RE: work contracts inquiry

["Nathan M. Andelin" <nathanma@xxxxxxxxx>]

<snip from Bob Crothers>

This subject has come up many times in the past.  And much of what you say
is probably true.  But if you are an RPG programmer and you work for a paper
mill and then "on your own time" come up with a killer program on how to cut
a roll of paper written in RPG, then that is obvious.  This to me is in the
scope of employment.

<end snip>

If the RPG programmer, on his own time, creates and plants a computer virus
on a competitor's computer, is that also within the scope of his employment?
Thankfully not!

Following is a review of one court case:

<snip>

In Avtec Systems, Inc. v. Peiffer (4th Cir. 1994) 21 F.3d 568, the court
followed the language of the Restatement on Agency in holding the work was
created "within the scope of employment" only if the work is of the kind the
employee is employed to perform, occurs substantially within the authorized
time and space limits and is actuated in whole or part by a purpose to serve
the employer.

<end snip>

I think the point is, that employees do, and should have a certain amount of
free agency.  It protects employers from the acts of malicious employees,
but a more important thing is that it preserves the freedom and dignity of
individuals.  After all, should not an employee be able to create a work
"within the scope of his hobby", or "within the scope of his community
service", or even "within the scope of his own business interests"?




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