How can I approach management when asked to work without a software license?

Question

I need to use Windows at work and I do not have a valid license. When I talked to my boss about this he said I don't need it and to use it the way it is. I would rather not keep ignoring the warnings and using it anyway.

How can I approach my management about this?

I should add that when I raised the issue they said

1. We use lots of copies of Windows for a short time we don't need a license - this isn't really applicable to my case
2. We have the licenses but are too disorganized to know which one to use with the machine.

Answer 1

Software piracy is a problem, but it's not your problem.

You've raised your concerns with your employer, and they have stated that they may have licences, but haven't kept track of it. As other posters have stated, it's important that you raise the liability issue with your employer but, unless your responsibilities at the company include licencing compliance, don't press the issue.

Because they may be correct that they do have enough licences, in which case blowing the whistle will bring unnecessary auditing on the company and if they take a hit from it, they will look for the person who blew the whistle and if you've pressed them about the matter they'll pretty easily figure out it was you.

If you are seriously concerned about the matter, get their response in writing - email the IT department and ask clearly and concisely that you need a Windows licence. If they reply with a licence, great.

If they don't provide you with a licence, print a copy of the email, make sure you keep an electronic copy, and go on with your life. Make sure you have a clear paper trail that shows your diligence and you are in the clear.

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Update based on comments:

In the comments people have mentioned the level of responsibility of an employee regarding ethical matters. Obviously with ethical dilemmas there is a sliding scale to how responsible you are to your company, the aggrieved party (in this case software vendors) and society at large.

If you can demonstrate due diligence by properly raising this within your company, it is very unlikely that a group like the BSA would consider you at fault. Considering the BSA has come under criticism in the past for their heavy-handedness, if you can show that you raised your concerns internally, they would consider you having done your duty.

This is especially true if your role within the company isn't an IT role, or one that explicitly covers software licencing.

Answer 2

No. No, no no, 100x no.

This is illegal and in my opinion completely unethical.

You need to have a legitimate Windows copy and licence for the software and tools you use at work, full stop. Your employer is putting him/herself and you at serious risk for lawsuits.

You should absolutely not ignore the warning and press your employer for licensed software. If not, please look to @David Segonds' answer about reporting offenders. The BSA site has a wealth of information about penalties, fines and rules that use can use to drive home your point when talking to it with your boss.

There is a chance they may not understand how big of a problem it is. It would also be worthwhile to make sure these conversations are documented somehow...preferably via email (and backed up locally) so should your employer tell you to to continue this illegal activity, you have some proof that you tried to fix the situation when you report it. I'm not a lawyer, so I don't know if this would get you out of trouble completely, but covering your own behind is never wasted time when it comes to a situation where you could be thrown under the bus.

Edit for added bullet points check out Microsoft's Volume Licence Programs

Answer 3

Software Piracy is a serious matter. Using pirated software is illegal and opens your organization to liability. Offering to crack software may expose you personally.

The first thing to do is to inform your management that software piracy will expose the company to serious liability. Microsoft has published a guide that can help you present your case to management and educate them on this important topic.

To be honest, the excuse that the IT department is disorganized is quite worrisome. Your management is basically telling you: You may have a problem, but we have not looked into it and we are accepting the associated liability risk. The article Bringing your company into software license compliance with this six-step process by Aaron Boggs may also be a good way to present the information to your management. The six steps presented in the articles are:

1. Pick a license tracking method,
2. Perform a software audit,
3. Catalog all existing licenses,
4. Organize your data,
5. Maintain your license database,
6. Review your company's software licensing policy.

In addition, referring to the Code of Conduct for your organization may help you on the proper way to approach this situation within your organization. Larger organization have hotlines that employees can use to report unethical behaviors within having to directly engage management.

If you are unable to convince your management that they need to purchase the necessary licenses for the software you are operating, the ethical thing to do is blow the whistle on your organization. The Business Software Alliance (BSA) allows you to report your organization anonymously:

In order to investigate your software piracy report, you will need to provide the name and address of the company being reported, what software is being pirated, and how you know the software is pirated. All information provided to BSA will be kept confidential.

Answer 4

I would like to add a few other points to the otherwise great answers written here:

1. It does not sound like you are the person responsible for purchase / compliance / IT - so your responsibility is limited to raising the concern with management and documenting their response or obtaining evidence as such.

2. Your company, however, may be liable. In some jurisdictions any gains/profits obtained by using pirated software is considered the same as gains made by fraudulent means or deception. You have not mentioned where you are located and not all jurisdictions have the same level of enforcement for software piracy (or other IP infringement).

3. If your company is under contract to develop software, your contract may stipulate that all software is developed using genuine and "fit for purpose" tools; but again - this may not apply to you but I have seen a case where this came to light under a random audit by the client. In the case, the licenses were there but not applied correctly (it was not a bad faith move but rather a lapse in accounting of licenses).

4. Risk. Using pirated software puts you and your organization at a higher risk of security breaches. This is because most circumvention techniques specifically disable security controls in the software; others are simply just using a randomly generated key. However, from a risk standpoint it is never good to use pirated software as you are not entitled to any support from the vendor.

Keep in mind all this depends on perspective and scale. If you are talking about a 5-man software house, a lot of this doesn't matter at all.

As mentioned if there is no enforcement of IP laws - a large deterrent is not applicable to you and there may be no tangible consequences.