RE: [Nolug] RMS vs Cisco (Round 1 *ding*ding*)

Hi Jeremy

> By saying that the original author's
> copyright overrides any claim you have to your code, you are allowing
> the original programmer the ability to benefit from another person's
> work. THAT is a problem.

There was an agreement (copyright) in place before you did your work. I
understand that you don't like it but you don't have the option to unilaterally
change it. Your right begin where the author's end. The author's rights
include how his creation is used.

If come on my land and build a house then you own nothing.

>> Also, I might consider it a negative incentive to see a company pick up
>> something I wrote and sell it. They make money off my labor and I get
>> nothing.

> That is a different ball of wax.

No, it's a big ball and this is just another aspect. You can't make a global
statement then later claim it only applies in limited cases.

> Consultants are different. They share ownership with the client the
> last time I checked into it.

A "work for hire" is owned by the person who pays for it, in general. Many
consultants negotiate other arrangements, however.

> This is all predicated on the assumption that the author allows you to
> patch his work. If he allows you to patch, his rights should not
> extend to the code that you have written since they are not his code.
> Simple as that.

You agree that it is the author's right but you err in saying that if he decides
to waive this right that he must do so entirely, and not partially.

Remember that house you built on my land? I might agree to let you use it some
of the time in return for building it.

Regards,

John

   John Souvestre - Integrated Data Systems - (504) 355-0609

> -----Original Message-----
> From: owner-nolug@stoney.redfishnetworks.com [mailto:owner-
> nolug@stoney.redfishnetworks.com] On Behalf Of Jeremy Sliwinski (mailing list
> account)
> Sent: Sunday, December 14, 2008 3:44 PM
> To: nolug@nolug.org
> Subject: Re: [Nolug] RMS vs Cisco (Round 1 *ding*ding*)
>
> John Souvestre wrote:
> > Hi Jeremy.
> >
> > > I think you may have take the term incentive to little. I'm not
> > > talking about compensation, I'm talking about the ability to enjoy the
> > > fruits of one's time and effort.
> >
> > I do count money as an incentive, but I agree that it isn't the only one.
> The
> > rest don't go far when it comes to paying the rent, however. Or are you
> just
> > considering part-time programmers?
>
> No, programmers in general, but limiting it to hobby programmers might
> be more apt for this discussion. By saying that the original author's
> copyright overrides any claim you have to your code, you are allowing
> the original programmer the ability to benefit from another person's
> work. THAT is a problem.
>
> > Also, I might consider it a negative incentive to see a company pick up
> > something I wrote and sell it. They make money off my labor and I get
> nothing.
>
> That is a different ball of wax.
>
> > > Unless you have entered into an agreement AND are compensated for your
> > > time while creating, the results of your effort are yours.
> >
> > So your view only applies to hobby efforts?>
>
> My comment refers to employer/employee arrangements, where the rule is
> that if you are in an agreement with the employer to write code for them
> on company time, ownership of the rights to the code go to the company.
>
> Consultants are different. They share ownership with the client the
> last time I checked into it.
>
> > His rights include disallowing you from patching his program. Why you
> wrote the
> > patch and the amount of time you spent doing it is irrelevant. The
> author's
> > rights existed before you started.
>
> This is all predicated on the assumption that the author allows you to
> patch his work. If he allows you to patch, his rights should not
> extend to the code that you have written since they are not his code.
> Simple as that.
>
> J
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Received on 12/14/08