W. Gale Cutler's Commentary on "Request From a Former Student"
Information costs money to generate and store and has value.
Many companies consider information a form of asset.
Proprietary information is information which a company or
organization owns or is the proprietor of. This term is used
primarily in a legal sense, just as "property" and "ownership"
are ideas carefully defined by law. Normally it refers to new
knowledge generated within the organization which can be
legally protected from use by others. A rough synonym for
"proprietary information" is "trade secrets." A trade secret
can be virtually any type of information which has not become
public and which a company has taken steps to keep secret.
Jason has no proprietary right to the information developed
by Prof. Nice and in whose development he participated in a
minor way. That information is proprietary to the university or
the sponsor who funded the research work. Some agreement prior
to the initiation of a research project must be developed (and
adhered to) about to whom the data and information assembled
during the project belong. When Prof. Nice receives a request
from Jason he must get clearance from the owner of the
proprietary information before sending a copy to Jason. The
only case in which this would not be necessary is if the
university/Prof. Nice arrangement grants ownership of the
information contained in the report to Prof. Nice. Even in that
case, it is unwise to send the information to Jason without a
clearly defined explanation of just what Jason intends to do
with the report.
When Prof. Nice finds out what Jason has done with the
report he must admit the error he made and inform authorities
at the university that granted Jason his degree of this
flagrant case of plagiarism (passing off of another's work as
one's own). Hopefully, this step (which is a form of
"whistleblowing") should lead to the action granting Jason a
master's degree being rescinded. Where were the university
supervisors of Jason's graduate work when this plagiarism was
happening?
A case somewhat similar to this occurred at a company for
which I worked. An employee left voluntarily to go to graduate
school. Due to some slipshod handling of his "exit procedure"
by the Human Resources Department, the fact that he had taken
his laboratory notebooks (containing company proprietary data)
was not discovered until several weeks after his departure.
Letters asking him for his notebooks, which contained
proprietary (and sensitive) data on the flammability of
plastics, were ignored. A couple of years later he received a
Master's Degree in Chemistry from a reputable university. Major
portions of his thesis bore strong resemblance to the research
work he had done for the company at which I worked. We chose to
take no action because we felt we could not prove his
plagiarism in court if a legal action developed.
Cite this page:
"W. Gale Cutler's Commentary on "Request From a Former Student""
Online Ethics Center for Engineering
8/17/2006
National Academy of Engineering
Accessed: Wednesday, February 08, 2012
<www.onlineethics.org/Resources/Cases/Former/FormerCutler.aspx>