Re: Software application copyright opinion

In article <[EMAIL PROTECTED]> "Roger Schlafly" <[EMAIL PROTECTED]> writes:
>"Lee Hollaar" <[EMAIL PROTECTED]> wrote
>> And this isn't one of those Roger Schlafly things where you don't
>> have to worry because nobody gets sued.  The cases, and threats
>> of litigation, are real and the careless programmer who thinks
>> that just because he didn't do a cut-and-paste he's home free
>> often loses.
>
>That wasn't the OP's reasoning. The OP carefully considered the
>issue, and drafted a plan of action that involves copying
>non-protectable elements, and bending over backwards to avoid
>being accused of copyright infringement. If he follows his plan
>and documents it, he is home free.

If his former employer sues for copyright infringement and trade
secret misappropriation, he might win, but he certainly wouldn't
be "home free" (unless somehow his defense costs were zero) unless
he could show that there was so little reason for the suit that
either Rule 11 sanctions or the fee-shifting provision of the
copyright law applies.  (But note that there is no comparable
fee shifting provision in most trade secret laws.)


>> It's not just a problem for programmers.  Think about a salesman
>> who goes to work for a competitor and uses his insider knowledge
>> about his former employer and starts calling on his old customers.
>
>It happens every day here in Silicon Valley. Programmers, salesmen,
>and others often specialize in narrow markets, and they have a right
>to change jobs and continue to earn a living in their chosen professions.
>Yes, there are sometimes lawsuit threats, but it never amounts to
>anything unless there is evidence of misbehavior that goes way
>beyond anything that has been discussed in this thread.

And every once in a while, there is a lawsuit where the person loses.

And that's what has to be taken into consideration when determining
the possible costs and risks.  Low probability times high cost can
still be significant.