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Taking your framework to the next job
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General information
Forum:
Visual FoxPro
Category:
Contracts, agreements and general business
Miscellaneous
Thread ID:
00090105
Message ID:
00090727
Views:
18
>Bret:
>
>If your question is more than theoretical, that is, you are comtemplating a move and wondering what you can take with you -- I STRONGLY suggest you ask a good intellectual property lawyer.
>
>Your question does not have a simple answer, but here is a little of the legal framework:
>
>1. The general knowledge of the language, the process of programming and application development that you carry in your head is certain yours -- even though it has undoubtely been expanded and improved on as a result of working for your present employer.
>
>2. The code, tables etc. that you have developed for your employer is his, and you may not use it unless you have that employer's permission.
>
>3. The code that your brought to the job is yours; even if you used that original code without change in your employer's application. By using your code in his application, you have effectively licensed your employer to use the code, but this does not reduce your right to use it -- even for the benefit of another employer.
>
>4. The enhancements you have added to your original code while in the employ of your employer, however, is, ordinarily, the employer's. That's a little rough, I know, but your employer did pay you for it. But, see below.
>
>All of this is further complicated by the fact that in the Anglo-American-Canadian system of law, you owe a greater duty of loyalty to an employer than you do to a person for whom you are working as an independent developer or consultant. Your obligation to a person for whom you are working under contract is governed by the contract. Your obligation to your employer is governed by any employment contract -- which usually includes a non-disclosure and confidentiality provision -- and a lot of case law going back about 600 years.
>
>I have always considered my application framework, including all my foundation classes, base procedures and functions, to be mine. I use them to speed up the development of applications for clients, but I do not give them away. To make certain that this is well understood, I put a paragraph in any contact I sign making certain that this base material remains mine as well as any enhancements I may make to these foundation materials during the period of my employment. I suggest you do the same to avoid any misunderstanding.
>
>Regards,
>
>j. m. edgar, j.d.

Right now this is all hypothetical for me. I'm not expecting to leave soon and I don't necessarily want to re-use the framework I have developed here. I was interested to see what UT users were doing about these matters.

Partly, I am interested in knowing how to make use of commercial frameworks when changing jobs. Many here recommend using them, but it seems as if, in order to continue using one, I would have to persuade each employer to buy the license for it, unless (1) I owned it and (2) the client wasn't getting any of my code. I suppose that, as one of you pointed out, my experience with that framework would be an employer's incentive to buy it and use it.
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