Re: How do I approach this?

If I was your manager you would have a very hard time convincing me this was
not done as part of your work.

1) The original idea was suggested by someone at work.
2) The application is targeted at your company's business.
3) You have taken direction from people at work both in design and in
implementation.
4) You have incorporated code provided by your work.

While you are certainly free to use this to get a better position, that fact
that you did this at home has little bearing on the issue if you are on
salary. If you are hourly or on contract as a consultant working for
yourself or another company (even a company of one), then you have some room
to bargain. But, even then without a clear up-front understanding the
points above would make it difficult to argue for it not being work for
hire.

Michael


"Phil" <Phil@xxxxxxxxxx> wrote in message
news:ddj94q$34r$1@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Whoa, this is getting heavy guys!!!
>
> Without reading back these threads, let me clarify a couple of
> points......and sorry for not doing so sooner.
>
> Our small department started providing technical support over the
> telephone some months ago. At that time, and it is still so as I write
> this message, the method of logging such calls was on a simple excel
> spread***.
>
> We had a dept. meeting in which one of our managers made an 'off-the-cuff
> comment' that it could really do to be something like an sql database. I
> piped up that I could probably do something like that.......and nothing
> more was said.
>
> I went away and worked on this at home. At some time later I informed the
> manager that I was close to having something ready, at which point he said
> he didn't think that I was serious (at the meeting) when I said I could do
> something!!
>
> The helpdesk has since grown in calls and the company has decided that
> they would grow this function in resource (ie. manpower) and provide
> support for more services.
>
> My intention during development was that we (the dept.) would run the
> database under MSDE on one of the dept's PC's. I was told that it would be
> better on the corporate sql server and this seemed appropriate. At this
> point my manager asked me to liaise with the IT development manager, which
> I did. I provided him with a copy of the sql database that I had been
> using for development and he has since put it onto the sql server for me
> to use. He also provided a dll which retrieves the connection string from
> the server so that, should it be moved, then the app would not need to be
> modified!!
>
> This week I demo'd the app. by installing it onto my managers laptop, and
> was asked if I would mind making some minor changes/additions, which I
> have now done. I am yet to provide a final copy and so it is not yet being
> used.
>
> I think I have now provided all of the background.
>
> Does this new or additional information change anyone's viewpoint?
>
> Thanks to all of you.
>
> Best wishes, Phil
>
>
> "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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