NSPE Code of Ethics Case Study (MISREPRESENTATION/MISAPPROPRIATION OF ANOTHER ENGINEER’S WORK)

Facts: Engineer A, a CEO of a small engineering corporation, teams up with another small firm in the development and delivery of highway/rail intersection database management systems for various public and private enterprises. Engineer A is the co-author and the program is patented/copyrighted. Engineer B in a private firm from State X calls Engineer A and informs Engineer A that State X’s Department of Transportation (XDOT) is interested in the highway/rail system and has asked Engineer B to evaluate the system. Engineer B requests and Engineer A agrees to visit with Engineer B in State X. Prior to the visit, Engineer B requests that Engineer A prepare a project proposal which Engineer A submits. Later, at Engineer B’s request, Engineer A visits Engineer B’s offices and demonstrates the systems. Project managers, as well as programmers, from Engineer B’s firm are present at the meeting. Engineer A describes in great detail the technical aspects of the system. Following the meeting, Engineer B requests that Engineer A prepare a new proposal with a detailed breakdown of all costs. Following the passage of time, Engineer A receives a phone call from a subordinate of Engineer B advising that Engineer B will not need Engineer A’s firm’s services because Engineer B’s firm now has the capability to design their own system. Question: Was it ethical for Engineer B to obtain Engineer A’s technology in the manner herein described?