Ethics... and the lack of it.
bobs at twft.com
Tue Dec 8 12:56:21 EST 2009
Pardon me, I wasn't quite clear about what I meant by "in their employ". By that I mean that you are on the payroll, not a contract laborer. We had someone who worked for our radio station once delete 5 years of work he had done for us while on our payroll. Since he was producing a radio program for us he decided the work belonged to him, not us. However, we were the only radio station broadcasting that program. I believe he could have been prosecuted for that. We didn't pursue it however.
On Nov 30, 2009, at 8:26 PM, Bruce Robertson wrote:
> This is nowhere near as clearcut as you claim.
> If you hire somebody as a direct employee, your answer is correct.
> If you pay an outside developer to develop the software, even though it may be to your design spec, the software IP is the property of the developer unless explicitly declared otherwise in the written contract.
> IANAL and further explanation is required but this is the general concept, as repeated in many many such discussions.
> On Nov 30, 2009, at 8:07 PM, Bob Sneidar wrote:
>> My opinion (and the opinion of most courts) is that software you produce for someone while in their employ is their property. However, if you produce software and then market it openly, it is your property, and subject to all copyright laws that apply.
>> I suppose the question comes down to that. Did you write the software under contract? If so, then I think it is their property and they can do whatever they want with it. But if you wrote it independently, and then marketed it to them then it is yours and any company that tried to replicate your work could be in danger of copyright infringement.
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