Your answers could be accurate in some countries around the world, but in the 
US such agreements are 100% enforceable and have been upheld in the vast 
majority of the states (including California). The artifacts will w/o question 
belong to the Employer. As for the question of the design or approach is that 
is obliquely alluded to below, that is also protected under most States IP 
laws. If a "Company" contracts an individual to accomplish a specific task; 
then the person contracted becomes an "Employee" and the organization doing the 
contracting becomes an "Employer" - BTW all hires are legal contracts whether 
verbal Vs. written and short-term Vs. Long-Term. As an example: A Employer 
hires a Employee to re-finish a hard-wood floor, does the employee then have 
the right to claim the floor is theirs? Most assuredly not, this same argument 
has been upheld in almost all State courts.....

Amy - If you seriously want the position then sign the agreement and take the 
fair pay they are offering for the job. If the pay isn't fair, then negotiate a 
more lucrative deal. If you don't like their terms and conditions, you can 
attempt to negotiate them away, but....don't be surprised if they aren't 
receptive to that approach. What you have to ask yourself is "Do I have a 
complete corner on the skill set that they are looking for that they have no 
choice but to accept my demands to maintain the IP" - I am most sure that the 
vast majority of the world don't have such skill sets....

BTW, I think you need to re-consider your definition of OOP.....it has 
absolutely nothing to do with maintaining IP.

GB,
Bubba



From: b_alen 
Sent: Tuesday, June 10, 2008 10:45 PM
To: flexcoders@yahoogroups.com 
Subject: [flexcoders] Re: OOP and Work for Hire


BOLLOCKS!! Of course you can reuse your code. You're code is not
stored in AS files anyway, but in your head. So unless you can erase
memory how you cracked the algorithm or designed a system, there's no
way you could not reuse the code. Since every project is different in
nature, there's a very small chance you will end up copy pasting the
entire solution for the new client. So in reality you will take bits
and pieces from old projects, even improve the code a bit, write some
new stuff and that's it.

--- In flexcoders@yahoogroups.com, "Amy" <[EMAIL PROTECTED]> wrote:
>
> I was recently asked to sign an agreement that would designate a Flex 
> project as "Work for Hire." I.e. I would not retain any ownership of 
> the code I wrote for the project. This seems to defeat the purpose of 
> OOP, if I create a whole body of code that I can't then reuse. How do 
> most Flex developers handle the idea of Work for Hire?
> 
> Thanks;
> 
> Amy
>



 

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