[plug] Intellectual Property

[Bret Busby]

Leon Brooks wrote:
> 
> Bret Busby wrote:
> > alan howard wrote:
> >> On Wed, 02 Aug 2000, skribe wrote:
> >>> At 19:31 2/08/00, Alex Polglaze wrote:
> >>>> The person who writes the code owns the code
> >>>> irrespective of who paid for it.
> 
> >>> My patent attorney begs to differ =).
> 
> >> on this subject, if i creat[e], devolop and design
> >> som[e]thing that[']s related to my work during my own
> >> time do I or my employer own the rights to what I've
> >> created. (even if I didnt get paid for it). I rem[em]ber
> >> reading some where that my employer does , unless its
> >> totally unrelated to work. is this correct ?
> 
> > Correct.
> 
> Sorry, Alex is right, the MBA book is lying. It's been tested in
> practice and the author owns the software, regardless of whether it was
> written at home or at work. If this worries your employer, sign (and
> date) a document saying that you resign all rights to the software in
> favour of the employer (or, grant unlimited rights of use and,
> modification, copying and distribution to the employer). The document
> must nominate *specific* items of software, a general disclaimer is not
> much use in court.
> 

Since you are passing yourself off as an authority on this,  I trust
that you can cite the precedents.

If you can cite the precedents, then please so do.


> > It is a matter of duty of fidelity, from what I understand.
> 
> 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.

Similarly, can you please cite the case law?

-- 

Bret Busby

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