step is to determine whether the purchase of a particular software program is absolutely necessary. Are other options available that may be cost effective, for example, by sharing it over staggered break periods or multiple shift arrangements as we do in many operations where facilities, equipment, and software are a major investment?

It is, of course, a primary responsibility of local managers and work teams to do what makes sense. There must be a match between computer resources, staffing levels, work schedules and program deadlines. And they must never depend on the use of illegally copied software.

Any situations that cause TIers to feel that they are being forced to take improper actions to achieve their goals must be brought to the attention of the managers who are responsible for setting schedules and approving software purchasing decisions. Illegally copying software is never acceptable. Period. Options must be carefully considered. These discussions should include a serious review of whether, in certain instances, spending money may ultimately save money. TIers should take the initiative to have these issues reviewed.

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Article Number 135: Copying software programs may be acceptable in some situations

This section addresses various ethics issues as well as comments and questions posed to the TI Ethics Office and will be changed weekly. Please distribute these articles to those who do not have IMS access. For those who use a computer at work as well as a home computer or a laptop, the guideline for copying software for use on multiple machines may have changed.

I continue to receive questions regarding the use of a PC software program on more than one computer at a time. Typically the questions involve a TIer who wants to know if it is okay to use a second copy of the software on a PC at home or on a laptop computer. Recently some software developers have made changes to their policies in an attempt to accommodate their multiple PC customer needs. But these changes vary from supplier to supplier.

Following is an article from February's LOTUS Magazine. (Copyright Lotus Publishing Corp. Used with permission. All rights reserved.) Finally, acknowledging that many people use more than one PC to do their work, both Lotus Development Corp. and WordPerfect Corp.--two of the last hard-liners on licensing issues--have changed their policies to reflect the new realities of home and portable computing. Both companies now allow users to install at least one extra copy of their software on a home or portable PC.

Lotus's published agreement is somewhat vague, stating that you can use this software on any compatible computer, provided you use the software on only one computer at a time.

However, Lotus's Deputy General Counsel, Neal Goldman, concedes that 'if you have a machine at home or a laptop computer, you can copy the software to that second machine without having to buy a second license.

WordPerfect's published license agreement, which applies to all of its products, is more forthright. The WordPerfect policy grants you a special license to place an extra copy of the software on a home or laptop computer, as long as the extra copy is never loaded . . . at the same time the software is loaded on the primary computer.

It is very important that you understand the guidelines from the supplier of your particular software program. Don't make assumptions. These restrictions change and they are different among the suppliers. If you aren't absolutely certain about the rules for your software program, call Kathleen Humphrey in TI Legal at (214) 995-1302.

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Article Number 197: Upon finding unlicensed software

This section addresses various ethics issues as well as comments and questions posed to the TI Ethics Office and will be changed weekly. Please, distribute these articles to those who do not have IMS access. The unauthorized copying of software is a form of misuse of the intellectual property of others and puts both the individual and TI at risk.

In the normal course of their duties at TI, several TIers have reported finding software improperly installed on TI computers. Suppose you are performing maintenance on a PC or perhaps you share a computer with several others and you inadvertently come upon installed software for which there is no license copy for that machine. What do you do? What are your responsibilities?

First of all, the use of an unlicensed copy of a software package is not only unethical, it can be illegal. It can amount to theft and in any event should be neither practiced nor tolerated at TI. So how would you handle any other situation involving potential misuses of assets? Would it be proper to ignore the unauthorized borrowing or conversion of a $200 tool or other piece of equipment that belonged either to TI or to a fellow employee? Of course not.

Likewise, we each have a personal obligation to get involved, to take personal action, to be pro-active when we suspect or know that unauthorized copies of software are installed on TI systems. So what is the proper course of action?

The best response is for you to personally confront the operator or TIer to whom the machine is assigned. However, if this is not appropriate for the situation, contact either the supervisor, TI Security or the TI Ethics Office. While there are limitations on accessing the computers of others (refer to T DA; TNEWS.ARCHIVES.1992.10.P013), if you discover improper activity in the normal course of your job functions, then you should take appropriate action.

TI considers theft in any form as a serious offense, and the unauthorized copying of software puts both the individual and the company at risk.

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Article Number 199: Questionable windows wallpaper

The increased use of the Windows environment on our PC's has raised some ethical issues. The use of questionable or pornographic wallpaper is one of these issues. The move toward the Windows environment has increased computer literacy and has raised several ethical issues and questions that have come up to us on the Ethics communications lines.

The list includes

• computer games
• desk-top publishing
• gambling activities
• computer virus protection
• copying software for multiple machine use
• personal use of TI computer systems
• suppliers gifts of software

Another interesting issue was recently raised by a concerned TIer

• MSDOS Windows on PCs allows the display of a graphic picture for the screen background, the picture called "wallpaper". Of course, an entire industry has sprung up to provide wallpaper graphics with topics ranging from the scenic to the obscene. The problem is dealing with the latter case. What are considered reasonable, acceptable limits?

Easy access to the Internet, NNTP News and cheap off-the-shelf software has allowed some TIers to load questionable and even pornographic graphics onto TI computer systems. In one reported incident, a TIer apparently copied an obscene graphics file over to another's computer without their knowledge and consent, replacing a normally acceptable wallpaper with something obscene in nature.

While common sense would tell most of us that such behavior is of poor taste and unacceptable at TI, under some circumstances it could be considered as "hostile environment" sexual harassment. Such behavior fails to meet the responsibility each of us has to promote a positive work environment by respecting the individual rights of others, by conducting ourselves in a professional and business-like manner, and by refraining from inappropriate or sexually harassing conduct.

Several other related questions for those who might be considering this activity

• How would you feel if your supervisor and your co-workers knew of this behavior? Would it pass the newspaper test?
• Was the software properly purchased through the TI procurement system? Who paid for it? How is it licensed?
• Are you confident that this software is virus-free? How would you feel if you discovered you were responsible for a virus?
• Are you accepting TI pay for this type of activity?

TIers who know of those who improperly use TI assets in this manner have a responsibility to either encourage the violator to stop, to notify their supervisor, or to contact the Ethics Office. TI remains committed to an environment where people are valued as individuals and treated with respect and dignity.