An interesting predicament
I’m in a bit of an interesting predicament and am wondering what my legal obligations are. A little background:
Several months ago, an e-commerce site that I purchased from had its database compromised and my wife’s company card was used for a fraudulent purchase which was fulfilled through digitalriver.com. The site was very quick with communication and all charges were reversed. We’ve suffered no financial burden whatsoever. What we did get was a CD in the mail fulfilling the “purchase” from digitalriver.com.
As of yet, I have not opened the media. However, it’s nagging at me somewhat. It turns out that this is a piece of software I would like to use. I am just not sure whether I am legally allowed to use the media that was sent to me. The reason for this uncertainty is due to the vendor of this software having already received proceeds for the fraudulent “sale”. Do they need to be paid again?
Does anyone in the blogsphere have thoughts or advice on this? I’m just not sure what I can do with this.
I think it is just a question of ethics. When similar events have happen to me, I just call the company/person and ask them what they would like me to do. Most of the time, after explaining the issue, a manager tells me to just keep it.
But then I don’t ever “feel” like I am “getting away with something”.
I apply the same thing if someone give me too much change or otherwise shorts themselves.
There is something to be said about “karma” and just always doing what feels right.
Matt,
I agree with Scott regarding ethics.
For me this would be a simple decision; regardless of the particular circumstances, you’ve received a product that you have not paid for.
I think in today’s society many people believe it doesn’t hurt anyone, there isn’t any harm in just keeping it and it was their mistake anyway.
But honesty should be a part of our character and integrity is something that we should all take pride in.
I believe in an honest days work for an honest days wage and that we shouldn’t expect something for nothing.
Many years ago, I was with a colleague in Chicago at a Micro Center (electronics store) and after paying, while walking out of the store I looked at the receipt and pondered how the total could have been as low as it was. I was expecting it to be about ~$500.00 and it came out to about ~#380.00.
When I glanced down the items, I realized that they had missed a router that I was purchasing. Out of habit, I immediately turned back, approached the cashier and let him know of the simple error and offered to step back in line to ensure I paid fully for the items that I had received.
I remember the surprised look on his face, and he offered to remedy it immediately after the current customer was finished.
I don’t expect or think that someone should get a “that ‘a boy” or a “good job”, but simply personally I want to know that I am always honest in my dealings with my fellow man.
Sorry for the long winded response!
Besides, you never said what the software was. A leaked, full release of Adobe CS4? Then maybe we re-think the whole ethics idea. ;-)
Let me update this:
I agree with both of your thoughts regarding ethics, and it was never really a question of that. Of course, I’m not looking to get something for nothing.
The software in question was backup software, but as it turns out, I have a good system in place with Amazon S3 and so therefore, the CD and mailer went through my shredder.
Looking back on it, this should have been done much sooner. However, if it was software that I was really intent on using, a call to the vendor explaining the situation and offering to pay would be exactly what I would do.
