Re: Software application copyright opinion

>> Well, I still disagree.  Just because he gained expertise
developing
>> an app for an employer, doesn't mean he can't use that expertise to
>> develop a similar app for himself.  That sort of thing happens all
>> the time. 
>> 
>     You can disagree all you want, but I agree with Lee.  Expertise is 
> one thing.  But creating a substantially similar or derivative work is 
> something entirely different.  And just because it happens doesn't make 
> it right.

The application in question here is a Word editor, which is a commonly
available application from several vendors. If the new application is
being considered a derivative work of previous application, by the
same rule, the previous application (that was written for the
employer) could also be considered as derivative work of word editor
applications that existed prior to that application. After all the
company got the "idea" of word editor probably after looking at
pre-existing applications.

By that rule, the future application is either a derivative of another
derivative. Or, if I look at this positively, the previous application
took the "idea" (which is not copywritable) from pre-existing
applications and I want to take the same "idea" for my future
application in the same manner.

R. Kaushik