Image Source: http://burchwords.com/wp-content/uploads/2007/05/avg_antivirus_system_logo.jpg

Updates to this blog entry appear at the bottom, the most recent in bold red letters.

Amidst all the wonderful stuff coming out of TCEA 2009, one POTENTIAL copyright violation detected by TCEA member, Seth Anderson:

This is my second TCEA convention. I must say that have been impressed with the knowledge and passion of the teachers. One of the things I have heard stressed both this year and last is how we need to not only teach students not to download and use illegal software and data, we must model it as well. Imagine my surprise when I go to self register my first day here. I find AVG Free installed as the anti-virus solution. I checked out the email computers and they have the same illegal software. I check out the license agreement and it is only for non-business, in-home use. I would think that an organization like TCEA would want to set the standard of professional use, not practice the very thing we are trying to discourage in the students.

I am just curious, what do you think about this?

Are you a “Who cares?”

Did you not know this? Is it OK?

When you consider the magnitude of the license violation–if one occurred–it’s incredible. The questions that I want to ask as a result of Seth’s initial entry are:

• Who is responsible for licensing AVG AntiVirus, TCEA or EarthWalk?
• Who would be held accountable for NOT licensing AVG AntiVirus properly, if indeed, copyright was broken? Would TCEA or EarthWalk?
• Would TCEA be held accountable for providing the venue for EarthWalk machines with copyright violation?
• Would TCEA continue to do business with a company that violated copyright? If yes, what message does this send? If not, how will TCEA provide for future conferences? (we’re long past the days where members brought school machines from surrounding school labs)
• Does AVG’s license extend to non-profit organizations? Who did the machines really belong to, EarthWalk or TCEA?

In response to his initial blog entry, and intrigued by the never-ending search for free, open source antivirus software, I wrote this quick response:

Howdy, I noticed the same thing (about AVG installation). It’s a good question to ask. We’re not really sure if EarthWalk (the company who provided computers) or TCEA is at-fault. And, there’s no reason to jump to conclusions…AVG MAY be licensed for use at the TCEA State Conference.

As to ClamWIN vs AVG, ClamWin has to be manually run to scan your hard drive. As I recall, it doesn’t actively check for viruses like AVG does. If I’m wrong about that, I hope someone will set me straight.

Other remarks, including a follow-up from Seth that appears right on the money:

• As a non-profit organization, not a business, wouldn’t TCEA fall within the license agreement? (Heather Voran)
• Thanks for the comment. The answer to your question is no. AVG does provide discounts to education and non-profits. They are required to pay just like everyone else, they just don’t have to pay as much. (Seth Anderson)
• Thanks for the comment and the twitter reference. I would have agreed with you about jumping to conclusions, but when I pointed this out to a TCEA board member, I was given the standard answer of “I will have to look into that,” in the best blow-off fashion I have ever encountered. Sorry to have left that out of my origional post. (Seth Anderson)

While I can understand being put aside by a Board member–after all, what IS a TCEA Board member going to know about what the basic hard drive image was for the Conference off the top of their head, unless they oversaw that…a detail I suspect was left to the TechCrew, but that’s speculation–Seth makes a point that TCEA can’t ignore.

While I want to accept Seth’s assertion that this is a copyright violation, it seems ridiculous that EarthWalk and/or TCEA would use improperly licensed software on so MANY computers at the conference.

If this was a software copyright violation will it matter now that the conference has been torn down, EarthWalk computers (which reports on its web site that it provided computers for TCEA 2009) stored away?

Note to Readers: I called Cy Ditmore, Customer Account Executive and asked a few questions. I’m going to email him a link to this blog entry and encourage him to respond in writing via the Comments.

Update 02/06/2009;5:33 PM: Cy Ditmore (EarthWalk) just called me back and shared that EarthWalk just provides the hardware, NOT the software. The software was loaded by TCEA.

Update 02/06/2009; 5:47 PM: Cy Ditmore called back to clarify after reading this blog entry. So, the response to the questions I asked previously are now as follows:

• Who is responsible for licensing AVG AntiVirus, TCEA or EarthWalk?
  RESPONSE: TCEA. They provided all the licensing agreements to EarthWalk (2.5 pages according to Cy Ditmore in his second phone call to me at 5:47 PM).
• Who would be held accountable for NOT licensing AVG AntiVirus properly, if indeed, copyright was broken? Would TCEA or EarthWalk?
  RESPONSE: TCEA, possibly EarthWalk if AVG AntiVirus doesn’t appear on the 2.5 page list of licensed software. Cy Ditmore said he would check.

Note: I’m going to email Candace Threadgill, VP-Conventions, for the 2009 Conference and ask for her insights…although I’m sure she’s probably glad the convention was successful and over except for this issue. Here’s the email I sent Candace:

First, congratulations on surviving TCEA 2009! I personally enjoyed the Conference, as did the team members I had present. The Bloggers’ Garage will be improved, no doubt, for 2010 based on feedback from 2009.

Second, TCEA Member Seth Anderson brought up a question about the copyright of AVG Antivirus software loaded on all the EarthWalk machines. It was a good question and I didn’t think it was that big a deal but he made some excellent points. So, I decided to explore it further. Here’s what I found out:
http://www.mguhlin.org/2009/02/tcea2009-avg-antivirus-license.html

The question for TCEA is, Did TCEA pay for a license to use AVG AntiVirus Free version intended for personal, home use–as opposed to commercial and/or organizational use–on all the computers provided by EarthWalk? EarthWalk’s Cy Ditmore says they received a 2.5 page list of licensed software but AVG Free version is specifically for home/personal use. If AVG was going to license their software, wouldn’t they have licensed something else?

It would be best to have a definitive response on this and settle the original question that Seth implied…essentially, why isn’t TCEA adhering to copyright in using AVG Antivirus (Free version)? post the response here:
http://tcea2009.ning.com/profiles/blogs/confused-or-calloused

Does anyone think this is making a mountain out of a molehill? Or, should TCEA members be double-checking what their organization does? The best scenario is that TCEA DID license the AVG Software and releases that list for public consumption. That way, everything is transparent and out in the open.

If we play worst scenario, what consequences would there be for TCEA? Would AVG AntiVirus even care their software was used for a week or so by a non-profit organization serving cash-strapped educators?

UPDATE 02/09/2009:

Please note that according to our AVG Free License Policy and License Agreement, the following are strictly prohibited:
– Professional or commercial use (including non-profit organizations)
– Installation and use on more than one computer per user (single user)
– Installation and use in network environments

Update 02/10/2009: Response from TCEA President, Kari Rhame –

After taking a little time to recuperate and unpack, Lee Sleeper, Candace Threadgill, and Joan Gore were able to confirm the following:

TCEA adheres to all licensing agreements, using 30-day trial versions and free versions whenever possible. When commercial software licenses are required, TCEA personnel negotiate with the respective companies to use the software for the convention computers with the understanding that all software will be removed from the computers through re-imaging of the computers at the factory.

In reference to the licensing of AVG Anti-Virus, a 30-day trial use of the software is allowable “with no obligation”. Therefore the 30-day trial version was installed on the convention computers. All convention computers are being reimaged to factory settings by Earthwalk.

I confirmed Kari’s assertions with AVG AntiVirus regarding their 30-day trial.

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Everything posted on Miguel Guhlin’s blogs/wikis are his personal opinion and do not necessarily represent the views of his employer(s) or its clients. Read Full Disclosure