Problem: Ethics and Fair Use
Scenario
You are on the management team in BIOFree, the software corporation. Adrian Rose, one of the IT developers, created software that was being used in the company. Rose directly copied 6,500 lines of code from a competitor, the ORUN Corporation, and replicated the code without permission into the spy software used for the company. This spy software was released for sale to the public.
According to Rose, the code copied was protected under the fair use copyright law. Jackson, the grey hat hacker, copied the reconstructed code and exposed some vulnerabilities in the software. He also cited "fair use." Jackson disclosed that he was successful in identifying vulnerabilities in several other corporations. Due to non-disclosure agreements (NDAs), he could not disclose the names of the other corporations. He had also stated that he "paid his debt to society" after being implicated in hacking, which he had disclosed to a company. He was briefly held for a former implication and later released without charges. He saved the corporation millions of dollars.
BIOFree is in the process of combating a lawsuit over the use of the copied code.
If you were the judge in this case, what would be your decision about the lines of code copied from the ORUN Corporation? You based your decision on what you know of the law on copyright infringement and fair use policy.
Jackson and Rose were also called before the Board of Directors. You will need to decide whether the actions taken by Jackson and Rose are excusable under the fair use doctrine, the ethics involved with the case and whether they should stay with the company. You are considering the consequences of both actions.
Task
Based on what you know about software piracy, computer crimes, hacking, and fair use, discuss and make a decision on the following:
1) As a judge, what would be your decision in the case of the copied code based on what you know about copyright infringement, fair use policy, and the law? Include the law, the fair use policy, and/or copyright infringement to back up your decision.
2) As a member of the Board of Directors at BIOFree, what decision would you make about Jackson and Rose?
3) Why might you allow them to stay with the company?
4) What laws or policies would you use to back up your decisions?
5) How should the potential benefits of retaining both individuals be evaluated against the potential harm that could be done if the individuals are released from their duties?
6) What is your final decision on the actions taken by Jackson and Rose?