Dan Waters
dwaters at usinternet.com
Mon Sep 17 16:45:23 CDT 2007
Jack, Can you list some exceptions that might be more frequent and applicable to the folks on this list? Thanks, Dan -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Jack Stone Sent: Monday, September 17, 2007 2:39 PM To: Access Developers discussion and problem solving Subject: Re: [AccessD] Database Patent...sort of....kinda I haven't really been following this thread very closely lately, but noticed this one, and will say that those are the general rules loosely worded by Dan, but as in so many things in law, it is not always so simple, and there are always exceptions (that's what keeps us in business). Regards, Jack Stone -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Julie Reardon Sent: Monday, September 17, 2007 12:13 PM To: 'Access Developers discussion and problem solving' Subject: Re: [AccessD] Database Patent...sort of....kinda Is that an official, lawyer-type answer? Can we bank on that as a response officially? Julie Reardon PRO-SOFT of NY, Inc. 44 Public Square, Suite 5 Watertown, NY 13601 Phone: 315.785.0319 Fax: 315.785.0323 NYS IT Contract#CMT026A NYS Certified Woman-Owned Business www.pro-soft.net -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Dan Waters Sent: Monday, September 17, 2007 12:45 PM To: 'Access Developers discussion and problem solving' Subject: Re: [AccessD] Database Patent...sort of....kinda All patents and inventions automatically belong to the inventor or author, unless that person agrees to reassign the rights. Typically a company will want certain employees to agree to this reassignment before they give you a job (and they won't give you the job unless you do agree). If a person comes up with an invention or copyright, the company can't force a person to reassign the rights, unless there is a prior agreement to do so. Dan -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Robert L. Stewart Sent: Monday, September 17, 2007 11:03 AM To: accessd at databaseadvisors.com Subject: Re: [AccessD] Database Patent...sort of....kinda If you were an employee, technically it is theirs. If you were paid to develop it specifically, as a contractor, it depends on the state. If they did not have you sign a contract stating it was theirs, it could possibly be yours. Patent, I doubt it. At 09:26 AM 9/17/2007, you wrote: >Date: Sun, 16 Sep 2007 21:30:10 -0400 >From: "jwcolby" <jwcolby at colbyconsulting.com> >Subject: Re: [AccessD] Database Patent...sort of....kinda >To: "'Access Developers discussion and problem solving'" > <accessd at databaseadvisors.com> >Message-ID: <006501c7f8ca$4a721060$6c7aa8c0 at M90> >Content-Type: text/plain; charset="us-ascii" > >Both companies out of business, you developed it for pay for an insolvent >business. I would say that you are bringing prior experience to company C, >which happens to include code and ideas gleaned from time spent working for >companies no longer in business. My first take would be no problem. > > >John W. Colby >Colby Consulting >www.ColbyConsulting.com >-----Original Message----- >From: accessd-bounces at databaseadvisors.com >[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Dian >Sent: Sunday, September 16, 2007 6:38 PM >To: 'Access Developers discussion and problem solving' >Subject: Re: [AccessD] Database Patent...sort of....kinda > >OK...I give up...I've thought about this all weekend and I'm supposed to >have an answer tomorrow and I don't. This is ethical and moral and legal, I >think. Years ago, I worked for a title insurance company that dealt with >timeshares. At their request, I created an application to deal with some of >the special issues that affect timeshares and title insurance. That was my >first Access database. I left the company and the database...it belonged to >them. No problem. I went to work for another title company and created the >database application they needed to deal with their timeshare issues (didn't >use the old one....sorta recreated a new one). So far, so good. Not a moral >or ethical issue involved. That company fell apart and I moved on. Now, the >unethical part. The company fell apart and I took the the database home with >me because nobody cared. I "play" with it...have test data, etc., easily >available and I have implemented a number of the ideas I've gleaned from >this group (for which I will always be grateful)...now comes the ethical >question: Owner A couldn't care less (they don't do timeshares now); Owner B >is out of business entirely. IF I choose to work with C, am I doing anything >wrong by using the framework I've "played" with over the years. My >apologies...I know this is weird...but, honestly, I have no clue who else to >ask. 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