RE: work contracts inquiry

["Bob Crothers" <bob@xxxxxxxxxxxxxx>]

Nathan,

<snip>
The law is pretty clear that if the employee writes the program on his own
time, using his own (or a timeshare) computer, and for the purpose of his
own commercialization, then he owns the copyright - not the employer,
regardless of the fact that his employment laid the foundation for the idea.
</snip>

This is where I am confused.  I have always heard (from at least one
attorney) that what you say is not the case.  In the paper mill example, the
employer would own the copyright without much question.  And since the
employee almost defiantly learned how a roll of paper is cut up from the
employer, it is also a violation of any Non-Compete/Non-Disclosure agreement
that they might have.

A classic example would be the guy who invented Post It Notes.  Legend says
he was an employee of Dow Chemical (or is Dupont?) and it was done on his
own time and equipment.  But Dow owns the patent.  Dow made the guy wealthy,
but they did not have to (legally anyway. Morally, they did the right
thing).

Assuming that we are both correct, and that there truly is some ambiguities
in the law (surprise surprise!), then another factor that need to be
remember is who can afford to litigate?  The employer surely has much deeper
pockets.  So, I go back to my original premise of honesty & openness.  Sure,
you might get screwed.  But, if this paper mill programmer does everything
in secrecy, it is automatically suspicious and he/she almost guarantee's a
bad reaction from the company.

Another thing that should not be forgotten: There is a HUGE difference
between "what the law is" and "what the right thing is".

But, I am NOT a lawyer and before I ever made any move in the above
situations, you can bet that I would consult one.

You also hint in your last paragraph that you have some personal experience
in the above.  Care to elaborate?

Regards,
Bob Crothers



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