Polygraph exams could limit employers' losses; employers are permitted to use properly conducted polygraph tests to deter employee theft
Article Abstract:
The Employee Polygraph Protection Act of 1988 was enacted to forbid what Congress was believed to be a great deal of denial of employment based on unreliable polygraph results. The law has three main exemptions so that employers can use polygraphs to investigate incidents of theft. Employers must have a reasonable suspicion an employee was involved in the theft. Such suspicion is determined by the totality of the circumstances. Employees must be provided with a detailed statement of why they have to submit to the exam. Practical recommendations for employers conducting such exams are given.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Software on the Internet invites piracy; technological innovations, along with the recently passed No Electronic Theft Act, combat some infringement on the Internet
Article Abstract:
Legal and technological advancements lessen the risks of software piracy faced by software developers and licensors who place their products on the Internet. The No Electronic Theft Act was promoted and passed mainly to eliminate the "personal profit" requirement from the federal copyright statute. Thumbprinting is a technological advancement which can combat unauthorized use of Internet-accessible software, and the Business Software Alliance and Software Publishers Ass'n are dedicated to protecting software on the Internet.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Electronic theft could create vicarious liability; when workers use computers to infringe copyrights, companies often wind up having to pay
Article Abstract:
Computer equipment and linkages to the Internet make copyright violations increasingly easy to perform and difficult to prosecute so victims are turning to facilitators, including unwitting companies, with lawsuits. A company whose employees copy software useful in their work are liable under the doctrine of vicarious liability, and those that merely provide the equipment used are liable under the doctrine of contributory liability. Principal officers in some companies can also be held personally liable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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