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Software Piracy and the OACETT Code of Ethics

By Eric P. Leitner, CSP, CSM, CIM, C.Tech., OAAAS, AMIEEE

We've all seen the same radio button concerning licensing agreements, haven't we:

[] I ACCEPT
[] I REFUSE

But what does it mean to us, the members of OACETT, whether we are C.Tech, A.Sc.T. or C.E.T.?

I might begin with the costs of software piracy to the Canadian market. Statistics such as estimated direct and indirect job losses of 32,112 with associated salary losses amounting to $1.4 billion. Or even that software piracy costs the Canadian economy $342 million annually in federal and provincial tax losses alone.

Blah, blah, blah. . . Have I lost any of you yet? I know I have. We've all heard the statistics before; and they were very likely quickly forgotten, just as you are likely to forget these numbers by the time you finish this article. This issue of The Ontario Technologist has a separate article on the topic of piracy statistics, comparing engineers and architects to be more specific; and they are most certainly far more interesting and in some cases surprising than other numbers you may have read before.

However, I would like to first discuss the relationship between software piracy and OACETT Code of Ethics. I am certain that many of you already know where this is going ... so, lets get the obvious over with quickly before I risk losing a few more of you.

Very directly speaking, all members of OACETT are bound by the Rules of Conduct and Code of Ethics. The Code is a shortened version of By-Law 18. In it you will find that it states:

The Certified Engineering of Applied Science Technician or Technologist recognizes the precepts of personal integrity and professional competence as fundamental ethics, and as such he/she shall: . . . 9./ report to the appropriate agencies and hazardous, illegal or unethical professional decisions or practices by fellow members or others. (OACETT, B1-5)

Section B1.4.2. of the PPE Study Manual offers further "Guidelines for Interpretation of the Code of Ethics" and in one part explicitly states that

"[i]gnoring unprofessional practices, either for expediency or sympathy. . . certainly circumvents the responsibility of self-regulation that has been granted to the Association. Intentionally refraining from reporting substantive breaches of the Code of Ethics on the part of another member therefore constitutes unprofessional conduct." (OACETT, B1-16)

Certainly, Section B4.14, titled Guide to Copyright, the Internet and Software has far more to say, but lets just get to one item and I promise to be done with this topic. Under Section B4.14.17 -- Software Use Guidelines, the Guide states that:

Computer industry software is protected by copyright or license and use is restricted to those who have complied with the provisions of the licence agreements. Pirated copyrighted software is that which is illegally copied [sic] distributed or modified. Use of pirated software is illegal ... It is your responsibility to be aware of the licensing agreements that are in place for the software you are using. (OACETT, B4-33)

What should catch many of your attentions is that OACETT places the responsibility on us, its membership. In a telephone interview with Sam DiGiandomenico, Director of IETO and Registrar, I was informed of the possible repercussions of being caught pirating software. "Penalties may be as light as a formal written admonishment or being forced to pay reparations for the piracy," said Mr. DiGiandomenico, "to more damaging punishment such as losing certified status with OACETT until such time as a Profession Practice Re-Examination can be successfully completed by the member. In more serious cases, members may even be referred to the Disciplinary Committee and have their OACETT status revoked entirely."

Using pirated software at work or even pirating it for ourselves is not an action to be taken lightly. Mr. DiGiandomenico equates it to signing off on a batch of sub-standard building materials or manufactured goods without having performed the proper inspections. "Your stamp or signature is your guarantee that the work has been done to OACETT's standards. Using stolen tools would clearly be against our Code of Ethics."

Allan Steel, the General Manager of Autodesk Canada and an active member of The Canadian Alliance Against Software Theft (CAAST) had this to say: "We are active in cracking down on software piracy because we owe it to our legitimate customers. Software piracy is just like shoplifting; the cost of the lost revenue is blended into the product which is legally bought. Why should honest customers be penalised for the crimes of others? We are trying to promote an atmosphere of fair competition."

Mr. Steel makes a very good point. He goes on to say, "If you had a parcel delivery company and one day discovered that your competitors had been breaking into your plant to use your trucks every night and putting them back in their places before you opened for business, you would be rightfully angered. Any argument that you couldn't possibly have been harmed as you didn't have any knowledge of what was going on would not in any way appease you. You would still demand that the police do something about it."

It is no different with computer software; thinking that it isn't wrong because "there is no real harm done" or because "nobody even knows it has happened" is a lie. We may eventually manage to convince ourselves, but we might not have the same luck with the legal authorities or with the OACETT Disciplinary Committee. It certainly isn't worth the risk of losing our member status which we have worked so hard to achieve.

Those wishing to find out more information or confidentially report piracy may contact the Canadian Alliance Against Software Theft at www.caast.org. For more information contrasting piracy among architects and engineers, see the other article in this issue of The Ontario Technologist.

About the author: Eric P. Leitner is a C.Tech. with OACETT in the disciplines of Building/Building Design, Computer/IT and Electrical, as well as an Associate Member of OAAAS. Eric also holds CSP, CSM, CIM and AMIEEE professional designations. He owns and operates ÆSIR International Ltd., an Ottawa based 3D modeling and CADD consulting firm.

© 2005 ÆSIR International Ltd., Eric P. Leitner.