Tag Archives: Enforce

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 Get Comfortable Delegating to Staff? Eight Points

Situation: A CEO senses that employees don’t have his sense of urgency regarding the business. A case in point is responding quickly to new customer inquiries in a competitive market. Too often, he takes over to assure that bids are submitted quickly. How do you get comfortable delegating to staff?

Advice from the CEOs:

  • Prepare for a meeting with staff by defining the key desired standards in advance.
  • Initiate the meeting with this message: “We have a company image. This is how we define it.” Work with staff to create standards that define this image.
  • Agree on standards with the team.
    • Discuss standards with the team but have them make the decision. Guide the conversation – through questions – to focus on the desired standards. Be open to using the language developed by staff to enhance ownership.
  • Examples of standards that may apply:
    • Response time to incoming calls, maximum number of rings before response.
    • Time to return telephone messages.
    • Time to return emails.
    • Invoices completed the day or the order, or whatever is appropriate.
  • Establish a response regimen – assure that response is professional.
    • Train all people who pick up the phone.
    • Assign rotating office days for salespeople with responsibility to answer the phones.
  • Emphasize the importance of speedy response with an explanation that everyone will understand.
    • When a customer calls, assume that they are also calling 2-3 other suppliers. The first responder can shape the conversation in favor of their company and offering – for example the company can offer both a solution plus design and logistics assistance.
    • As first responded, assure that the focus is on the company’s strengths – this puts the competition at an immediate disadvantage.
  • Enforce and maintain the standards
    • Once standards are set, make review and updates of performance against standards part of weekly sales meetings. Use large charts to track this.
    • Create friendly internal competition. Who got the most business last week? Who did the best with incoming calls? Have the team develop competitive goals.
    • Recognize top performers with $50 – $100 cash award, restaurant certificate, etc. Make it fun!
  • If “everyone” is supposed to pick up the phone this becomes “nobody” because nobody is responsible for picking up the phone!

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How Do You Manage Internet Use by Employees? Six Suggestions

Situation: A CEO notes that the company’s employees surf the Internet during work – some excessively so. The CEO has visited other companies and noted very different behavior around surfing. Does your company monitor or manage employee Internet use? How do you manage Internet use by employees?

Advice from the CEOs:

  • The first question to ask is whether your company culture allows or does not allow surfing during work.
    • Do you want it to or not?
    • Based on your desires for the company’s culture, set a policy that works for you.
    • If you want to more tightly control surfing, look at Surf Control software which allows you to create surfing rules, and allocate time allowed to surf.
  • Create and communicate your policy. It’s OK to let employees know that you’re not comfortable with what you’ve observed and that it’s time to set boundaries.
  • Act quickly, keep the message positive – for now – but make clear the consequences of inappropriate behavior in the future.
  • Don’t create double standards. Furthermore, a free-for-all atmosphere is corrosive.
  • Once you set your policy, if it is necessary to deal with a chronic and unresponsive offender, let everyone know what action you’ve taken and why.
  • Different companies around the table have created varying policies consistent with their cultures.
    • Company 1: Surfing during breaks and lunch is OK, as long as sites are appropriate.
    • Company 2: Surfing is OK – on your time and with our equipment – as long as you ask.
    • Company 3: As long as you are productive, we don’t monitor your surfing. Caveat: it is important to define and measure what is meant by “productive.”

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