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this post was submitted on 16 Nov 2023
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Programming
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Doesn't matter if you write it in code or chisel it on a stone tablet. It is still the companies intellectual property.
Think of it this way: You film a movie which for whatever reason doesn't get published. This doesn't give you the permission to write a book containing the same story, just in writing. The story is still owned by the film studio. The same reason applies to published material: You are not allowed to write a Star Wars story without approval from Disney, the copyright holder. Fan fiction exists in a gray zone for exact this reason.
You're sort of missing the point. Two programming implementations are never the same if you rewrite them from scratch for anything but the most trivial program. It wouldn't be a copy of the original and it would have a unique, if similar, implementation. It's not as clear cut as you suggest (at least not for the reasons you suggest, but IANAL.)
Legally it is quite clear. Taking a description of a closed source program and writing a new one is ok in most cases (unless that description is API docs - see Cisco vs Arista). Taking a look at closed source software and then implementing your own version is poison as far as OSS goes. OP implemented the first version, so that's already a problem. They may get away is they describe what the program does to someone else and let them implement it, but OP would not be able to touch the source code
I agree. Particularly because it's less about the truth and more about what can be proven in court. But even more, they don't want to pay a lawyer a bunch of money to defend this even if you could prove it beyond a shadow of a doubt. You can tell by the way they didn't want to pay a lawyer to answer this question.
Having seen original source code hasn't been an issue in previous cases where the reimplementation was done in another language with the changes one would expect coding up something a second time, I believe
It is not about the code line by line, but the functionality that OP created for their employer. And yes it is not clear-cut in the sense that in Oracle vs. Google it was AFAIK decided that the idea of the
toStringMethod does not fall under copyright. However, a software that fills a specific need for a company and is then re-implemented/released by an employee? You can bet your ass you are in for at least a lengthy battle in court.Yeah being right doesn't protect you from a company firing your ass and suing you
You can absolutely write a Star Wars knockoff, though. You just can't call it that. There's some gray line in there somewhere.