I think this is a bad analogy. The guy who installs or fixes an item
that does not actually generate revenue certainly can ask for residuals
- but there aren't any since there is no income from it.
However, if residuals is a thing (which it is in some industries) then
asking for a piece of the pie for something that generates a regular
income stream seems reasonable. In fact, I would suggest that it does
exist - though it isn't common. There are some companies that will pay
a tiny percentage of revenue generated by patents that result in
revenue. More often, however, they pay a 'bounty' for those patents
and require the IP be assigned to them. I don't think it is a stretch
to claim that a significant contributor of a bit of software should get
a residual. If we stretch it a bit further, isn't that what a
licensing fee is? So at that point, we are not discussing residuals, but
(partial or full) ownership. I would suggest that if the software
industry needs anything to be stronger, it is how IP rights are handled.
I live in California. The company I worked for was bought out by a very
large software company over 20 years ago. As part of the employment
agreement for this acquiring company we had to sign a contract that
stated anything we thought, said, did, wrote, or otherwise created -
whether at work or at home - while employed was owned by the company.
I balked until I turned the page and it said "does not apply to
California or Minnesota employees". State laws prevented them from
snatching ownership for most of what they were claiming. California
law, to the best of my knowledge, does give the employer ownership of an
invention/product if it was developed using company resources, and/or
knowledge that could only have been acquired through that employer.
Otherwise, it is owned by the person who developed it. Disclaimer: IANAL
On 12/3/2023 3:00 PM, Tom Brennan wrote:
Should I pay something to the guy who put the shingles on my house
every time it rains?
It's a trick question. I'm the guy who put the shingles on my house.
On 12/3/2023 12:07 PM, Wayne Bickerdike wrote:
When a bank runs an EFTPOS transaction, a fee is charged, all thanks to
some code. When they run a mortgage amortization program, a debit occurs
on a periodic basis. The whole system of direct debits generates a
transfer of funds from a customer to the code executor...
I could go on....
On Mon, Dec 4, 2023 at 7:03 AM Bob Bridges <robhbrid...@gmail.com>
wrote:
LOL, the Indians and I would have more work offered to us :).
---
Bob Bridges, robhbrid...@gmail.com, cell 336 382-7313
/* I like what the Roman fellow said: “I think nothing human alien
to me.”
When I read of a Mao or a Susan Smith, I try to imagine their
temptations,
not to exculpate them, but to implicate myself. Part of the
greatness of
Macbeth lies in the way it shows terrible crimes from the inside,
without
in the least excusing them. -Joe Sobran, Dec 1994 */
-----Original Message-----
From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On
Behalf
Of Doug Fuerst
Sent: Saturday, December 2, 2023 15:37
Maybe we should ask for residuals for our creative property like
actors.
We give it all away too easily. What would happen if we all went on
strike?
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