> From: "Noonan, Wesley" <[EMAIL PROTECTED]>
> Subject: RE: blcking sites
> Date: Wed, 20 Sep 2000 14:06:04 -0500
>
> -----Original Message-----
> From: mouss [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, September 20, 2000 13:55
> To: [EMAIL PROTECTED]; Jarmoc, Jeff; Henry Sieff; 'Jeremy';
> Firewalls
> Subject: RE: blcking sites
>
> you're right, my "statement" was too simple.
>
> the pc is not mine, that's right, but my work is. so everything on the PC
> that resulted
> from my actions is under my responsibility.
>
> Even this is questionable. I don't know about anyone else, but I read every
> non-compete type document my employer(s) give me. In 100% of the cases,
> somewhere in the document(s) it clearly states "your work is ours". IOW,
> what I do at work is the "property" of my employer.
That is absolutely *correct*. The _employer_ owns the 'work product'.
There is long established doctrine on this. For those who care to look
up the gory details the magic phrase is "work done for hire".
This is the legal situation, even ABSENT a 'non-compete' type document, or
'employment agreement'
Said situation *IS* subject to negotiation, and if mutual agreement to other
terms can be obtained, that specific agreement takes precedence.
NOTHING prevents one from using ones knowledge/skills to re-implement some-
thing that is now the property of a former employer. Using any actual objects
(be it a source-listing, or a machine-readable copy, or any other 'real' object)
that was developed for the former employer, as a "work done for hire" -does-
have legal risks -- from the standpoint of legal theory it is a 'forbidden
action'. As a practical matter, it is _usually_ overlooked by the "injured"
party, unless there are extreme and/or extenuating circumstances. However,
when it is not 'ignored', things get *very* messy, very quickly. It's a bad
gamble.
> Many a company has had
> to draft a new one for me to work for them, because I see it as a
> partnership. I.e. if I write a script that makes my job easier, I share it
> with the company so that the other admins can benefit as well. When I leave,
> the concept and code (removing any proprietary information like their
> company name, etc.) comes with me. They are able to continue to use it, and
> modify/improve it, but so do I. I am not interested in reinventing the wheel
> at every company I work for just because they think it is theirs. After all,
> my reputation and skills are usually a reason I was hired in the first
> place. A lot of that has been built on the tools, utilities, tips and tricks
> I have accumulated.
This is the 'ideal' solution. But it works only when the employer is
"enlightened" enough to see the mutual benefits.
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