Tag Archives: Discourage

Should You View a Competitor’s Illegally Published Code on the Internet? Four Points

Situation: A CEO recently learned that the proprietary code for both his company’s and his principal competitor’s products have been published on an international web site. He is conflicted about whether he should look at his competitor’s code, knowing that this would potentially be illegal in the US. Lawyers have offered conflicting and vague advice. Should you view a competitor’s illegally published code on the Internet?

Advice from the CEOs:

  • Consider the status of IP protection outside the United States.
    • In some countries there do not appear to be clear legal guidelines. One of these countries is likely where this situation originated. The country in question either lacks rules governing IP or the ability to enforce rules that exist.
    • The frustrating thing is that the playing field is not level between US and non-US companies. US companies are held to a high ethical standard by US law, whereas competitors in other countries that are not held to the same standard are free to review the illegal source code and learn from it as they can.
  • How complicated and expensive would it be to change the code? If this is feasible and not prohibitively expensive this may be the best option. Updated code can be provided to users through a software update.
  • Any company has to assess their own ethics as they craft a response to this situation. Make sure that the solution is consistent with the company’s ethical standards.
  • Could this have been an act of economic terrorism and/or theft?
    • If so, it is possible that the U.S. Justice Department could step in if one can make a case for national or economic security (unfair trade) based on violation of software copyright laws.
    • An action like this would, at a minimum, discourage similar future events. It could also help reduce the likelihood that competitors would try to profit from this situation at the company’s expense.

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How Do You Say “No”? Four Suggestions

Situation: A CEO has employees who frequently show up in his office with a request that he solves a problem for them. This takes up the time that he needs to solve bigger picture issues. He’s also concerned that employees should be able to solve these problems themselves. What tactics have others used to address this issue? How do you say “no”?

Advice from the CEOs:

  • Don’t say “no.”
    • Saying “no” discourages future questions and reduces communication. Instead, answer their question with a question. Help them to see the next step in the process of solving the problem themselves.
  • What questions do you ask?
    • What do you think is the best solution?
    • Have you tried X, Y, Z?
    • Encourage them to use their peers as resources.
    • Focusing on #2 and #3, may give them insight into solving #1.
    • Have you spoken to (name) about this. (Name) may be able to help.
  • Another good response – “I can’t help you right now. Why don’t you try to solve it and I’ll follow-up with you when I can.”
  • It may be difficult to learn how to say no. Instead work on helping others to understand what you know about a particular technology or issue. Just ask questions to show them how to approach the problem, and then let them work through it.
    • This will take more time than “doing it yourself” at the beginning. However, they will rapidly gain more comfort working through issues and options on their own and will also gain both confidence and competence. Long-term it will save you time.

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