I have two recent separate examples that explain a lot. 1. Patent Filing, 2. Magic Wand Algorithm
1. We filed two patents, both based around Flex. In one we were in legal dispute with another company. Never ever did anyone ask for the source code from the legal teams. What you're patenting is the solution and not the code and the process is very rigorous. If you are working on such a project you know it, and you know what you invented is not yours. And you can't be that stupid to go around and sell this. If you are that stupid then you deserve to rot in jail. We're not talking here about patents. Laws are very clear regarding this. 2. I had to create a magic wand tool with ability to set tolerance. There is EXACTLY ONE way how to do it in AS non-expensively. Normal flood fill approach is to expensive for AS, so you have to use some tricks with applying native AS filters. Is it work for hire? Yes. Is it patentable? NO - because magic wand is nothing new, just because I wrote it AS does not make it patentable. Can I use it again on different project? Sure I can, otherwise I can never again complete any of the similar projects because there just isn't any other way to do it. So I'd have to turn down all future projects that would include magic wand. Imagine if this would apply to everything you do and you wouldn't be able to use anything you developed in the previous project, where would you be today? And also all my previous code base would suddenly become employer's like Bubba suggested. He actually said if I use my own toothbrush, bought with my money in the supermarket, to better polish my employer's floor, then this toothbrush is not mine any more and I have no right to take it home. It just doesn't work like that, and every time I used the code I developed for a client I pretty damn sure I did not violate any IP rights, and I would win any legal battle. Alen --- In flexcoders@yahoogroups.com, "Doug McCune" <[EMAIL PROTECTED]> wrote: > > The company that you worked for has the right to patent the implementation > of that great algorithm that you came up with. So if that's really an > "inventive" algorithm then yeah, they have the right to use it and you do > not. In the real world is this how things play out? often no, but I'm just > trying to explain my (non-professional) understanding of intellectual > property law. > > Doug > > On Wed, Jun 11, 2008 at 11:55 AM, b_alen <[EMAIL PROTECTED]> wrote: > > > So if I create a great algorithm for collision detection while working > > for a client I can not use it ever again? And if I have to make it for > > 10 different clients in a year, I have to create 10 completely > > different solutions for the same problem, so I don't copy. First of > > all that's impossible. Second, if I do use the same knowledge and > > techniques like you said, then the code is of secondary importance > > anyway. I can heavily refactor the code and change all the variable > > names but the heart of the algorithm will stay the same. > > > > > > --- In flexcoders@yahoogroups.com <flexcoders%40yahoogroups.com>, "Doug > > McCune" <doug@> wrote: > > > > > > Typed code is what you are paid to deliver. That is what the client is > > > buying. When the client pays you you are selling those digital lines of > > > code. > > > > > > I just wrote a book for wiley. I cannot copy and paste any of the > > prose that > > > I wrote and post it on my blog. It belongs to wiley. I sold it to > > them (for > > > almost nothing, but that's beside the point). Yes, I can take the > > knowledge > > > I gained while writing that book and write completely new tutorials > > that I > > > post on my blog (although a non-compete prohibits me from writing a > > > competitive book). But the instant I copy and paste something I am > > breaking > > > the legal contract that I signed. > > > > > > The original question was about taking the exact code that was > > created for > > > one client and using it in another project (either for a client or > > as open > > > source code for the community). I don't think there's much of a > > legal gray > > > area here. Yes, everyone agrees that the knowledge and techniques > > that you > > > gain while writing code are yours and can often be used in other > > projects. > > > But that is not at all the same as saying it's ok to copy a class or > > chunks > > > of code verbatim. > > > > > > Doug > > > > > > On Wed, Jun 11, 2008 at 10:48 AM, b_alen <alen.balja@> wrote: > > > > > > > That's exactly what I was saying from the beginning. Typing code is > > > > not programming, as some on this thread think. Using your experience > > > > and knowledge to solve problems is programming. And nobody can take > > > > away that. I can delete all the code I have and I'll make even better > > > > in no time, once I cracked the problems and figured out the best > > > > architecture for certain business needs. > > > > > > > > > > > > --- In flexcoders@yahoogroups.com <flexcoders%40yahoogroups.com><flexcoders% > > 40yahoogroups.com>, > > > > "Kerry > > > > Thompson" <alpha@> wrote: > > > > > > > > > > Jeffry Houser wrote: > > > > > > > > > > > It really depends on what that knowledge is. > > > > > > > > > > That's really key. Let me give you a real-world example > > involving code, > > > > > rather than hardwood floors and toothbrushes ;-) > > > > > > > > > > I've specialized in localization and internationalization for 15-20 > > > > years. > > > > > I'm bilingual, so that helps--that's a pre-existing skill I bring to > > > > every > > > > > job, and no contract is ever going to take that away from me. > > > > > > > > > > About 10-15 years ago, in the Windows 3.1 days, I wrote a library, > > > > in C, to > > > > > display Chinese characters on English Windows 3.1. It was > > breakthrough > > > > > technology back then, and Sony paid me well for it. There is no way > > > > I could > > > > > ethically or legally use that code again (it's a moot point now, of > > > > course). > > > > > > > > > > Last year I had a Director project in 8 languages, including 4 Asian > > > > > languages. The current version of Director then, MX 2004, didn't > > support > > > > > Unicode, and had no way to display Chinese. So I did what a genius > > > > friend of > > > > > mine, Mark Jonkman, did--I used a Flash sprite to display the > > CCJK text. > > > > > > > > > > I can't legally or ethically re-use that same code. But I can darn > > > > sure use > > > > > Flash to display Unicode text within a Director movie. It might soon > > > > be a > > > > > moot point also, since Director 11 supports Unicode, and Director 12 > > > > might > > > > > be usable, but the point is that I'm using a known, pre-existing > > > > technique. > > > > > Sure, I refined and polished it, and I'll take that skill and > > > > knowledge with > > > > > me to the next gig. Just not the code. Snippets, maybe, but not the > > > > whole > > > > > shebang. > > > > > > > > > > Cordially, > > > > > > > > > > Kerry Thompson > > > > > > > > > > > > > > > > > > > > > > > > > > >
