Re: How do I approach this?

The most complicated part of this is that your employer is using the
software before you have an understanding about ownership. It is always
better to get a written agreement prior to their use of the software,
because they can claim that it was a "work for hire". Even if you use your
own time and equipment if the work product is directly applicable to their
business it gets very complicated to sort out after the fact. I have had to
walk away from work I did on my own time/equipment because it was not worth
fighting them on it. Proving it was on your own time and equipment is
another matter as well. If you are doing any "testing" or "bug fixing" on
their time you further complicate the situation. You really need to discuss
this with your management and get a written understanding on this, or
effectively they will own it, and could make things very hot for you if you
withhold the source once they claim ownership. I can not stress this
enough. Do not assume you own it until you have clarified this with them.

Michael


"Phil" <Phil@xxxxxxxxxx> wrote in message
news:ddiqlc$pg7$1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>I value of all your views and response's, thanks.
>
> Just for additional info. I am in the UK. The 'app' was written on my own
> laptop using my VS.Net s/w.
>
> My primary interest in doing this was to use it as a tool to possibly gain
> employment 'in the industry'. Hence my request to have some sort of
> acknowledgement in my personnel file, or perhaps even a separate
> company-headed letter detailing the specifics and its benefits to the
> company.
>
> I feel that I should be able to request/expect this WITHOUT having to
> provide the source code. Please be aware that, at this stage, I have not
> informed my boss of this concern and it is very possible that he may fully
> understand. I was really just wondering if anyone reading this had been in
> a similar position and how they tackled the whole thing.
>
> Please continue with your comments and respond back. There must be (or
> will be) many more people in a similar position.
>
> Best regards,
>
> Phil
>
> "Steven Wilmot" <steven-news@xxxxxxxxxxxx> wrote in message
> news:eoxZiR2nFHA.3828@xxxxxxxxxxxxxxxxxxxxxxx
>>
>> "Phil" <Phil@xxxxxxxxxx> wrote in message
>> news:ddgf58$fca$1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>>> Hi all,
>>>
>> [...]
>>
>>>
>>> I am not employed as a programmer/developer and my contract mentions
>>> nothing about this. I have developed the app. in my own time at home,
>>> with
>>> the exception of some limited testing within our intranet (probably 98%
>>> at
>>> home).
>>>
>>> Now, I have verbally agreed to allow use of this app. with an
>>> understanding that the effort will be acknowledged in my personnel file.
>>> I
>>> am happy with this!! However, I am concerned as my boss made a comment
>>> recently regarding the source code. I do not feel that I should be
>>> providing this but do not know how to broach my concern.
>>>
>>> What do you guys think about all of this??????
>>>
>>> Phil
>>
>> My personal view on this (I'm not answering this from a legal or
>> authoratitive point of view) is that you are talking about an application
>> fully written by you in your own time at home.
>>
>> If your company feels that such an application is so valuable, then it
>> should do one of the following:
>> i) Discuss with you the possibility of purchasing the source code from
>> you, or licensing the product's use
>> ii) Realise that it is currently using the software for free, and that
>> you would be within your rights to request that they stop using it.
>> iii) COme to some other compromise agreement.
>>
>> S.
>>
>>
>>
>
>


.

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