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IANAL, but I feel obliged to point out that the company, not the employee, carries the responsibility for respecting copyright and contracts it signed. After all, the student has no way to know what those contracts are, has not legally agreed to be bound by those contracts (he has not seen them, and his employment contract does not change that), and might have been instructed by his manager to do exactly this. Essentially, this person could legally claim that CERN or one of it's employees requested he install the software, and to just download it if the normal process didn't work. If as part of your job you violate commercial agreements (this includes copyright related infractions and licence violations), the company is responsible for any and all damages and contractual consequences of these action(s). Even if there is no contract involved, for example in the course of your job function, you drop a pallet onto someone's car, the company is responsible for the damages. They can, of course, fire you as a result of this mentioning something about "lack of proper judgement", but that's the limit of what they can do. They can also not withhold wages for any period the employee was under contract, no matter how much damage he caused. There are exceptions which mostly relate to an employee signing contracts in the name of the company and criminal acts, but they don't seem to apply here (the company board must name and publish a list of people who are authorized to sign in the name of the company in a government registry. Anyone who signs an agreement with said company is responsible for comparing the signature of the contact with that list. If you fail to do this, the contract may be null and void) (also, this is assuming it was not a criminal act. But neither copyright law nor contract law falls under criminal law, so only copyright violations committed as part of your job cannot result in you losing more than your job) This employee should immediately cease all communication with CERN relating to these damages, neither admit or deny anything at all and resolve the matter with the help of a labor lawyer. Ideally, he should continue to carry out his duties as specified in his employment contract, but NOT talk about this incident, instead requesting all communication relating to this happen through registered mail. This strongly looks like CERN is trying to pull a fast one on an employee. CERN, not the employee, has to pay damages resulting from one of their employees violating a contract they signed. |
Really? I could take a job with a software company, then purposefully pirate everything in sight, and the worst that could happen is I get fired? And the company has to pay the damages?
(Be right back, applying for an NSA job.)