[DUG] A change in upgrade policy coming from Embarcadero

Todd Martin todd.martin.nz at gmail.com
Thu Sep 17 12:11:34 NZST 2009


Hi Kyley

> I have contracted in a firm before where there was a clear case of an
> employee "holding back" at work and not exhibiting the full potential of
> their skills and salary.. at the same time they discovered he was
> developing applications different from work but for the same sector.. in
> their mind these products should rightly have been introduced into the
> companies product... Especially if you are employed as someone who is
> supposed to guide the direction of the software.

You're talking about a situation where there is a direct conflict of
interest. That is quite a bit different from an employer demanding
ownership of any intellectual property you dream up or develop outside
work hours.

>.. if
> they want to own everything I do during my employment then they can
> double the salary or include a profit share system on any personal designs.

Agreed.

> And lasty.. if you are using any company owned assets in the development
> of personal gain then that is really not Kosha.. you should be using
> your own licenses, computers etc etc..

Agreed.
> 
> I mean.. if you were a plumber.. and you didn't own a van or tools, but
> they were provided by your company.. and after hours you went and did
> plumbing using their van, their gas, their tools, and you pocketed the
> cash do you really think that its a reasonable thing? Software is no
> different.. give and take.

Todd.
> 
>     Get used to it.
> 
>     As I stated, it is fairly common now (not always, please don't take
>     this as generalisation) that unless the application was already
>     defined, it belongs to the company. Companies are looking more to
>     the fact they employ you for your design and invention skills,
>     therefore they figure they own those skills and anything that comes
>     from it.
> 
>     Steve Peacocke
> 
> 
>     On Thu, Sep 17, 2009 at 8:57 AM, Todd Martin <todd.martin.nz
>     <http://todd.martin.nz>@gmail.com <http://gmail.com>> wrote:
> 
>         Hi Steve
> 
>         That is an absolute outrage. Anyone worth their salt would never
>         sign
>         such a contract.
> 
>         Todd.
> 
>         >
>         > This is fairly common over here for programmers to have to
>         sign away all
>         > applications programmed at home.
>         >
>         > Steve Peacocke
>         >
>         >
>         > On Thu, Sep 17, 2009 at 8:20 AM, Leigh Wanstead
>         <leighw at softtech.co.nz <mailto:leighw at softtech.co.nz>
>         > <mailto:leighw at softtech.co.nz <mailto:leighw at softtech.co.nz>>>
>         wrote:
>         >
>         >     Hi Steve,
>         >
>         >
>         >
>         >     I thought what you described is for the no knowledge
>         required job
>         >     i.e. waiter etc. It happens in Delphi?
>         >
>         >
>         >
>         >     Have a nice day
>         >
>         >
>         >
>         >     Regards
>         >
>         >     Leigh
>         >
>         >     *From:* delphi-bounces at delphi.org.nz
>         <mailto:delphi-bounces at delphi.org.nz>
>         >     <mailto:delphi-bounces at delphi.org.nz
>         <mailto:delphi-bounces at delphi.org.nz>>
>         >     [mailto:delphi-bounces at delphi.org.nz
>         <mailto:delphi-bounces at delphi.org.nz>
>         >     <mailto:delphi-bounces at delphi.org.nz
>         <mailto:delphi-bounces at delphi.org.nz>>] *On Behalf Of *Steve
>         Peacocke
>         >     *Sent:* Thursday, 17 September 2009 10:03 a.m.
>         >
>         >
>         >     *To:* NZ Borland Developers Group - Delphi List
>         >     *Subject:* Re: [DUG] A change in upgrade policy coming
>         from Embarcadero
>         >
>         >
>         >
>         >
>         >
>         >     There have been several instances, very real over here,
>         where the
>         >     employer can hire a new employee and legally keep them on
>         trial for
>         >     up to a year, then simply fire them without explanation
>         and without
>         >     any legal issues at all, rather than pay contract rates.
>         In one
>         >     instance, the employer was able to fire people within
>         their 3 months
>         >     and hire another employee from another agency, rather than
>         pay the
>         >     agency fees.
>         >
>         >
>         >
>         >
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> 
> 
> 
> -- 
> Kyley Harris
> Harris Software
> +64-21-671-821
> 
> 
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