Re: What are a programmer's rights to what he writes?

["R. Bruce Hoffman, Jr." <rbruceh@xxxxxxxxxxxxx>]

-----Original Message-----
From: Nathan M. Andelin <nathanma@haaga.com>
To: MIDRANGE-L@midrange.com <MIDRANGE-L@midrange.com>
Date: Tuesday, May 23, 2000 10:36 AM
Subject: What are a programmer's rights to what he writes?


>Is it illegal for a programmer to use source code he was employed to write?

Depends upon the WRITTEN agreement between the independant and the hiring
party.
If the programmer is an employee, then, outside the scope of his employment,
yes.

>Is it unethical?

Depends upon the WRITTEN agreement between the independant and the hiring
party.
If the programmer has not gotten CONSENT and it is outside ths scope of his
employment, then yes.

> For example, should a programmer be able show some of his
>past source code to a prospective future employer?>

Why?  You want someone else's code?  Go buy it from them.  It will be A LOT
cheaper than hiring the coder.

When in a hiring position, I have never asked to see a coder's prior work,
and have declined to look at it when offered.  I want only their future
work.  I am interested in what they can do, not what they might have done 5
years ago.

>One of the people on this list express his opinion last week that it was
>both illegal and unethical.
>
>My question is what rights do programmers have to their works?  And, in
your
>opinion, what rights should a programmer have?

Any rights he both DESIRES and obtains permission to, IN WRITTING.

Generally, without the written ownership, the person GIVING the
consideration, gets the code and the rights.

===========================================================
R. Bruce Hoffman, Jr.
 -- IBM Certified AS/400 Professional System Administrator
 -- IBM Certified AS/400 Professional Network Administrator

"The sum of all human knowledge is a fixed constant.
    It's the population that keeps growing!"



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