Re: MIDRANGE-L Digest V3 #309 -- MIDRANGE-L

Actually, on the comment of showing someone else your code
from employer X to a prospective employer Y being unethical
and illegal.  I don't believe it's either, if done right.  I have never
done it myself, but I have studied the copyright laws quite
extensively for some code I was writing someone else on a
contractual basis (I wanted to make sure they got full legal
rights to the copyright and not me).

If you write a program for your employer, that program is, indeed,
copywritten to the company you worked for.  Now, what does it
mean that they have the copyright?  It means that no one else can
use that program without getting permission from the copyright
owner.  But, you are allowed, under US copyright laws, to use
*extracts* of copywritten material for various perposes.

There was a case law I read where a company up New York,
I believe it was, copied sections from a lot of different books and
made their own booklet out of it and sold it to students.  They were
then sued, and they won.  They were not in fringement of US copy-
right laws.  The main reason being that the sections they copied were
a small portion of the whole work.  The biggest being 20% of a book,
but was still considered an extract.

So, could I take a program I wrote for my company, copy a portion
out of it and show it to a prospective employer without being in fringement
of US copyright laws?  If it was a small enough portion, yes.  Could I
do it in clear conscious without it being considered unethical?  If it was
a small enough portion and did not give away any trade secrets, yes.

Now, understand this, I am not a Lawyer and all research I have done
has been for my own edification.  I just know what the law it self says,
and what case law has shown (case law is a significant trial that deals
with an issue for the first time, usually).

Regards,

Jim Langston

MacWheel99@aol.com on 05/18/2000 04:19:06 PM
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Subject:        Re: /400 skills test (actual coding)

>  From:    boothm@earth.Goddard.edu

>  No one else has even mentioned looking at actual code as a means of
>  evaluating a programmer.  Why not?
>
>  It interests me that no one has yet mentioned a portfolio of code as a
>  means of evaluating a programmer.  I have a selection of code that I feel
>  represents my abilities and that I feel should be of more interest than a
>  written test.

I have done this in the past, but I recognize that it is extremely unethical
if not illegal.  The source code that I wrote for employer-X is the property
of employer-X.

For me to walk off with a copy of that source code to use as reference when
applying for a job with some other employer is a form of theft.  There is no
way the old employer is going to give permission for a copy for this purpose.
 There is the risk that the new employer staff will copy some stuff, in which
the original code was based on derivative code from some licensed software
package.

I recognize that potential employers might want this information from
potential hires but would not want former employees doing it.

Why did you leave your former job, or want to leave?   ... ask prospect
Why did you part company with this employee?  ... ask former employer
Compare answers

If they have in fact left ... ask former employer ... would you seriously
consider re-hiring this person ... was the problem with their skills or with
personality conflicts

An HR person who does not know the technical topics can filter down to
candidates who are technically competent & have reputations for honesty &
integrity, based on such checking of references & former employers, to filter
out who the technical people should do the technical interviews with.

Al Macintyre  ? ?
http://www.cen-elec.com MIS Manager Programmer & Computer Janitor
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