RE: Intellectual property rights

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This question sounds like a perfect discussion for Slashdot. ;-)

I bet you would get a lot of typical dumb comments, but a few people
might have some very valuable legal information in regards to this
issue. Would be worth posting on the /. message board to see the
feedback.

-Robby

On Mon, 2004-08-09 at 16:58, Sunmaia wrote:
> Hi
> 
> A few thoughts.....
> 
> You are in a difficult position and the approach will depend your company
> and their ethics.
> 
> At the worst you are screwed. They may offer you nothing. At this stage you
> may face a choice of legal battle or to walk away.
> 
> To win a legal battle you would need to prove ownership of something
> copyright and their breech of it. Although they may rewrite in asp the
> database structure and user interface may be yours, and you may be able to
> prove it. Do you have the app on a third party server - datestamped files
> may prove that you created your work before them. However proving the case
> is likely to be difficult and expensive and might cost you your job - it
> stinks but it may not be worth it.
> 
> If they are a little fairer you might try making a business case. It sounds
> as if you are up against closed minds, but .........
> 
> php is secure, unlike IIS which is a basket case where security is
> concerned - challenge the IT dept to cite specifics. php runs in conjunction
> with the webserver, so this needs qualifying anyway.
> 
> MySql is used by NASA, Yahoo and an increasing range of Blue Chip companies
> (see www.mysql.com). It does have some limitations, so you need to consider
> whether these are relevant to your company.
> 
> the business case is......
> 
> they have a ready made app which will do the job. If they ask the 3rd party
> company to rewrite it will cost a lot, and you may also have M$ licensing
> costs to pay. They will also have development time, during which the current
> chaos will persist.
> 
> You can also try reminding them that you have put many hours into this
> project and showing it to them gives them no rights over it at all. If they
> are going to build an app that tracks warranty info then let them design it.
> But if they take your workflow, table design and screen designs then they
> are pirating your work, just like the guy who takes a camcorder into the
> latest film and sells the result.
> 
> There is another side to the augment, though. If your company are an M$ shop
> then supporting other technologies can be problematic - you say yourself
> that they are point and click people. If you are  the only person who knows
> php/MySql then they are vulnerable - if you leave or are off sick they may
> have a critical app without support. Rewriting in asp would answer this, but
> (I am assuming that you are not  working in IT now ) they may not want to
> trust an unknown with a business critical app. This is a fairly brutal
> assessment, which may have you screaming that you know exactly what you are
> doing, but they may see you as a happy amateur.
> 
> If it were my company I would see it as a sign of initiative and look to
> build on the skills of someone who obviously cares about the state of the
> company and has a talent for problem solving. In the real world you can hit
> politics, ignorance and greedy b****s.
> 
> I met a similar situation some years ago, and never reached any real
> conclusion, so I would suggest aiming for an amicable solution or leave it.
> If you are aiming  for IT you might consider looking for a company that will
> give you a break, and use the app as part of your CV. In my experience a
> finished project speaks louder than letters after your name, particularly
> where open source technologies are used.
> 
> HTH
> 
> Peter
> 
> 
> 
> 
> 
> 
> 
> > -----Original Message-----
> > From: Vincent Jordan [mailto:vjordan@xxxxxxxxxxxxxxx]
> > Sent: 10 August 2004 00:03
> > To: php-db@xxxxxxxxxxxxx
> > Subject:  Intellectual property rights
> >
> >
> > This is a bit off topic however it may be something people here have or
> > will have the unpleasant opportunity to deal with. The company I work
> > for has been having a problem tracking our customers warranty
> > information and have used paper for items sent in for repair. I on my
> > own time had created a web based application in php that would make both
> > issues paperless, and in my own opinion getter overall. Once complete I
> > informed my supervisor of the application and asked if It could be shown
> > to the vice president for review, with the condition that this is my
> > application and I own all source and design of the application. My
> > supervisor said he would need our IT department to look it over before
> > it went to the VP. At the request of the IT department head I downloaded
> > the files and sql dump of the database to the company's server. The next
> > day I wad in the IT office talking with the director of IT and a 3rd
> > party company about the functions and design of the application. Because
> > they are all Microsoft weenies and cant admin a server unless they can
> > point and click their way to a fix they said php would not be an
> > acceptable language and mysql is not a proper database to run an
> > application on. I informed them I could rewrite this in asp.net and
> > place it on a mssql database. The IT director said they will be having
> > the 3rd party company just take what I have made, convert it to asp and
> > build off of it.
> >
> > I approached my supervisor about compensation for the work that was done
> > since they are using my design. I was told "you gave it to IT, there is
> > nothing I can do about it" I explained that this was given on the
> > condition that it would be shown to the VP and in hopes that I would
> > either gain a transfer to IT, be awarded a contract to provide the
> > solution and maintenance, or maintain my current position with a slight
> > raise and I will maintain and built onto the application.
> >
> > I went up the chain to my supervisors boss and explained to them what
> > had happened and that since they are using my design and altering it to
> > another language that I would like to be compensated for my work. I was
> > told that I did nothing but give them an idea and they were really doing
> > all the work since what I did was not good enough and their computers
> > could not understand what I wrote.
> >
> > The IT dept refuses to run anything besides Win Servers using IIS. They
> > will not install PHP ( too many hacker problems they say).
> >
> > Did I just screw myself? Do I have any protection of my design? Can I do
> > anything?
> >
> >
> > Thanks,
> >
> > Vinny
> >
-- 
/***************************************
* Robby Russell | Owner.Developer.Geek
* PLANET ARGON  | www.planetargon.com
* Portland, OR  | robby@xxxxxxxxxxxxxxx
* 503.351.4730  | blog.planetargon.com
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