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If (PlaintifHasDeepPockets = YES) then {
    msg = "Include in lawsuit";
};

 

Laurence Bates

 

  _____  

From: Gary Schrock [mailto:[log in to unmask]] 
Sent: Tuesday, September 14, 2010 3:29 PM
To: [log in to unmask]
Subject: Re: [MSUNAG] Legal responsibility of software installed by faculty

 

On 9/14/2010 3:10 PM, Aldrich, Dak wrote: 

Ok.  I think I need to re-phrase my questions regarding who is legally
responsible, bottom line, for software installed on university purchased
machines.  A lot of good things came up with the responses I got.  However,
I now need a VERY SPECIFIC response.

Yes or No.

If (answer != YES) | (answer != NO) then {
    msg = "Do not answer this email";
};

If we have an agreement that states explicitly that faculty are responsible
for all software they install and it's state of legality, does that absolve
the College of ALL legal recourse, should the faculty be found to have
installed illegal software?


I think the answer is probably more grey than yes or no, because it's going
to depend on the lawyers and judges ultimately involved.  And once you get
to that point, yes and no aren't really easy to answer.  My guess would be
that if some company decided to go after someone they discovered using
illegal copies of their software, the lawsuit would likely name the
individual, the department, and quite frankly probably the university, and
then it would be up to the legal wranglings of lawyers and judges to decide
who really should be held responsible.

Given that, then the answer is probably a lot closer to No than Yes.




If the answer is "some of it, but not all of it" then the answer I'm looking
for is "No".

I have spoken to several individuals, both at ATS and in Gifts office, and
have not gotten a flat out Yes or No from anyone.

The answer I get will determine how we deal with allowing them to install
their own software, as well as our internal College level IT Policies.

Again, thank you for all the responses I got, and some of the advice and
thoughts I received.  They were helpful for other issues, as well as this
one.

Thanks!

-dak 

  _____  

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