May 23, 2012 at 11:48 pm
During the three years at my last job, I wrote hundreds of scripts to assist in development. I had code snippets for basic syntax, examples of SQL injection, custom string functions, Powershell scripts, test harnesses, and so forth. I didn't take these with me because they were developed at my employer and I assumed that even though most of them were not ever part of an actual product, they were still source code that belonged there.
At my new position, I doing this all over again. Some things I'm rewriting from scratch, but most of it is new work because I'm dealing with a completely different system. I'm finding many of these scripts extremely useful and already bemoaning the fact that they don't belong to me.
How do other SQL Server professionals deal with this? Do they have scripts they take from job to job? Do they write the scripts at home, post them on a blog, and then use them for work that way? Or is the loss of useful scripts just an accepted part of having a steady job?
May 24, 2012 at 12:08 am
It's easy. I don't write the scripts at work. I write them at home and bring them into work.
You don't even need to be that careful, though, IMHO. If you're writing "common" code with usages previously available in the public domain, there's no reason why you can't have a copy of your own work. If it's proprietary, competition sensitive, etc, etc, you may still have rights to the code if you wrote it BEFORE you became a member of the company so long as you can prove that it's a part of the public domain.
On the flip side, you may have code that's a part of the public domain that you have to be careful with. If you applied it to or developed something proprietary or competition sensitive and the USE of the code is a new use not previously available to the public domain, then you cannot use that code for that USE elsewhere depending on both your NDA and Covenant Not to Compete. In fact, you could be held very liable if you even mention the new use for the code.
For example, I developed a new method for expanding hierarchies and presented it at PASS 2010. A year later, I was given a task at work to accomplish and used my new method there. I can still use that method any bloody place I want. I just can't use it for what I used it at work for 2 years (18 months left, actually) because of the NDA and the CNC. If they patent the method/usage combination, I can still use the method I created for other things because I created it before I started work there and it's already in the public domain, but I can never use the method/usage combination.
--Jeff Moden
May 24, 2012 at 4:20 am
Jeff Moden (5/24/2012)
It's easy. I don't write the scripts at work. I write them at home and bring them into work..
be carefull - most employment contracts have a little clause in for IP which states that no matter if you wrote the script on holiday in Hawaii at 2am while in a nightclub the intellectuall property still belongs to them because they own everything you do while you work for them... including IP that may be outside the scope of the core business area you work in....
i had a colleague who built a web site in his lunch breaks and the company lawyers took it off him
MVDBA
May 24, 2012 at 7:28 pm
michael vessey (5/24/2012)
Jeff Moden (5/24/2012)
It's easy. I don't write the scripts at work. I write them at home and bring them into work..be carefull - most employment contracts have a little clause in for IP which states that no matter if you wrote the script on holiday in Hawaii at 2am while in a nightclub the intellectuall property still belongs to them because they own everything you do while you work for them... including IP that may be outside the scope of the core business area you work in....
i had a colleague who built a web site in his lunch breaks and the company lawyers took it off him
Which is why I always draw a line through that particular sentence, with my initials and the date before I sign those things. (they are in virtually all consulting agreements as well).
[font="Times New Roman"]-- RBarryYoung[/font], [font="Times New Roman"] (302)375-0451[/font] blog: MovingSQL.com, Twitter: @RBarryYoung[font="Arial Black"]
Proactive Performance Solutions, Inc. [/font][font="Verdana"] "Performance is our middle name."[/font]
May 24, 2012 at 11:06 pm
michael vessey (5/24/2012)
Jeff Moden (5/24/2012)
It's easy. I don't write the scripts at work. I write them at home and bring them into work..be carefull - most employment contracts have a little clause in for IP which states that no matter if you wrote the script on holiday in Hawaii at 2am while in a nightclub the intellectuall property still belongs to them because they own everything you do while you work for them... including IP that may be outside the scope of the core business area you work in....
i had a colleague who built a web site in his lunch breaks and the company lawyers took it off him
Gosh... remember when none of this was necessary and the original 10 rules and a handshake was good enough?
--Jeff Moden
May 25, 2012 at 10:06 am
Jeff Moden (5/24/2012)
michael vessey (5/24/2012)
Jeff Moden (5/24/2012)
It's easy. I don't write the scripts at work. I write them at home and bring them into work..be carefull - most employment contracts have a little clause in for IP which states that no matter if you wrote the script on holiday in Hawaii at 2am while in a nightclub the intellectuall property still belongs to them because they own everything you do while you work for them... including IP that may be outside the scope of the core business area you work in....
i had a colleague who built a web site in his lunch breaks and the company lawyers took it off him
Gosh... remember when none of this was necessary and the original 10 rules and a handshake was good enough?
Actually, no, I don't Jeff. I've had to deal with this as long as I've been a professional consultant, which goes back to 1982. I've never had it any other way... 🙁
[font="Times New Roman"]-- RBarryYoung[/font], [font="Times New Roman"] (302)375-0451[/font] blog: MovingSQL.com, Twitter: @RBarryYoung[font="Arial Black"]
Proactive Performance Solutions, Inc. [/font][font="Verdana"] "Performance is our middle name."[/font]
May 25, 2012 at 10:23 pm
That's a real shame, Barry. It was always a pleasure to work with people who "respected the deal". I guess I was just lucky when it came to making deals with the right people.
--Jeff Moden
May 26, 2012 at 11:50 am
It's never really bothered me either though. Given the number of disreputable consultants I've crossed paths with, I find it perfectly reasonable that potential customers have "trust issues".
Plus, I've never really been a fan of "unwritten agreements". I find that they tend to lead to fractious misunderstandings and bad feelings later on. Writing it out in the beginning is fine with me. It always seems to lead to better endings, IMHO. 🙂
[font="Times New Roman"]-- RBarryYoung[/font], [font="Times New Roman"] (302)375-0451[/font] blog: MovingSQL.com, Twitter: @RBarryYoung[font="Arial Black"]
Proactive Performance Solutions, Inc. [/font][font="Verdana"] "Performance is our middle name."[/font]
June 7, 2012 at 2:49 pm
IMHO, if you use the company time to write the script then the script belongs to the company. But if the script has nothing to do with the company trade secret why not keep a copy for yourself so you do not have to start from scratch again. I do not think that any company would object to that. I believe that almost all programmers have their own code library. I always make copy of scripts/works so I can use for the next job and to show at the interviews.
Hai
June 11, 2012 at 2:10 pm
I always keep a copy of my own work elsewhere... specially since I've witness many times the HR lady coming down the aisle with a box to empty your desk.
Many friends have been let go without a chance to even look at their PC for personal stuff (well... you shouldn't have personal stuff at your work laptop anyway)
That makes me want to ask a question...
What do you guys use for your personal library? Do you use old fashion files on a folder and try to name it something meaningful or do you use specialized software?
mmm
I guess I should open a new thread for that.... brb,
June 14, 2012 at 9:45 am
I have typically been between Jeff and Hai here. If the scripts have nothing to do with the business, and are generic in the problem they solve, I'd keep a copy. I use the "cloud" heavily (DropBox/Live Mesh) and make sure I can get to things from multiple places. If nothing else, it's a DR plan.
I probably might find a lawyer with issues on this, but a script that migrates changes, or monitors performance, or something that's done at every employer (or should be done), I don't think I'm breaking the spirit of any law by doing this.
For things that are specific to the company (I've rarely done this) or their business, I wouldn't use the script elsewhere.
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June 15, 2012 at 11:12 am
A memory stick.
It's been 5 years and I haven't seen the 'HR lady with a box' yet, but if I do, the memstick gets stashed away, first thing.
June 19, 2012 at 7:25 am
bobt 46978 (6/15/2012)
A memory stick.It's been 5 years and I haven't seen the 'HR lady with a box' yet, but if I do, the memstick gets stashed away, first thing.
Make sure you have a backup somewhere. I've had memory sticks go bad on me without any type of warning. Although, I still use them all the time - so convenient.
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