I installed a certain commercial, commonly used software product that allows a client PC to connect to other PC's that have the vendor's software installed on them
The vendor's website clearly states that no software is installed on the client PC that is used to connect to other PC's However, that is not true, the process of connecting PC A to PC B does actually install some software on the client PC. Unfortunately, I relied upon the vendors product representation on their website, and I was not aware the the use of the product had installed any software on my work PC
I was fired by my employer because I used my work PC as the client PC and my employer did a compliance scan and found the vendor's unauthorized software installed on my PC
Do I have a claim against the software vendor?
Thanks
moburkes
10-15-2007, 09:42 PM
I installed a certain commercial, commonly used software product that allows a client PC to connect to other PC's that have the vendor's software installed on them
The vendor's website clearly states that no software is installed on the client PC that is used to connect to other PC's However, that is not true, the process of connecting PC A to PC B does actually install some software on the client PC. Unfortunately, I relied upon the vendors product representation on their website, and I was not aware the the use of the product had installed any software on my work PC
I was fired by my employer because I used my work PC as the client PC and my employer did a compliance scan and found the vendor's unauthorized software installed on my PC
Do I have a claim against the software vendor?
Thanks
How did you think it worked, if not by installing the software on the computer? But, no, you have no case.
service07
10-16-2007, 04:33 AM
I thought the product worked as described by the vendor's website...that making a connection to another PC is like connecting to a website...no software required.
moburkes
10-16-2007, 05:23 AM
I thought the product worked as described by the vendor's website...that making a connection to another PC is like connecting to a website...no software required.
While I understand what you're saying, as you're INSTALLING the software, did you choose "SAVE" or did you choose "RUN"? If the software worked without accessing the internet, then it was running from a program on your computer.
demartian
10-16-2007, 05:51 AM
Actually, your issue has absolutely nothing to do with the fact that any software was installed on the PC.
Did you knowingly choose to use the remote control software?
Did you know that it is used to bypass corporate firewalls and computer policy?
Even if no software was installed, there are ways to detect that you have used the service and gone around corporate policy which is most likely the reason you were fired. Your company could have an IDS or a URL filter or even just check for cookies. All of these will prove that you've used a service even when no software exists.
Before anyone jumps back that the company should block the usage first, there are at least (2) particular remote control website-style programs that can not be blocked without making a substantial investment in corporate infrastructure but are very easy to detect the use of.
moburkes
10-16-2007, 05:56 AM
I agree that this is the employees fault. I know next to nothing about computers and would have realized that there was software stored on the computer.
service07
10-16-2007, 09:16 PM
The product installs an active X control, which I thought was a brower helper and not installed on the PC. But I agree with the comment that the main issue is whether the employee realizes the PC connectivity product may not be allowed under his or her corporate policy. I am aware of several products that truly do not require any software or active X to be installed...nothing.
Today in my city there was a large newspaper add from a major vendor that sells PC connection software...the add was trumpeting the benefits for employees to be able to connect to their work PC's from remote locations. Further, when you go to the vendors website, you find representations that no software is installed on the client PC, the product is very safe and secure for corporate networks, it does not open any ports, etc. An average employee could easily sign up for a trial and not realize that is a violation of company policy
In my case, the written computer use policy was in fact silent of the use of PC connectivity products that do not install any software. The only specific prohibition in my company's written policy was the installation of non company approved software. I suspect that many corporate computer use policies are silent on the issue of PC connectivity products( that don't install software on the work PC)
A a business person, I think this creates a difficult environment for both the employer and the vendor of the software. In the end, if I was the decision maker, I would not let corporate IT or HR blow smoke up my butt and tell me I had to fire someone for making this mistake. A warning, yes. To fire someone for this when the written computer use policy is not clear seems like a bad business/policy decision to me. Of course, I am somewhat biased:)
I think an ounce of prevention is worth a pound of cure. If the IT folks are so lathered up about these products, then one solution would be to simply block access to the websites they are accessed from. Duh.
Also, the issue of consistency of policy is going to arise. If 5.000 employees see adds encouraging them to try this product, and 50 employees try the product, and corporate IT discovers it, are you going to fire 50 employees? And if you don't, do you have legal exposure for not being consistent?
Finally, I would think the vendors are going to get sued over these issues as well. Whether the cases will have any legal merit, I do not know. But I suspect there will be some litigation, because several vendors are representing to their customers that there are no issues for corporate use, without any cautions about checking corporate policy.
Just one mans opinion.
demartian
10-16-2007, 09:33 PM
ActiveX is a plug-in and technically not software.
There is no way to block several of the major free remote control website based products on the market without spending a lot on infrastructure and a full-time person to administer it which could be in the millions and still may not actually block the software. I can go into the technical parts if you like, but it would take about 20 very long posts worth of data to explain.
Most policies state that you can not bypass the firewall or use remote control software that is not authorized by the company. Even if your company forgot to add this to their policy, it really does not matter. I am sure that they have a catch-all statement that your PC should be used for business purposes only. They can fire you even if they have no policy at all.
Most companies wouldn't fire someone who made such a mistake unless there were other reasons in thier employement history or the use of the product was for some mal-intent.
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