[plug] Intellectual Property

[Christian]

On Thu, Aug 03, 2000 at 11:57:45AM +0800, Leon Brooks wrote:
 
> Fidelity is all very well, but if the employer pays you to write
> software, he is paying you for the *writing*, NOT the *software*. You
> have exercised your fidelity by doing the writing. If he wants the
> software as well, you must sign it over to him.

By this reasoning couldn't a developer complete *writing* the software,
collect his cheque and then leave taking with him all copies of the
software (which he supposedly owns)?  He's exercised his duty by doing
the *writing* of the software and, if he owns the copyright, then
couldn't he either charge his previous employer for licensing it or even
deny them a license?  Sound like nonsense to me.  I've previously been
told (by a lawyer) that, except where an explicit agreement exists, the
employer owns any copyright for any works developed as a consequence
(and as part of) that employ.  Perhaps he got it wrong (or I
misunderstood) but it still makes a lot more sense than what you're
telling me.  Perhaps any actual lawyers on this list would like to give
an authoritative opinion?

I'm interested partly as a matter of course and also because I had
written some software during a previous employment which was at least
semi-useful and I wouldn't mind making it available as Free software
except I was under the impression I didn't own the copyright.  If I
actually do then I'd be interested in knowing for sure.

Regards,

Christian.