[DUG] A change in upgrade policy coming from Embarcadero

Kyley Harris Kyley at harrissoftware.com
Thu Sep 17 12:43:26 NZST 2009


Todd, you are correct.. My meaning is that I feel this is why the companies
are being so tight about things.. more as a way to stop theft, than to take
ownership.. Personally.. I've never signed any such agreement. Normally they
back down when I rationalize it to them, or I walk away.

"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.
"
On Thu, Sep 17, 2009 at 12:11 PM, Todd Martin <todd.martin.nz at gmail.com>wrote:

> 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.
> >         >
> >         >
> >         >
> >         >
> >         >     _______________________________________________
> >         >     NZ Borland Developers Group - Delphi mailing list
> >         >     Post: delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>
> >         <mailto:delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>>
> >         >     Admin: http://delphi.org.nz/mailman/listinfo/delphi
> >         >     Unsubscribe: send an email to delphi-request at delphi.org.nz
> >         <mailto:delphi-request at delphi.org.nz>
> >         >     <mailto:delphi-request at delphi.org.nz
> >         <mailto:delphi-request at delphi.org.nz>> with Subject: unsubscribe
> >         >
> >         >
> >         >
> >         >
> >
> ------------------------------------------------------------------------
> >         >
> >         > _______________________________________________
> >         > NZ Borland Developers Group - Delphi mailing list
> >         > Post: delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>
> >         > Admin: http://delphi.org.nz/mailman/listinfo/delphi
> >         > Unsubscribe: send an email to delphi-request at delphi.org.nz
> >         <mailto:delphi-request at delphi.org.nz> with Subject: unsubscribe
> >
> >         _______________________________________________
> >         NZ Borland Developers Group - Delphi mailing list
> >         Post: delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>
> >         Admin: http://delphi.org.nz/mailman/listinfo/delphi
> >         Unsubscribe: send an email to delphi-request at delphi.org.nz
> >         <mailto:delphi-request at delphi.org.nz> with Subject: unsubscribe
> >
> >
> >
> >     _______________________________________________
> >     NZ Borland Developers Group - Delphi mailing list
> >     Post: delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>
> >     Admin: http://delphi.org.nz/mailman/listinfo/delphi
> >     Unsubscribe: send an email to delphi-request at delphi.org.nz
> >     <mailto:delphi-request at delphi.org.nz> with Subject: unsubscribe
> >
> >
> >
> >
> > --
> > Kyley Harris
> > Harris Software
> > +64-21-671-821
> >
> >
> > ------------------------------------------------------------------------
> >
> > _______________________________________________
> > NZ Borland Developers Group - Delphi mailing list
> > Post: delphi at delphi.org.nz
> > Admin: http://delphi.org.nz/mailman/listinfo/delphi
> > Unsubscribe: send an email to delphi-request at delphi.org.nz with Subject:
> unsubscribe
>
> _______________________________________________
> NZ Borland Developers Group - Delphi mailing list
> Post: delphi at delphi.org.nz
> Admin: http://delphi.org.nz/mailman/listinfo/delphi
> Unsubscribe: send an email to delphi-request at delphi.org.nz with Subject:
> unsubscribe
>



-- 
Kyley Harris
Harris Software
+64-21-671-821
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://listserver.123.net.nz/pipermail/delphi/attachments/20090917/cd672085/attachment-0001.html 


More information about the Delphi mailing list