what is the situation wrt. ideas created by employees while employed ? who owns them ?
Rajinder Yadav
devguy-DaQTI0RpDDMAvxtiuMwx3w at public.gmane.org
Tue Jun 30 15:52:40 UTC 2009
Christopher, you're absolutely right about how that!
Kind Regards,
Rajinder Yadav
--- On Tue, 6/30/09, Christopher Browne <cbbrowne at gmail.com> wrote:
> From: Christopher Browne <cbbrowne-Re5JQEeQqe8AvxtiuMwx3w at public.gmane.org>
> Subject: Re: [TLUG]: what is the situation wrt. ideas created by employees while employed ? who owns them ?
> To: tlug-lxSQFCZeNF4 at public.gmane.org
> Received: Tuesday, June 30, 2009, 10:56 AM
> On Tue, Jun 30, 2009 at 10:47 AM,
> Rajinder Yadav<devguy-DaQTI0RpDDMAvxtiuMwx3w at public.gmane.org>
> wrote:
> > Replace software with gun, I wonder what the NRA would
> think of it... In fact what about a car? We don't hold a
> maufacture responsible, so why should developers be held
> accountable?
> >
> > Unless the software is designed to cause harm, then it
> is the act that is criminal from inception.
>
> Ah, but that misses some legal details about what's
> happening here,
> and in law, the details really do matter...
>
> 1. None of this has been speaking to criminal
> matters, only to civil
> matters, and that's rather important as they are *very*
> different
> branches of law...
>
> 2. In the "sue the engineer's employer" case, the
> point isn't whether
> the employer is properly expected (in situ) to be
> considered
> responsible.
>
> It is, instead, that a legal argument is constructed as
> follows:
>
> - Some kind of damage was done, hence we'd like to sue
> someone...
>
> - The engineer has an employer that has deep enough pockets
> to be worth suing...
>
> - Can we fabricate a legal argument to say that the
> employer is
> responsible for the employee's actions, so we can access
> their
> pockets?
>
> Evidently, such an argument can be made, and possibly even
> believed by
> a court...
> --
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> George Burns - "I would go out with women my age, but
> there are no
> women my age." -
> http://www.brainyquote.com/quotes/authors/g/george_burns.html
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