Re: Code rights for employees (was Re: SCO identifies code?)

From: Steve Lamb (grey_at_dmiyu.org)
Date: 08/20/03

  • Next message: Mike Fedyk: "Re: rms on debian" 
    Date: Tue, 19 Aug 2003 15:31:23 -0700
To: debian-user@lists.debian.org

    On Tue, 19 Aug 2003 15:08:58 -0500
    Rich Puhek <rpuhek@etnsystems.com> wrote:
    > Steve Lamb wrote:
    > > So do you think that any artist would sign on and say that x type of
    > > work is owned, whole or in part, by the company regardless of whether or
    > > not the work was done for that copy or on their own?

    > Actually, when was the last time you saw a rock star tell a record label
    > "you know, I wrote this song on my own time, so I don't think you really own
    > the rights to it"?

        All the time. Musical artists have been known to write things on their
    own time and release them later under a different label or independently. The
    studios only own what the artists have granted them at the time. What they
    wrote in their spare time is theirs until they turn it over.

    > Again, this assumes that the author working on eBay did not sign a
    > noncompete contract. If he was a key developer, I would not be surprised
    > if eBay's contract stipulated that should the author leave eBay, that he
    > not work for any other online auction sites (at least for a period of
    > time, or within a geographic area). It's fairly common practice in
    > different industries (heck, I can't talk to my old insurance agent for
    > another couple of months, since he had a noncompete signed with his old
    > insurance company).

        Which largely doesn't apply when it comes to such soft media as the arts
    and programming. If an insurance agent strikes out on his own and takes his
    client base from his previous employer he has deprived that employer of
    revenue. He must create a new client list for himself. If an author
    (programmer, etc) strikes out on his own he does not take anything with him.
    While he cannot revisit the material that is copyrighted by another entity
    nothing prohibits him from creating new material.

    > 1a) did the contract contain provisions regarding ownership of
    > intellectual property, inventions, copyrights, etc?
     
    > If the contract did, it is likely that in signing the contract, the
    > employee VOLUNTARILY AGREED that any inventions, code, etc. are the
    > property of their employer, even if done on their own time.

        You mean like you agreeing to the Code of Conduct of the lists for Debian
    yet violating that Code of Conduct? See:
    <http://www.debian.org/MailingLists/>, 9th item in the Code of Conduct. 

    -- 
         Steve C. Lamb         | I'm your priest, I'm your shrink, I'm your
       PGP Key: 8B6E99C5       | main connection to the switchboard of souls.
	                       |    -- Lenny Nero - Strange Days
-------------------------------+---------------------------------------------



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