Re: [flexcoders] OOP and Work for Hire

[bubbamorse]

Sam,

I like this approach! That could work, butunless it was in place with the 
originating partythe problem still exists, or rather it can be picked-up 
only from this specific point forward...I've not found a lot of companies open 
to these stipulations, but if you can swing it then more power to you...

GB,
Bubba



From: Samuel Neff 
Sent: Wednesday, June 11, 2008 9:50 AM
To: flexcoders@yahoogroups.com 
Subject: Re: [flexcoders] OOP and Work for Hire



Depends on the work for hire agreement.  A good one would designate that the 
developer retains a perpetual non-exclusive rights to any works previously 
developed and used in the project and all general purpose code such as 
libraries and generic controls that are not unique to the business requirements 
or design of the project.

Sam

-
We're Hiring! Seeking passionate Flex, C#, or C++ (RTSP, H264) developer. 
Position is in the Washington D.C. metro area. Contact [EMAIL PROTECTED] 



On Tue, Jun 10, 2008 at 5:27 PM, 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





 

Re: [flexcoders] OOP and Work for Hire

[Samuel Neff]

Depends on the work for hire agreement.  A good one would designate that the
developer retains a perpetual non-exclusive rights to any works previously
developed and used in the project and all general purpose code such as
libraries and generic controls that are not unique to the business
requirements or design of the project.

Sam

-
We're Hiring! Seeking passionate Flex, C#, or C++ (RTSP, H264) developer.
Position is in the Washington D.C. metro area. Contact
[EMAIL PROTECTED]

On Tue, Jun 10, 2008 at 5:27 PM, 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
>
>

RE: [flexcoders] OOP and Work for Hire

[Kerry Thompson]

Amy 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?

The company probably has two main concerns:

1. They want the source code so the program can be maintained, even if you
get hit by a truck.
2. They don't want you to turn around and use your (sorry--their) code in a
competing program.

As a rule, they really don't care if you develop a really cool class to,
say, display text in multiple languages, then add that to your bag of
tricks. All programmers develop a library of reusable code, OOP or
otherwise, over the years. And, in practical terms, there is little a
company can do to keep you from re-using snippets of code, or whole objects.
It's just algorithms and data, after all. Change a few variable and function
names, perhaps rearrange functionality into new methods, and you have new
code.

On the other hand, if you write a cool 3-D snowboarding game, then turn
around and repurpose the code for a competitor's skateboarding game, you
have a problem (legal and ethical).

My general rule is fine, the company owns the code, and can do what they
want with it. On the other hand, I'm not going to re-invent the wheel every
time I need to parse a string, so I re-use code and algorithms from other
projects all the time. In fact, there's hardly a program I've written in the
past 25 years that didn't draw on my prior experience. It would be foolish
to do otherwise.

Cordially,

Kerry Thompson

Re: [flexcoders] OOP and Work for Hire

[Jeffry Houser]

When in doubt, the person with the money makes the rules! 



Almost every contracting agreement I've worked on had something 
similar.  In recent years, we've negotiated re-use, sometimes combined 
with a non-compete ( AJKA we can't build the same exact app for a 
different client).  But, that negotiation is with business owners who 
need applications; not consulting companies who need code.  As DotComIt 
evoles, we are being more particular about what we give away.


On the plus side, with such an agreement you are not going to use any 
of your "library code" and must build everything from scratch.  On a 
billable hour basis that can be nice. 

One associate of mine was told by his lawyers that he had no write to 
any code written by consultants no matter what the agreement; and could 
never prevent that consultant from re-using such things.  For the 
company to own it the developers must be employees.  I have since ran 
this issue against 2 separate lawyers who led me to believe that the 
company would own all work in a "work made for hire" agreement. 

I don't think this is an OOP issue.  In theory that client can re-use 
he code in other client projects.  However, despite efforts of many 
developers, I've found that most code is not built "flexible" enough to 
be shared between multiple disparate projects. 

There is a mailing list at houseoffusion.com called cf-jobs-talk which 
is designed for issues exactly like this.  Often there are lively 
conversations around such issues.


Amy 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

 


--
Jeffry Houser
Flex, ColdFusion, AIR
AIM: Reboog711  | Phone: 1-203-379-0773
--
Adobe Community Expert 

My Company:  
My Podcast: 
My Blog:  

RE: [flexcoders] OOP and Work for Hire

[Kevin Aebig]

Hi Amy,

 

Personally, I refuse to sign off on the idea that code can be owned. What
are the chances that you're write similar code down the road? How can they
say that the new code you wrote is any different from the code you provided
to them?

 

Instead, I normally offer a non-competition agreement which stipulates that
I won't work for their competitors for a given period. That way they're safe
and I get to reuse my code for projects that won't affect them.


!k

 

  _  

From: flexcoders@yahoogroups.com [mailto:[EMAIL PROTECTED] On
Behalf Of Amy
Sent: Tuesday, June 10, 2008 3:27 PM
To: flexcoders@yahoogroups.com
Subject: [flexcoders] OOP and Work for Hire

 

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