[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.
> > >
> > >
> > >
> > >
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> > >
> > >
> >
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> >
> >
> > --
> > Kyley Harris
> > Harris Software
> > +64-21-671-821
> >
> >
> > ------------------------------------------------------------------------
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> > Post: delphi at delphi.org.nz
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--
Kyley Harris
Harris Software
+64-21-671-821
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