Re: work contracts inquiry

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

<snip from Bob Crothers>

This is where I am confused.  I have always heard (from at least one
attorney) that what you say is not the case.  In the paper mill example, the
employer would own the copyright without much question.

<end snip>

Bob, I've been in the arena and stand by my previous statements.  Pass them
on to your attorney, I think he will confirm.

<snip from Bob Crothers>

Assuming that we are both correct, and that there truly is some ambiguities
in the law (surprise surprise!), then another factor that need to be
remember is who can afford to litigate?  The employer surely has much deeper
pockets.

<end snip>

Bob, I can't adequately express the relevance of your above statement.
People tend to think that if the law is on their side they will be protected
by the (in)justice system - to use a term from Douglas Handy.

Unfortunately, this is precisely the thing that keeps employees from
discussing their outside interests openly with their employers.  The
employer plays the role of a master to begin with.  Add to that the ability
and tendency to intimidate, and you get a pretty good picture of
employer-employee relations.

<snip from Bob Crothers>

So, I go back to my original premise of honesty & openness.  Sure,
you might get screwed.  But, if this paper mill programmer does everything
in secrecy, it is automatically suspicious and he/she almost guarantee's a
bad reaction from the company.

<end snip>

I agree with you completely about honesty.  The ability to be open largely
depends on the employer - not the employee.  Most court cases that deal with
the question of "within the scope of employment" are the result of an
employee sharing his idea with his employer.  In an ideal world employees
would be in a position to negotiate beforehand.  But do they, in the real
world?

<snip from Bob Crothers>

Another thing that should not be forgotten: There is a HUGE difference
between "what the law is" and "what the right thing is".

<end snip>

I think that there are more good laws than bad ones.  But I tend to agree
with you here.

<snip from Bob Crothers>

You also hint in your last paragraph that you have some personal experience
in the above.  Care to elaborate?

<end snip>

Actually, its a deep wound that I don't want to elaborate on.  I will say it
was a copyright case.  I was the defendant.



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