Tag Archives: Ethics

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 Obtain Competitive Intelligence Ethically? Six Points

Situation: A CEO is concerned that many of the ways that her company might gain competitive intelligence could compromise the ethics and values that she has worked to instill in the company. What legal and ethical methods have others used to gain competitive intelligence? How do you obtain competitive intelligence ethically?

Advice from the CEOs:

  • It’s critical not to use methods that compromise the company’s legal position. Using spies or spy devices fit into the category of both illegal and unwise methods to obtain intelligence.
  • Do not misrepresent the company, or have employees misrepresent themselves to competitors in order to obtain competitive information.
  • Do not talk about prices directly with your competitors. This compromises both companies legally.
  • Here’s a test: If an action is being considered to gain competitive intelligence, would the company be willing to put up a banner in the office for all employees to see, telling them about this? If not, don’t do it. If questionable activities are employed, it’s likely that they will find out no matter what is done to hide these activities.
  • Here are primary sources for gathering competitive intelligence ethically:
    • Customers;
    • Competitors’ customer service and engineering departments, possibly through 3rd parties;
    • Editors of trade journals;
    • Former employees of competitors;
    • Trade Associations; and
    • Trade shows and conferences.
  • In addition, these are good secondary sources:
    • Google and other search engines – whatever appears through these is publicly available;
    • D&B Hoovers;
    • Web sites;
    • Reverse engineering – without using information obtained unethically;
    • 10Ks and Annual Reports available on the SEC web site.

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Where Do You Focus to Build a Strong Company? Four Considerations

Situation: A company has just hired a new CEO. Historically the company has focused on high quality and good customer service but has lacked good financial management and has experienced financial difficulties. As a result, they could not support their staffing needs. Where do you focus to build a strong company?

Advice from the CEOs:

  • Critical areas where the CEO should focus:
    • Quality – assuring that the company continues to produce high quality products.
    • Customer service – assuring that the company continues to offer excellent customer service.
    • Quality and customer service must remain one and two, though they can be in either order.
    • Financial soundness; but not so focused on the bottom line that either quality or service suffer.
  • How do you achieve or maintain focus on these areas?
    • High quality and good customer service are already well established.
    • What has been lacking is sound financial management. Evaluate whether the right people are in place, and what financial and financial record systems are in use. If expertise is needed, bring in an expert to evaluate both personnel and systems and recommended changes that need to be made.
  • What other important factors should be the CEO’s focus?
    • Ethics – particularly when evaluating the company’s financial system, assure that both people and systems support a strong and reliable department. This may result in some hard decisions that are necessary to turn the situation around. If this is the case, be determined but fair.
    • Sustainable business practices – assure that any new practices that are instituted are sustainable. Look at case studies of similar companies that have turned themselves around.
    • Fun – an enjoyable workplace as far fewer issues than one that is difficult. It is important to build strong teams, and to give them the autonomy necessary to do their jobs well without overly taxing team members.
  • Build a company that has a good balance between the first 3 critical factors. When new hires are necessary look for people with an established track record and business background who also have strong ethics.

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When Do Marketing Partnerships Make Sense? Four Considerations

Situation: A company has an opportunity to form a marketing partnership with another firm. The primary potential benefit to the company from this partnership is gaining access to new customers. On the other hand, partnerships may bring complications. What is your experience with marketing partnerships, both positive and negative?

Advice from the CEOs:

  • Marketing partnerships can certainly work, provided that both parties see benefit to the relationship, and both are committed to make it work.
  • Be sure to clearly define boundaries with the partner.
    • If either company can perform a particular service, whose customers are who’s?
    • Is there alignment throughout the partner’s organization regarding the partnership? Or are their conflicting priorities within different branches of that organization? Test the waters ahead of time and assess how these will potentially impact the partnership.
  • There are potential pitfalls:
    • What is the in-house/outsource attitude of the partner? If there are strong voices for in-house production or service provision, these will not be supportive of the partnership.
    • Watch the quality of the partnership over time.
      • Successful partnerships are based as much on friendly cordial relations as on business priorities. Are your business cultures and ethics compatible?
      • Who is the champion for the partnership on the other side? What will happen if the champion leaves? Is there a back up champion?
  • Build an exit strategy into the partnership that will allow you to leave gracefully and mitigate financial or good will consequences if the partnership sours.

Key Words: Marketing, Partnership, Customer, Access, Pros, Cons, Benefit, Commitment, Support, Boundaries, Priorities, Pitfall, Quality, Relations, Culture, Ethics, Champion, Exit

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