ners’ assessment of her team’s performance on these audits has prompted her to consider using the Q-Analytics software downloaded from the Internet site. She believes that her team could quickly become proficient with the software and complete the two audits under budget. Debbie approaches her team and provides the link to the Q-Analytics software for each auditor to load onto their computers. Given that this is not standard protocol for software installation, several team members are concerned about installing the software. However, Debbie assures them that she is conducting a study to evaluate the efficiencies gained by using the software, to find support for purchasing licenses. She reminds them that poor year-end performance evaluations could affect raises and promotions. The following individuals and society may be affected by Debbie’s decision. Appendix D: INSTRUCTIONAL CASE Q-Analytics: An Ethics Case on Unlicensed Software I n the midst of a busy audit season for Davis, Upton, Crow, and Kerry, LLP, a local accounting firm, Debbie Sabine finds herself trying to increase the efficiency of her audit team’s detailed testing procedures to help manage the audit within the established budget. As Debbie has recently moved from a Big-4 accounting firm, where she was a senior auditor, to the role of audit manager at a much smaller firm, the partners of the firm have high expectations for her. Considering ways to reduce the number of hours required for testing, Debbie recalls the efficiency benefits of performing computer assisted audit techniques (CAAT’s) with a generalized audit software package, Audit Query Language (AQL), at her prior firm. Debbie was thoroughly experienced with AQL, and believes that, if she could get the firm to purchase the software, the time to conduct detailed audit testing procedures could be reduced by 20%, resulting in reduced expenses, increased profitability and improved audit quality through additional testing. She can see, however, that the partners at her new firm are not interested, as a result of limited computer skills of their staff and their own lack of direct knowledge of the software’s benefits. Debbie has not been able to convince them to purchase the AQL software until she can clearly justify the expense with additional revenues. While researching and analyzing the costs and benefits of generalized audit software packages to present to the firm partners, Debbie found a website with an unprotected copy of Q-Analytics, a recent commercial entrant to the generalized audit software market. It is very similar to, and perhaps better than, the application at her prior firm. With growing concerns of exceeding the budgets for two of the audits she is managing, Debbie finds herself in a dilemma concerning whether to download the software and provide it to her staff with a quick training overview to reduce the time required to complete audit testing. During her first two audits, Debbie experienced client issues resulting in more hours to complete the audit than originally budgeted. Her concerns about the part- Sean Robin, Developer and Programmer of QAnalytics Two years ago, Sean Robin resigned from an audit position at a Big-4 accounting firm to develop a software application to perform routine audit procedures of transactional data maintained in databases. Sean’s vision was to increase the effectiveness of audit testing by allowing rapid testing of 100% of transactions. As a result, Sean forwent $90,000 worth of salary and incurred $100,000 of expenses in the planning and development of the software. Q-Analytics was copyrighted and is marketed by Business Tools, Inc., for $3,000 per individual license, with discounts based on the number of licenses. The licensing revenues cover royalties to Sean for each copy (30%), plus Business Tools, Inc.’s production and marketing costs and profit. To date, the software has generated total revenue of nearly $150,000. A recently published professional journal survey has indicated that, on average, the software reduced the time required for detailed testing by 15% during initial implementation, thus creating high expectations for future sales. A friend has asked Sean about the software distributor’s security policies, including techniques such as hardware keys, raising additional concerns for Sean. 14 ence the upcoming annual review and promotion process. As a result, the members of Debbie’s team are anxious to demonstrate their abilities and value to the firm to strengthen performance reviews—and their case for a raise and promotion. However, to a certain extent, senior members view Debbie as an outsider who may have reduced their potential for promotion by coming in as a manager, and carry some animosity toward her. The firm requires staff members to have completed the CPA exam before being eligible for promotion to senior-level auditor. As a result of recent completion of college coursework and preparation for the CPA exam, both seniors and staff members are keenly aware of the ethical requirements associated with the CPA designation. However, seniors and staff members are not aware of the specific penalties associated with failure to meet such ethical standards of the firm or the profession. In addition, as most of the seniors and staff members completed their education within the past 5 years, most have firsthand experience related to copying music and software for personal use. Laura Horton, Director of Sales, Accounting Applications at Business Tools, Inc. Laura is Director of Sales for the small software distribution company that publishes QAnalytics; the company has annual revenue of $50M and specializes in accounting, finance, and economic modeling software applications. Customers purchasing fewer than ten copies of the software are provided a hardware key which must be inserted in the computer’s USB port while the application is in use. To reduce costs associated with lower license fees for larger licensees, customers purchasing more than ten licenses receive a modified version of the software which does not require a hardware key but only a password and web registration. Laura has recently become concerned that hackers or pirates may circulate unprotected copies. Debbie Sabine, Audit Manager, Davis, Upton, Crow, and Kerry, LLP Despite frequently working more than 70 hours a week for much of the past three years as an auditor for a Big-4 CPA firm, Debbie fulfilled testing and experience requirements to become a CPA. While at that firm, Debbie continuously focused on processes within her audits to more efficiently perform assigned tasks. Despite her exceptional work ethic and the process improvements she brought to the firm, Debbie was recently passed over for an expected promotion to Audit Manager. Tired and dejected after years of poor work/life balance, Debbie decided it was in her best interest to accept a manager position at a local firm at which a former colleague indicated work/life balance was a priority. Given her experience and ability to identify efficiency opportunities, the firm partners expect great things from Debbie and foresee her fasttrack promotion to partner. Knowing their high expectations, Debbie first attempts to identify quick changes that could be made to firm procedures. She attempts to evaluate the potential benefits of the modifications, given the ability of firm employees by testing them within the audit engagements she manages. Mike Davis, Managing Partner, Davis, Upton, Crow, and Kerry, LLP Mike is the managing partner of the auditing firm. Although the firm is relatively young, Mike and the other partners hope to continue the firm’s growth and profitability by providing high quality tax, auditing and other accounting services to businesses throughout the state. In addition to emphasizing hard work, Mike stresses the need for employee work/life balance. As a result, he expects management to effectively manage audit engagements within 10% of the planned and budgeted employee hours and expenses. These considerations figure prominently in the evaluation of equity offerings into the partnership. Recent news of local audit failures and questionable practices at national firms has increased Mike’s concern over audit practices and quality. As a result, Debbie and the partners are extremely hesitant to reduce the scope and extent of testing of any audits to increase efficiency. Thus, Debbie faces limited options to increase her team’s efficiency and bring the projects she is managing within budget tolerances. Debbie’s Audit Team Debbie’s audit team consists of both experienced seniors and staff members. Both groups are aware that their performance will likely influ- 15 overpriced and that if software companies establish more reasonable pricing models they may reduce the number of instances of software piracy. Society As software is continually developed and enhanced to meet the specific needs of individuals, professions, organizations, and businesses, it provides many benefits to society. These may take the form of efficiencies, transportability, and accuracy. As a result, software developers, vendors, and purchasers may affect society through the development, marketing, and use of applications and tools that can improve productivity, job satisfaction, and standard of living. If software piracy provides benefits to unlicensed users, these do not come without costs to society. Thus, society has developed standards, such as professional codes of conduct and antipiracy legislation, to discourage the practice. Some members of society believe, however, that software should be a public good and that programmers should be committed to encouraging each other to evaluate, improve, and redistribute software freely for all to benefit. Within such an environment, the source code of programs would need to be provided so that any user could add bug fixes and enhanced features. Some have described this as the “hacker mentality.” Some believe that software piracy laws are unfair and create a burden to society. One consideration of such a belief is that programmers invest time in enhancing software and should be compensated or reimbursed for their opportunity cost. A possible compromise is that software would not be distributed free of charge until after the programmer had been compensated for their time and expenses. While other members of society are not opposed to paying a fee for the use of software, they believe that some of the software on the market is Instructions The class will be divided into six groups, each assigned to represent one of the six roles in the case: • Sean Robin, Developer and Programmer of Q-Analytics • Laura Horton, Director of Sales, Accounting Applications at Business Tools, Inc. • Debbie Sabine, Audit Manager –Davis, Upton, Crow, and Kerry, LLP • Debbie’s Audit Team • Mike Davis, Managing Partner of Davis, Upton, Crow, and Kerry, LLP • Society For the role assigned to your group, please perform the following and be prepared to discuss your deliberations and conclusions: 1. Summarize briefly the facts related to software piracy from the perspective of your assigned role. 2. Identify the ethical and legal issues involved. 3. Identify the potential courses of action. 4. Consider the pros and cons of the potential actions. If you consider an action to be legal but not ethical (or vice versa), state the basis of your reasoning. 5. Indicate and justify which course of action the group would select. (Was there a consensus, or some disagreement?) 16