Maybe. If said tools and techniques are uncovered while being paid to accomplish this "floor re-finishing", then No they do not have any legal right to re-use it. In reality, will folks re-use/re-purpose what they've done? Absolutely but they have no legal right to it and by taking such actions they are placing themselves (albeit how greatly some people like to argue about) in peril of legal proceedings against them. How often would that happen? More often then people might realize.
Another alternative is that they could simply establish themselves with a reputation of not respecting their agreements with customers (and believe me word will get around quicker than a brushfire in the middle of August in California hillside country) and they have effectively black-balled themselves. Then again the employer could simply be fat, stupid and lazy thereby never catching on to what is actually happening and the employee can take the employer for all they can get..... My recommendation is to simply sign the agreement, adhere to the letter and (even more importantly) the spirit of the agreement and get on with your life: I.e. Getting paid to do something that you enjoy and are proficient at, then using the proceeds to behave like a twisted, salted pretzel with your significant other... GB, Bubba From: b_alen Sent: Wednesday, June 11, 2008 3:31 AM To: flexcoders@yahoogroups.com Subject: [flexcoders] Re: OOP and Work for Hire No, the floor is not Employee's. But if the employee by doing the finishing of the floor realizes how to do it with different tools and techniques better, then he has every right to apply his knowledge on another floor with different client. --------------------------------------------- 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" <amyblankenship@> 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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