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chi paga?

  • Thread starter Thread starter sciolingelao
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sciolingelao

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An engineer works as an employee for a company.
the engineer uses a sw illegally because without the regular license needed.
his company provided, before hiring the engineer, to install on his pc the sw in question.
the engineer uses it and even attaches to a technical report some images exported from the sw.
At one point, the engineer is "screw" (e.g. after a gf control).
who is punished? and in what way?
 
I think it ends up inside the owner of the pc on which the illegal sw turns (you did not specify if it belongs to the employer rather than to the employee).

:
 
Yes.
but forget that the engineer has benefited from illegal use (since he has included in his report of data exported by the sw)
How do we put it?
 
In fact, the bat is complex, and only a good civilianist could spread it.

I will be wrong, but the crime in question is the detention of abusive software, not its use.

If I steal a hummer and then I entrust it to my wife who uses it to shop at the discount, they slam me in jail for theft of the hoop, not it.

:
 
sciolingelao said:
An engineer works as an employee for a company.
the engineer uses a sw illegally because without the regular license needed.
his company provided, before hiring the engineer, to install on his pc the sw in question.
the engineer uses it and even attaches to a technical report some images exported from the sw.
At one point, the engineer is "screw" (e.g. after a gf control).
who is punished? and in what way?
Click to expand...
but the relationship this ing. Did you do it for a personal job or the company?


in every casp for the soft pirate the responsibility should be of the company, if then the in question used corporate tools to do their own business is another account again.
 
the engineer is hired,no p.iva no free professional.the technical relationship is drafted for the company.the engineer does not take any advantage "private" from the use of the sw.c' is, however, one thing to think of: any engineer stamps a relationship assumes responsibility, guaranteeing the goodness of the results to which it comes.what does this mean? I think the engineer makes himself guilty as he does his results illegally.but the company's administrator is a quarry with the payment of the penalty, but the one who pays more than all is the engineer as he did not denounce the anomaly (the presence on the can pc of the pirate sw), and also used it to extract useful data to his work.
 
sciolingelao said:
the engineer is hired,no p.iva no free professional.the technical relationship is drafted for the company.the engineer does not take any advantage "private" from the use of the sw.c' is, however, one thing to think of: any engineer stamps a relationship assumes responsibility, guaranteeing the goodness of the results to which it comes.what does this mean? I think the engineer is guilty because he does his results illegally.
Click to expand...
Probably the hippo is right here. we are confusing the meaning of "engineer" as the one who has a degree in engineering, and "engineer" that is the one who carries out such profession.

if you are an employee, do not carry out the "engineering process", but the "employee death".

therefore the company responds to the illicit, even in the grotesque situation in which the employee has been installing the software.
the only problem could be if, as in 99% of cases, the company signed a card to the employee where there is written "I pledge not to install illegal software". in this case they are no longer the cards to talk because the company will argue that the software has been installed by the employee, and the latter will say that they know nothing and not have the skills to understand if a software is illegal.
in this case depends on the circumstances, the goodness of the lawyers, and what the judge will think.

but this situation is not that proposed in this thread.
sciolingelao said:
Perhaps the manager of the company gets along with the payment of the penalty, but the one who pays more than all is the engineer because he did not denounce the anomaly ( presence on the can pc of the pirate sw), and moreover he also used it to extract useful data to his job. what do you say?
Click to expand...
as above.
the "employee" does not sell results, but time. Be careful, because this is the key concept that you often try to confuse.
the employee is never, in any case, responsible for the quality of his work, even towards the company. he is paid to spend eight hours at work carrying out the coordinated tasks. Since from its position, it is not able to influence business choices, it can not even be sanctioned by wrong coordination.
the only ones to respond, towards the law and to the company, of the result of their work are the executives, the managing directors, etc. etc.

It is therefore apparent that the engineer did not perceive useful, neither monetary, nor moral, nor image, from the use of illegal software.

p.s.
This of course does not remove the fact that if an employee does a job of m@@a take a caxxiatone, this is part of the tasks of the managers (also dependent) and managers, but the company cannot say "your job does not satisfy me, so this month I do not pay you".
 
Forgive me matteo, do you think there is some forum more suitable than this for the thread in question?
If yes, please, would you please tell me?
I had thought of inserting it under the forum "mechanical design ", but actually here we do not talk foolishly about an engineer who makes mechanical designs, do you not find?
If then I made mistakes, surely you will be kind in telling me and in advising me, pro future, what is the best thing to do.
I thank all those who so far have had the kindness to discuss my subject.
 
...without considering that some threads that I find very sympathetic have as argument themes of very nice jokes....
Oh, my God, I didn't take this forum for a "cauldron " in which it is lawful to throw everything away, but I thought it was the "most suitable place among the many!
 
the "calderone", that is the place where to put everything that does not have relevance to the other forums, is certainly "off topic".
However, we take a step back, we analyze the principle of the forum. if as a new user wanted to look for the issue in question, in which forum would I go to see?
probably this, therefore in my opinion, although not being the thread related to the free profession, in the principles he finds here his natural placement.

However, this type of analysis is of relevance to the moderators, so...that it is announced. :tongue:
 
appurate that you do not refer to free profession, I would see it well in the debates off topic..

greetings
Marco:smile:
 
in fact to this noble forum lacks a "legal" section, added value that would distinguish it in the Italian technical internet.

I realize that counseling from a "moderator" lawyer would cost, but who knows, in exchange for a banner that advertised his law firm. . .

:
 
I agree (until the proposal of the banner ) with Kadlandian.
I thank Roman fulvio and, in case there was need (in case there was someone who wants to add his to the discussion ), I ask the courtesy to those who have to decide whether or not to move this thread in the "off-topic" section.
 
CADlandiano said:
I realize that counseling from a "moderator" lawyer would cost, but who knows, in exchange for a banner that advertised his law firm. . .
Click to expand...
on this forum everyone can tell the personal experience or express their opinion by taking responsibility for what is stated (with the control of moderators).
but to open a "legal office" no, absolutely not, it does not talk about it.
 
Last edited by a moderator:
While waiting for the moderators to decide the fate of this discussion, I would like to deepen something that I find very interesting, perhaps asking for the precious intervention of Roman lightning.
You write that:
as above.
the "employee" does not sell results, but time. Be careful, because this is the key concept that you often try to confuse.
the employee is never, in any case, responsible for the quality of his work, even towards the company. he is paid to spend eight hours at work carrying out the coordinated tasks. Since from its position, it is not able to influence business choices, it can not even be sanctioned by wrong coordination.
the only ones to respond, towards the law and to the company, of the result of their work are the executives, the managing directors, etc. etc.
Click to expand...
Now help me understand one thing: If an engineer, employee, non-professional, without p.iva, compiles a calculation report on behalf of the company in which he is employed and if what he has designed and verified will damage people or things (for example: design a structure, this after a month, a year, or even when it comes down ) in which way it responds the employee Locations?
 
sciolingelao said:
the engineer uses a sw illegally because without the regular license needed.
his company provided, before hiring the engineer, to install on his pc the sw in question.
Click to expand...
If it's as you say, it's the company you have to answer, you have installed the sw in question, the employee (ing or not ing) works with the material that is supplied to him.
 
sciolingelao said:
Now help me understand one thing: If an engineer, employee, non-professional, without p.iva, compiles a calculation report on behalf of the company in which he is employed and if what he has designed and verified will damage people or things (for example: design a structure, this after a month, a year, or even when it comes down ) in which way it responds the employee Locations?
Click to expand...
the employee (or not ing.) does his job, if in the context of his wrong duties there are two ways:
- No.
- Yes.

if there is dolo (will to harm things or people), dismissal in trunk without notice and denounce to the judicial authority, end.

If there's guilt, there are three possibilities:
- fine.
- suspension
- dismissal without notice

depends on the severity of the consequences.

hypotheses, if I don't close a water tap and flood the power plant and burn the shed, my "pump" is "reliable" (I didn't lock a tap well), but the consequences are huge, and then I can be fired without notice.

The contract did so and the unions signed it, so you know who to take it.

a greeting
 

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