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Re: [MSUNAG] Legal responsibility of software installed by faculty In the case you have provided, then, if the answer is “gray” then it is No.

My question was: Does it absolve the college of ALL legal recourse...”  If the answer is not yes, then it is no.  And this DRASTICALLY affects our decision to allow faculty to install ANY software on their machines themselves.

I will make sure I forward GC’s response to me out to all of you, so we all have a Yes or No answer to this question.

Thanks!

-dak


On 9/14/10 3:29 PM, "Gary Schrock" <[log in to unmask]">[log in to unmask]> wrote:

On 9/14/2010 3:10 PM, Aldrich, Dak wrote:
 RE:  Legal responsibility of software installed by faculty 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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This message is only for the intended recipient(s).  If you are not the named recipient you should not read, distribute or copy this email.  Any views or opinions expressed in this email are those of the author and do not represent those of Michigan State University or the College of Music.  Any information obtained from or contained in these emails is confidential.  No information will be shared or given to any persons outside of the appropriate department(s).