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Case 3

Ethics, Moral Dilemmas, and Tough Decisions: The Many Challenges of Working in IT

Question 1: Companies are developing ethical policies and guidelines for legal reasons, but also

to clarify what is acceptable and what is not. Do you think any of the issues raised in the case

required clarification? Would you take exception to any of them being classified as inappropriate

behavior? Why do you think these things happen anyway?

Company internet and computer policies should always be clear, and policy authors should

ensure that all bases are covered. According to Senior HR Consultant, Martin Gabriel,

“company policy dictates the terms and conditions of employment.” Clear and comprehensive

policies properly presented to employees will minimize the occurrence of incidents violating

company policies. “When policies aren’t clear, ethical decisions are left to the judgment of IT

employees, which varies by person and the particular circumstances”. According to Jon Barton,

from his presentation “Effect of Corporate IT Policies on Otherwise Privileged Communication”,

companies can require potential employees sign off on policies prior to being hired and violation

of a policy could lead to termination.

The case, “Ethics, Moral Dilemmas, and Tough Decisions: The Many Challenges of Working in

IT”, discusses several IT issues, some of which appear to have needed clarification from the

company in which the issues occurred. Installing unlicensed software, using customer lists

stolen from a competitor, and employees making anonymous posts in internet forums beneficial

to their company and detrimental to competitors are examples where clarification may have been

needed (either in the form of a new policy or by updating an existing policy). In addition to

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clarification, management has to lead by example when it comes to issues such as these that

some may view as immaterial.

It’s obvious that all of the issues discussed in the case are inappropriate, even though some may

wrongfully place a handful of the issues in the gray area (e.g., using unlicensed software, using a

stolen customer list, and making anonymous internet posts to benefit one’s company and hurt a

competitor). Competitive environments can bring out the worst in people lacking strong moral

compasses and business ethics. Loose and/or favorable interpretations of the stockholder theory,

which states that a manager’s only responsibility is to increase profits legally and without fraud,

can also bring out the worst in people. This is evident in Whole Foods Market CEO John

Mackey’s decision to post anonymously on Yahoo Finance (to benefit his company and hurt

competitors) and in an assistant chief executive officer wanting to use a stolen customer list. In

each of these examples, each person was trying to give their business an advantage in an

unethical way. Although unethical and wrong, these are likely two examples where some may

find it easy to look the other way.

Issues such as the use of unlicensed software, anonymous detrimental internet posts, and theft of

a competitor’s private documents occur because of either a missing or insufficient company

policy or lack of leadership at the top. If a company takes the time to outline specific policies,

effectively communicates the policies, and holds people in violation of the policies accountable,

violations will be rare irrespective of whether some employees are weak in business ethics.

Accountability is an important aspect as it may be difficult for all managers to follow these

guidelines. Passing on an opportunity to view private information from a competitor or to save a

few dollars by using unlicensed software may be tempting to a manager trying to gain an

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advantage or improve his or her department’s bottom line. Accountability can help prevent the

manager from trying to save a few dollars and gain an advantage in an unethical way.

Question 2: In the first example (Bryan’s), it is apparent that he did not believe justice had been

ultimately served by the decision his company made. Should he have taken the issue to the

authorities? Or was it enough that he reported the problem through the proper channels and let

the organization handle it, as was the recommendation of Linn Hynds? Provide a rationale for

the position you are willing to take on this matter.

Bryan should have taken the issue to the authorities. He was certain the executive had

downloaded the material and that whatever the executive used as an explanation to his superiors

simply wasn’t true. In instances when IT personnel identify criminal activity, such as

embezzlement, fraud, or child pornography as in Bryan’s case, they should report it within the

company first. The company should then take the issue to the authorities. If the company fails

to report the issue to the authorities as in this case (and it’s obvious that a crime occurred), the IT

person should go to the authorities. Bryan could have looked to the Association of Information

Technology Professionals’ (AITP) code of conduct, which requires local, state, provincial, and

federal laws to abide by, support, and respect.

Even though Linn Hands, a labor attorney, believes Bryan handled the situation exactly as he

should have, it does not appear that Bryan agrees. In the eyes of the law, he may have handled it

in an acceptable way. However, it does not appear that Bryan handled it in an acceptable way

according to his moral code as he is clearly guilt stricken. He stated that he still regrets not

taking what he found to the FBI. Bryan rationalized not reporting the incident to the authorities

because he feared that going above his bosses could jeopardize his job.

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If Bryan had reported the issue to the authorities and subsequently been fired, he would have

likely been able to find another job even though the job market was tough. Because this was a

big company, the media would have become aware of the situation and Bryan would have

received a lot of support. Overwhelmingly people would have approved of his decision to go to

the authorities and held fault with the company that fired him. Because of the support and media

attention, he would have easily found a comparable job. However, due to fear of backlash

against the company for firing Bryan, it’s unlikely they would have fired him. On the other

hand, those that knew about it and promoted the executive may have found themselves culpable

and subject to termination. It’s even possible that they could have faced criminal charges along

the same lines as the former Penn State University officials facing failure to report suspected

child abuse charges stemming from the Penn State University scandal (San Francisco Chronicle).

Question 3: In the case, Gary chose not to stop his boss from installing unlicensed software,

although he refused to do it himself. If installing unlicensed software is wrong, is there any

difference between refusing to do it versus not stopping somebody else? Do you buy his

argument that it was not really going to hurt anybody? Why or why not?

Answer 3: There is a difference between refusing to install unlicensed software and not stopping

somebody else from doing so. Gary can’t be expected to turn his boss in for downloading

unlicensed software. Even though illegal, it’s unlikely that many people would report this to

company officials. If Gary’s boss is doing it, it’s likely that others within the company are doing

it and that they have a weak policy on the matter, if they have one at all. Even if Gary were to

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report it anonymously via a hotline or other method, his boss would likely suspect him as the one

who reported him. This incident should be looked at differently than the one outlined in the

previous question. Even though both incidents are illegal, there’s a difference in seriousness and

classification. This is not to say that downloading unlicensed software is petty. In fact, selling

and using counterfeit software is taken very seriously as can be seen in this video showing a

police sting related to pirated software Gary rationalized acceptance of his boss’ illegal software

download by telling himself that no one would be hurt by it. Unfortunately for Gary, he’s wrong

in this assessment. Although his conscience his clear, the company could be negatively affected

if somehow the authorities became aware of the situation, which could hurt employees of the

company (e.g., action could be taken against the company resulting in fines or even job losses).

Even if the authorities didn’t find out, it’s possible that his boss could be hurt if the company had

a clear policy against downloading unlicensed software and was fired because of it (assuming

they somehow found out he did it). Outside of the company downloading the illegal software,

the company who initially developed the software is hurt. Obviously their sales are reduced each

time someone downloads their product without purchasing a license. This affects their profits

and, as a result, their ability to invest in their business (which includes hiring additional

workers).

Gary handled this situation the way a lot of other people would have handled it, by looking the

other way. Under the circumstances, if the company were to find out and take disciplinary action

against Gary’s boss, it’s unlikely that Gary would find himself also in trouble. This is because

Gary refused to download the software himself. Even though he didn’t report his boss, he

wouldn’t be blamed for that as most people understand how difficult it is to report your boss for

doing something against company policy. Situations like these can often be avoided by having

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clear policies against such actions and by having a senior management team that stresses the

importance of adhering to company policies (i.e., they walk the walk and talk the talk).

Unlicensed software usage is prevalent throughout the world with 57% of the world’s computer

users admitting to using pirated software. Since piracy is this prevalent, a company’s only

defense is a firm policy coupled with accountability.

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