TIP: Click on subject to list as thread! ANSI
echo: aust_c_here
to: david nugent
from: Nhan Tran
date: 1994-02-18 21:45:00
subject: realloc

> OK. It came down to proof. They had an army of lawyers to
 > prepare "proof" that I wrote it in the company time.

 dn> Actually, Nhan, lawyers don't matter at this point since it isn't a
 dn> question of law. It is essentially a matter of producing facts to
 dn> satisfy a court on the balance of probabilities. That's tougher than
 dn> it sounds. The burden of proof to do that is on the complainant.

Good news. Thanks :-)

 dn> In short, if you want to release souce code you should really clear it
 dn> with your employer first before doing so, irrespective of on who's
 dn> time you wrote it purely to be on the safe side (unless of course the
 dn> code in question is completely unrelated to any work you actually do
 dn> and therefore cannot ever be construed to have been made at the
 dn> direction of your employer). In this case, the courts will often
 dn> favour the employer due to the nature of contract of employment. While
 
Thanks again for pointing it out. I've been doing this (on the safe side)
but had thought that it was not necessary.

 dn> Back to the original subject - if a piece of code is (uncontested) in
 dn> the public domain, no-one can later claim ownership, and they
 dn> certainly can't sue anyone else for using it. 
 
My concern is when a PD code is considered uncontested. Is there a time limit?
 
As a programmer, I want my PD code used by as many people as possible. On
the other hand, I want to use PD code in our systems at work but the legal
staff is always against it. They don't want the department to be involved
in any lawsuit and provided all sorts of argument ...

 > Until then, I continue to put a PD notice in my code, with due reservation.

 dn> You're free to do what you wish, as always.

Taking Steph's kind advice, from now on, I'll put a "released to
publid domain" and a "licence to use" to be on the safe
side...

Thanks again for your comments. Sorry for the provocativeness of the
original message, I wanted to be sure of getting a helpful reply :-)


--- GEcho 1.02+

* Origin: The InterACTive BBS - Canberra ACT - (06) 292-6200 (3:620/243)
SEEN-BY: 50/99 54/54 620/243 250 252 623/630 711/409 430 807 808 809 932 934
SEEN-BY: 712/623 713/888 714/906 800/1
@PATH: 620/243 54/54 711/808 809 934

SOURCE: echomail via fidonet.ozzmosis.com

Email questions or comments to sysop@ipingthereforeiam.com
All parts of this website painstakingly hand-crafted in the U.S.A.!
IPTIA BBS/MUD/Terminal/Game Server List, © 2025 IPTIA Consulting™.