Touchy Subject...

  • I started a permanent position with a company about a week ago. In my role I work am working with databases on SQL Server 2005 instances a great deal. My first task given to me is to create SSIS packages that calls and runs SQL Safe extended stored procedures. My manager wants to use SQL Safe because of it's benefits and the cost. Well the cost is nothing because he is using a Freeware version and deploying it to production servers. I got a copy of the version he is installing and in the license agreement during install it clearly states it isn't to be used in corporate settings.

    I question whether or not my manager is setting me up to see what I will do when faced with an ethical dilemma or if he can be taken at face value and totally expects to be running all of the database backups/restored/copies all from a non-licensed product? What would you do in a situation like this? BTW, this is a small IT department of 20. My manager has been with the company some 12 years and his manager 13 years. I don't think going over his head would do anything but get me fired.

    Thanks

  • So let me see if I got you right..

    Your boss has you using software outside of the license, ie you don't have a license to use it commercially but you are..

    That about sum it up?

    I see two seperate things. You should in a written manner, preferably with sent and read receipts send your boss a memo stating that the company is currently using this software out of license and that continued use could get us into trouble. Don't state anything like if you don't get a license I will turn you in but make it clear continuing as is could subject the company to sanctions that could put it out of business. As soon as it is sent copy the sent mail and any receipts to a thumb drive, you want a copy, just in case.

    the other item is you need to see how your boss responds, if he responds that we will continue as is, YOU need to make a decision as to what you can deal with, and if the company ever gets busted you have some cover, not sure how much.. But your boss can no longer claim he didn't know and if he does then you have proof otherwise.

    When this happens it makes me wonder what OTHER software they are running that they don't have valid licenses to. I know everybody wants to save money, but sometimes companies take that too far.

    CEWII

  • Also note that a company that will ignore software laws in order to save money, because they can get away with it, may just as willfully ignore labor laws to save money, because they can usually get away with that, too.

    -Eddie

    Eddie Wuerch
    MCM: SQL

  • Can't help but chime in to agree with the excellent advice above. Boils down to "do you really want to work for someone who is doing this?"

    Which may only be answered by finding out if he realizes that it's happening. If your boss is willfully and knowingly violating the license agreement, then I'd say it's time to shop around for a new job.

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  • If this is the same SQL safe that I am thinking of (backup tool) then I would be more concerned with the fact that you are the trusting the safety of business-critical data to a product that is not licensed.

    The backups may run happily, but what happens when there is a disaster and you need to restore from one of these compressed backups and you find that your un-licensed copy does not work? you will not be able to get any help from the company.

    I am surprised your business is willing to take such a risk for such a relatively inexpensive product, and I am sure you will be the one left holding the can if the worst happens.

  • Start out with the assumption that it's an innocent error. Your boss may not even know it's not a licensed copy. Alert him to the issue, pointing out your concern that tech support won't be available if there's an issue. That might be enough.

    Keep in mind that someone may have made a mistake and not applied the license correctly during installation. Might not be an ethics/legal issue at all.

    If, however, it turns out that this is a known problem, and is actually being done in an effort to avoid paying a licensing fee, that's an issue. Companies that do that kind of thing, as already pointed out, are the same kind of companies that will cheat you, cheat on taxes, break OSHA regs, etc. Cover your own a**, and start job hunting ASAP.

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  • Well you have different options, there is nothing on the idera site about restrictions on not using the freeware version, however they no longer now offer the freeware version for download.

    There are massive differences in functionality between sql safe and the freeware version. first thing being $1195 per instance for example.

    I can only agree with the previous poster, you will hit massive issues if your entire backup/DR strategy is based on this product. the first thing you will be asked for is, your license numbers if you have to ring up for support.

    and make no mistake, you will be held responsible if this situation occurs. I would be very tempted to ask your boss, how do you keep your critical systems running if you need to ask for support for this product that underpins your entire database infrastructure.

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  • I would go with Elliott and GSquared.

    Send your boss a mail telling him what is happening. Make clear you think this is an innocent error.

    Don't even mention it could put the company at risk of sanctions - your boss should realise the implications of this problem and may take your words as a threat.

    Keep hardcopy and electronic copies of your mail, the read receipt, and your boss's reply at home.

    All being well, your boss will want to get the license sorted out, and will ask you to give a statement of the costs involved to do this. Be ready to answer quickly, so no-one can say you are a cause of delays. However, don't be surprised it it takes 2 to 4 months to get budget approval and have the licenses in place.

    If it goes bad and you feel there is no intention of getting things legal, start looking for another job. Also, if your organisation has any 'confidential' process for reporting business problems consider using that to escalate the issue, but maybe only after you have got your resume into the market place.

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  • Ed,

    I like your response. good advice.

    CEWII

  • EdVassie (11/19/2009)


    I would go with Elliott and GSquared.

    Send your boss a mail telling him what is happening. ........

    Also, if your organisation has any 'confidential' process for reporting business problems consider using that to escalate the issue, but maybe only after you have got your resume into the market place.

    Unfortunately, I'm sure you boss would have a very good idea who might have reported the issue via the 'confidential' process.

    🙁



    Alvin Ramard
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  • Hence the quotes around 'confidential'...

    These schemes work best if your company is basically sound but your boss is cutting corners. If you make a valid complain your position should be protected, but your boss's position may be at risk.

    If the company just has this process as window dressing, then you could find raising a complaint is a job-shortening move.

    You need to be happy you can deal with whatever the consequences might be before you raise such a complaint.

    Original author: https://github.com/SQL-FineBuild/Common/wiki/ 1-click install and best practice configuration of SQL Server 2019, 2017 2016, 2014, 2012, 2008 R2, 2008 and 2005.

    When I give food to the poor they call me a saint. When I ask why they are poor they call me a communist - Archbishop Hélder Câmara

  • EdVassie (11/19/2009)


    Hence the quotes around 'confidential'...

    These schemes work best if your company is basically sound but your boss is cutting corners. If you make a valid complain your position should be protected, but your boss's position may be at risk.

    If the company just has this process as window dressing, then you could find raising a complaint is a job-shortening move.

    You need to be happy you can deal with whatever the consequences might be before you raise such a complaint.

    Ed, my comment had nothing to do with how well the company 'confidential' process works. The boss hears that a 'confidential' complaint was made right after someone made him aware of the same issue. Unfortunately, the boss will likely think it's the same person.



    Alvin Ramard
    Memphis PASS Chapter[/url]

    All my SSC forum answers come with a money back guarantee. If you didn't like the answer then I'll gladly refund what you paid for it.

    For best practices on asking questions, please read the following article: Forum Etiquette: How to post data/code on a forum to get the best help[/url]

  • A lot of good advice has been given. Please don't compromise your integrity.

    I certainly hope it doesn't come to this, but if you are fired for refusing to install an unlicensed product, you may have some recourse under "whistleblower" laws.

    Hope it's just a misunderstanding.

  • i will leave the legal/ethical aspects of the situation to the other posters, as they have some good commentary, and focus on a different side of things. one of the particular problems I see from your end is the lack of 24x7 support. we use SQLSafe in our production environment, and have found it to be an excellent product - though a good bit higher in cost than Redgate's competing product. since we have licensing + maintenance, we have support through idera if/when we need it, plus upgrades whenever they come out. support for the freeware edition is only through the forums. though i don't doubt they've done a fine job on their freeware version, it would worry me to have my southbound-side on the line with no support - especially when we're talking about such a critical area as backups. whew. that would cause me endless amounts of extra unneeded heartburn. needless to say it might be worth another try at convincing them to pay out the bucks for a few licenses. if the price is a sticking point, maybe Redgate SQL backup is an alternative.

    tough situation. i can't tell you for sure what i'd do in your case. that's a rock and a hard place for sure.

    ----

  • Elliott W (11/16/2009)


    So let me see if I got you right..

    Your boss has you using software outside of the license, ie you don't have a license to use it commercially but you are..

    That about sum it up?

    I see two seperate things. You should in a written manner, preferably with sent and read receipts send your boss a memo stating that the company is currently using this software out of license and that continued use could get us into trouble. Don't state anything like if you don't get a license I will turn you in but make it clear continuing as is could subject the company to sanctions that could put it out of business. As soon as it is sent copy the sent mail and any receipts to a thumb drive, you want a copy, just in case.

    the other item is you need to see how your boss responds, if he responds that we will continue as is, YOU need to make a decision as to what you can deal with, and if the company ever gets busted you have some cover, not sure how much.. But your boss can no longer claim he didn't know and if he does then you have proof otherwise.

    When this happens it makes me wonder what OTHER software they are running that they don't have valid licenses to. I know everybody wants to save money, but sometimes companies take that too far.

    CEWII

    Absolute must do things.

    Best and most important thing is to talk to your boss about the issue first and openly.

    Jason...AKA CirqueDeSQLeil
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