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Solutions for When Managers Hijack Your Code?

Chiggy_Von_Richtoffe asks: "Two friends of mine work at a warehouse distribution center. First, they are customer service representatives, not paid developers. Secondly, the are developing the software in their spare time to make their jobs easier using MFC and HTML. Their bosses have already talked up the idea behind their backs, and then came back to them with a deadline to release the (in-house) software, on a national level. However, they haven't had time to release their first version, and the bosses don't even know what the software can do nor even what it looks like. There is a feeling that the bosses may pat them on the head and run with the software for their own promotions. What should they do?"

108 comments

  1. hwah? by yagu · · Score: 5, Insightful

    I'm not even able to figure out what question is being asked here.

    • are the programmer upset something they developed in their spare time is now being required and with a deadline? (and what does "in their spare time" mean?, it can have implications over different discussions (IP, etc.))
    • are they upset because now it's going "national", (and what the heck does THAT mean?)

    It sounds to me like they've created something, probably wanted to show the bosses to get some love pats (btw, DON'T DO THAT! HAVE YOU NOT BEEN READING RECENT /. ARTICLES?). And now, they're upset because the bosses want to run with the stuff. That's kind of what happens. Sounds like the "service reps" were a little naive, and the bosses were greedy and stupid.

    (Aside: I used to work in IT, and if service rep people wanted to roll their own, there was little to be done to stop them. But PHB's who were gushing over these home grown "apps" that were successful talking the rest of the company to adopt and deploy ALWAYS ended up costing the company tons of money.... the apps were never scalable, maintainable, compatible with anything else. I'll allow that it's possible but I've seen this kind of scenario many times, and they've NEVER brought positive ROI.

    1. Re:hwah? by Geoffreyerffoeg · · Score: 1

      I think they wrote some kind of organization program to help themselves in their job, and the bosses want them to clean up the code and copy it to every customer support guy's terminal. On a deadline.

  2. Go around them by Anonymous Coward · · Score: 0

    Go around the managers. Or find a new job

  3. Bargain by cheeseSource · · Score: 5, Insightful

    If they're doing it on their own time then they have control over it. They should license it to the company.

    --
    (Sponsored by cheeseSource for President 2012)
    1. Re:Bargain by 0kComputer · · Score: 4, Insightful

      If they're doing it on their own time then they have control over it. They should license it to the company.

      Unfortunately a lot of companies have IP clauses in ther contracts w/ employees. For example, I used to work for IBM and they had first dibs on anything I developed, whether it was on company time or not.

      --
      Top 10 Reasons To Procrastinate
      10.
    2. Re:Bargain by cdwiegand · · Score: 1

      In most places, that's unenforceable. Admittedly, though, IBM does have an Army of Lawyers. But most companies don't have one..

      --
      . Define sqrt(x) as something really evil like (x / rand()), and bury it deep. Watch your coworkers go nuts.
    3. Re:Bargain by Stocktonian · · Score: 2, Insightful

      LOL
      That's a good one. Without knowing which country the OP is talking about we don't know exactly what the deal is, but for a lot of countries everything created whilst working for your a company becomes property of the company. Even if it is in your own time. The only exception is when your job has no relation to your "hobby project". For example, writing some software while working as a waiter.
      This clearly isn't the case as the OP states they are writing to make their job easier. It's sad but that's just the way things turned out.

      --
      XePhi Computers sell really cheap Linux CDs! http://www.xephi.co.uk
    4. Re:Bargain by jfisherwa · · Score: 2, Interesting

      Keep in mind that these employees aren't developers and it is likely the company had no intention to ever put them in such a role. Licensing it to the company is exactly what they should do.

    5. Re:Bargain by Anonymous+Brave+Guy · · Score: 2, Insightful
      Unfortunately a lot of companies have IP clauses in ther contracts w/ employees. For example, I used to work for IBM and they had first dibs on anything I developed, whether it was on company time or not.
      In most places, that's unenforceable.

      In that case, a surprisingly large number of people seem to get screwed by unenforceable contractual terms. :-(

      When my employer (after being bought out) tried to stick "all your IP are belong to us" terms into the new contract everyone got, at least half the dev team expressed their negative opinions pretty vocally, and the changes from the previous terms in this area were dropped.

      On the other hand, if the stuff you've developed is on company time, using company resources, or clearly related to your role at the company -- and it sounds like the latter applies here -- then I would expect the employer to have first claim over it, even in a contract that says anything other than those categories is yours.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:Bargain by fbg111 · · Score: 1

      If they're doing it on their own time then they have control over it. They should license it to the company.

      Unless they're using company equipment, in which case the company can make a strong legal argument that they financially supported the development of the software, and hence the ip belongs to the company.

      If you're a developer working for a company and building your own software on the side and you want it to be legally clear that your side work belongs to you and not your employer, you can't use any employer resources whatsoever - time, equipment, etc. Not even a pencil, legally, though something so minute would be difficult to prove in court.

      --
      Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
    7. Re:Bargain by oliverthered · · Score: 1

      In that case, a surprisingly large number of people seem to get screwed by unenforceable contractual terms. :-(

      I think that includes anyone who has ever clicked a EULA.

      A lot of the content in EULA are unenforceable even if clicking I Agree formed a binding contract between you and the publisher, but people still put up with the crap in the EULA and still try to play by it's rules. I;m also doubtfull that DRM if legally binding under copyright law, what happens when copyright expires on the DRM'ed data.

      --
      thank God the internet isn't a human right.
    8. Re:Bargain by Anonymous+Brave+Guy · · Score: 1

      No offence, but you're not a lawyer, are you? Unfortunately, as much as I wish your beliefs and doubts were justified, a lot of what you wrote sounds very unlike what lawyers in prominent jurisdictions say on these subjects. :-(

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Bargain by oliverthered · · Score: 1

      I am not a lawyer but I have read a lot of European contract law, things like Reverse engineering are expressly permitted under European law even if I click on an EULA that says otherwise. It may be different in the US where you can probably sign you soul away in a EULA.

      --
      thank God the internet isn't a human right.
    10. Re:Bargain by vbrtrmn · · Score: 1

      In the US, we are no longer issued souls. At birth they are ripped out of us and sold by the federal government to Microsoft, WalMart, and other large evil(tm) companies.

      --
      it's a sig, wtf?
    11. Re:Bargain by Anonymous Coward · · Score: 0
      In most places, that's unenforceable

      Wrong!

      Whether your (ex) company care and if you'll get caught or not is a different question entirely, but assuming you are, you're fucked.

      I wish I could find it, but a couple weeks ago, I read a case where an employee was sued by a former company over a disassembler he wrote, unrelated to his job, and most of which was written prior to his employment. He showed it to a manager, they didn't show much interest in it. He left the company, then they sued and got all the rights to it.

    12. Re:Bargain by bigmouth_strikes · · Score: 1

      > I used to work for IBM and they had first dibs on anything I developed, whether it was on company time or not.

      Did they assume legal responsibility and liability for anything you developed, company time or not ? Didn't think so...

      --
      Oh, I can't help quoting you because everything that you said rings true
    13. Re:Bargain by kcb93x · · Score: 1

      I currently work for IBM (Global Services). When I signed the paperwork, there was a blank field area for me to write it any exceptions to the "anything you do while working for us is owned by us" clause.

      I put in the stuff I'm working on on my own.

      A previous possible job, I sold some old computers to my father's work for use as build machines. They then didn't want to tie up their expensive engineers to set them up - 1- they cost alot per hour. 2- they didn't quite know what they were doing. So I was going to be brought in (as the tech who'd worked on them at their previous location)

      Manpower is *THE* contracting firm for said company. Manpower had the IP clause in there, without a "here's the exceptions." I asked if we could strike that clause, since I wasn'tbeing brought in to do any development, and would only be there a week or two. The Manpower rep said I'd have to get in touch with their legal department.

      I said I wasn't interested.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    14. Re:Bargain by stanmann · · Score: 1

      Well, if he hadn't showed the manager, he would have been fine. Of course you could also be an AC blowing smoke.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    15. Re:Bargain by NateTech · · Score: 1

      Unenforceable doesn't mean you won't have to pay a lawyer to defend you.

      How much "justice" can YOU afford?

      --
      +++OK ATH
  4. I wonder. by Creepy+Crawler · · Score: 3, Funny

    Lemee see.. People are taking your projects behind your back.

    Those people havent tested it upon anybody.

    Those people probably havent debugged it well.

    Those people arent qualified (Customer service reps).

    The managers are supporting them. ... What in the hell do you think?? RUN, and RUN QUICKLY.

    --
  5. Simple solution by Digital+Dharma · · Score: 5, Interesting

    1. Make grandiose promises to inept managers regarding capabilities of software

    2. Play Xbox until deadline for "RTM" arrives

    3. Deny and involvement with manager's pet project.

    4. Laugh uproariously as former managers are escorted off the premises by security for their complete and utter failure to meet deadline

    Personally, I would do my best to make them look as stupid and inept as possible. You might just be doing other underlings a favor in the long run. They'll be much less likely to use subordinates in the future.

    --
    End of Line.
    1. Re:Simple solution by Madoc+Owain · · Score: 3, Funny
      1. Make grandiose promises to inept managers regarding capabilities of software

      2. Play Xbox until deadline for "RTM" arrives

      3. Deny and involvement with manager's pet project.

      4. Laugh uproariously as former managers are escorted off the premises by security for their complete and utter failure to meet deadline

      Step 5: Profit!

    2. Re:Simple solution by override11 · · Score: 1

      That is what we like to call 'BOFH' style =)

      --
      No I didnt spell check this post...
    3. Re:Simple solution by Alphabet+Pal · · Score: 1
      3. Deny and involvement with manager's pet project.

      4. Get fired for ever disagreeing with the overlords. Remember, your bosses boss, his boss, and his boss, all the way up, are all managers. They stick up for their own. Not you.

      --
      Because you can't spell "slaughter" without "laughter"
    4. Re:Simple solution by sysadmn · · Score: 1

      A fundamental rule of business is that you are never, ever hired to make your boss look bad. Disregard this at your peril.

      --
      Envy my 5 digit Slashdot User ID!
    5. Re:Simple solution by Anonymous Coward · · Score: 0

      Why make your boss look bad when they can do that just fine all by themselves?


      And your site sucks a fat man's ass, by the way. You need to learn how to hyperlink correctly and use spellchecker.

  6. Their Time or Company Time? by HighOrbit · · Score: 4, Insightful

    If it is done on their own time and dime, then they should register a copyright and use it to bargin a payraise/promotion.

    If they are doing it on company time, then it probably belongs to the company, and they are probably screwed.

    1. Re:Their Time or Company Time? by morcego · · Score: 1

      There is a 3rd possible scenario: their time, using company resources (computers, internet connection, eletric power etc).

      And that is when things get nasty.

      --
      morcego
    2. Re:Their Time or Company Time? by D.A.+Zollinger · · Score: 1

      I think HighOrbit hit the nail on the head. From the impression I got reading this, it sounded like a couple of Customer Support guys who between phone calls maybe wrote a web page (or something similar) to help them track customers, orders, returns, etc. for their own usage. Manager sees it, asks them about it, they talk it up, and give informal demo, manager runs to his superiors, and talks it up as something his dept. is coming up with to make customer support better. His superiors (director or VP) tell him that sounds good, and they want to see it implemented corporate-wide (nationally) for all customer support centers.

      Now, Manager has put himself in a difficult position. He doesn't know the capabilities of the system (it might work fine for a couple of guys who are just shaing information between each other, but would not work well for dozens of call centers all over the country). He doesn't know what it would take to bring the system up to his expectations - and most likely couldn't even verbalize his expectations if he wanted to. So, he defaults back to manager basics - puts a deadline on it, and sets the project up as pass/fail, which would reflect upon his subordinates more than himself.

      In this situation, what the Customer Support guys need to do is copyright the project. This is definately outside of their scope of responsibility as Customer Support representatives, and while they may have worked on it during company time, so far, they have not been compensated for the work. Once they can demonstrate legal ownership of the project**, they can work up the chain of command. Talk to their manager, and schedule a meeting with their manager and his superior to reiterate the project - so that the director/vp gets the information from the horses mouth. Demonstrate willingness during that meeting to refocus efforts to completing this project for use company-wide (with assistance from their IT dept[chances are, the program is most likely hosted on one of their computers either as a webserver/db or fat client program]). Propose a reasonable deadline with mile-markers, and goals along the way - along with a proposal for supporting the software once it has gone into production.

      Communication is key, and resonable demands can provide for a good outcome. Let your desires be known, and demonstrate a willingness to compensate, and work to come to a good conclusion. If they do it right, they may get a pay raise, or a new position out of this adventure.


      **This is done for the employees security. The company could try to claim ownership of the program, but if they tried to steal the program as it is now, they would piss off the only developers of the software, and with it being incomplete, the company would most likely toss the program than try to fix it/make it work. This gives the developers a bargaining chip when it comes to negotiations. Don't hold it over your boss and your boss's boss head. Just make sure that if all negotiations fail, and they are not reasonable in their requests (I would consider maintaining current pay rate unreasonable for the extra work) that you have an alternative - quit work there, finish the project, and sell to other companies in your industry, or who operate Customer Service departments.

      --
      I haven't lost my mind!
      It is backed up on disk...somewhere...
    3. Re:Their Time or Company Time? by erlenic · · Score: 1

      If they developed it on company equipment, there is no way they are going to get the copyright themselves. Whoever provides the capital used is going to get it, in this case the company. Now if they developed it at home on their own time, they can probably get it.

  7. Backdoors & "Phone home option"? by sl8r · · Score: 1

    Put in some backdoors, or a phone-home option to some off-premise server and see what happens when the brown stuff hits the whirly thing.

    1. Re:Backdoors & "Phone home option"? by Eli+Gottlieb · · Score: 1

      Throw in a logic bomb that'll require a payraise to fix.

  8. Rm -rf? by lemkepf · · Score: 1

    What's this rm-rf command??

    Woops...

    Sorry boss, for some reason the code's all gone. It might take a hefty pay raise or a nice licensing fee to get it back!

    mwahahahaha

  9. The bosses haven't even seen it? by mrobinso · · Score: 1
    Software? What software?


    End of problem.

    --
    -- Karma whore? You betcha. --
  10. Contract by x00101010x · · Score: 3, Interesting

    If they developed it on their own time (and preferably at home, not using company computers), then it's their IP. It's not part of their job description, and it's very unlikely they're getting paid enough to be developing software on a work-for-hire basis. So...

    What they should do is draw up a contract/proposal, detailing the features, testing proceedure, launch proceedure, and compensation. If they don't actually want to do it, just put a huge price-tag in there. Of course, any price tag will probably make the manager balk as he/she probably thinks they're getting this new system/utility for the $9/hr they're already paying these guys.

    --
    DONT PANIC
    1. Re:Contract by gallen1234 · · Score: 2, Informative

      If they developed it on their own time (and preferably at home, not using company computers), then it's their IP.

      It's not quite that simple. If they did it in the office, using the company's resources, then the company probably has a claim. It also depends on their employment contract. Some give the company rights to any material including software developed by an employee regardless of when or where it was developed during the period of employment. You can argue that such terms are unconscionable and wouldn't stand up in court but asserting such a claim would be a long, painful and expensive process that would have serious negative career consequences.

      Of course, IANAL.

    2. Re:Contract by Anonymous Coward · · Score: 0

      Right, but all those problems are kind of moot. If the people who started writing it stop writing it, the company gets nothing. This doesn't sound like the kind of manager who could hire a contractor or get the job done on rentacoder. If the company doesn't want to hire them as developers and pay them according, get another shit $8.50/hr customer service job. Keep in touch with old co-workers, and when the asshole manager moves on, contact the new one with a proposal.

      This involves about as much "who owns what" legal considerations as a baseball team striking against the owner. Sure, the owner can have a team with no players if he wants, and the players can get jobs selling real estate. The company can continue without the software, and the two dudes can continue being customer service reps there or somewhere else. But to get ahead, they have to work together. If the company won't work with them, and just demands they be developers as well as phone reps now, then you have to leave.

    3. Re:Contract by x00101010x · · Score: 1

      I seriously doubt an employment contract for customer service reps at a warehouse would include rights to software developed on their own time.

      --
      DONT PANIC
  11. What should they do? by Threni · · Score: 0, Redundant

    "What software?"

  12. Having worked in customer service at one point by Anonymous Coward · · Score: 0

    These jobs are easy to come by. Tell them to look for new work. Their bosses are tossers. Tell your friends to quit after finding new employment.

    Problem solved.

  13. Tell them it's GPLed by nicholaides · · Score: 2, Funny

    They should claim that it already released under the GPL. That should scare them off.

    --
    http://ablegray.com
  14. Give them what they ask for by the+dentist · · Score: 1

    I say they should give them the software on time, with some convenient "extra features." If you catch my drift. If the managers want to be assholes, recipcrocate.

  15. Quit. Release the Software as Shrinkwrap Product by FFFish · · Score: 1

    Quit.

    Then release the app as your own product.

    --

    --
    Don't like it? Respond with words, not karma.
  16. It depends on their job by geremy · · Score: 1

    If I develop or invent something during my spare time, it still belongs to the company. It depends on the agreement you signed when you began your employment.

    --
    geremy
    1. Re:It depends on their job by Anonymous Coward · · Score: 0

      And you took that job? ouch...

      On a more serious note. If they don't have a clause that specifically states their employer owns anything they write at work or on the employers equipment, I'm pretty sure it's wholly theirs (check w/ you're lawyer first...).

      Or do what i do when i write any code for myself while i sit at work (I'm not a developer so this works), I tell my manager about it and describe it poorly and try to pick a bad time. My manager passes on the code, so I own it. Of course it does help that my manager's eyes glaze over and she blacks out whenever I mention something remotely technical.

  17. On every screen by tsm_sf · · Score: 2, Funny

    "WRITTEN BY JOE & BOB, Warehouse #5"

    Seriously... sit down with the boss and tell him your concerns. If he's a decent person he'll do something to alleviate them. If he's a shifty fuck then you need to realize that getting credit for software is not your largest problem.

    --
    Literalism isn't a form of humor, it's you being irritating.
  18. no downside at all by ajrs · · Score: 1

    if it works, all they have to do is stick their names on it and parley the sucess into positions as developers.

    if it doesn't work, stick the managers name on it.

  19. Jail time? by mindaktiviti · · Score: 1

    You mean jail time? I think that's what happens.

  20. What I would do... by paladinwannabe2 · · Score: 4, Insightful

    If I developed it on my "own time"- when I wasn't at work- then I would tell the managers that it's my software, and would be happy to liscense it to them, once I'm finished with it and have opportunity to test it. If I developed it "on company time when I was bored anyway"- then I would tell the managers that quality software takes time to develop, and if the deadline is unreasonable, warn them you won't be able to make it. If the manager(s) try to steal the credit, intelligent people will still realize that the managers didn't write the program. Also, if it's good enough to go to the national level, then the managers deserve some credit for recognizing that anyway. What sort of idiots the managers are will affect what will work and what doesn't. Your friends will know beter than me.

    --
    You are reading a copy of my copyrighted post.
  21. WTF? by Anonymous Coward · · Score: 3, Insightful

    Wow...this sounds like so much bullsh*t.

    1. MFC and HTML? WTF? What does that even mean? How are MFC and HTML integrated at all?

    2. "In their spare time?" What does that mean? Their "spare" time at work? Too bad. If you worked on something on your company's time, it is theirs. If you worked on it on your own time, it is yours.

    3. Their managers don't know what the software can do but they're "talking it up" and releasing it across the country? Yeah....that's likely.

    4. How can managers "hijack" your code? You work for them. Anything you do in their supervision is their responsibility. How is that hijacking? They may "run with it" for their own promotions? WTF!!!???? Instead of what? Promoting these guys to vice-presidents? Get real. Do you really think these guys should be revered as gods throughout the company, for writing this? All you will ever get, even as a developer, is a salary, and perhaps, if you're lucky, a "good job". You will NOT be promoted for coding anything.

    Man, I am so tired of these whiny questions..."My boss blah blah blah". It's a job. Grow up, and figure it out.

    1. Re:WTF? by Profane+Motherfucker · · Score: 2, Insightful

      And let's not forget: "What should they do?"

      How about keep your fucking mouth shut until you actually have something? Sounds like the people who are really talking it up are the very people bitching about other people talking it up.

    2. Re:WTF? by GreyWolf3000 · · Score: 1
      1. MFC and HTML? WTF? What does that even mean? How are MFC and HTML integrated at all?

      Duh. .NET

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    3. Re:WTF? by benjamindees · · Score: 1

      This guy is typical.

      The lesson to be learned here is: if you automate your job, keep it under wraps. Sure as hell keep control of it.

      Because jackasses like this would love to fire you or cut your salary for making your job easier.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    4. Re:WTF? by bergeron76 · · Score: 1

      And he even said that they're using MFC to make their lives _easier_.

      Heh...

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    5. Re:WTF? by danielrose · · Score: 3, Funny

      1. MFC and HTML? WTF? What does that even mean? How are MFC and HTML integrated at all?
      Dear Employee,
      You will know that MFC and HTML form part of our synergy of vertically integrated products, allowing a shorter development timeframe, an empowering, scalable and future-proof across multiple client-based platforms.
      This is just the tip of the iceberg in our results driven proactive marketing plan.
      We're really pushing the envelope here, and it seems you are out of the loop. We really need you to ramp up your knowledge base, to facilitate the kind of leverage we need to monetize our best of breed product.
      If you review our vision statement, you will see that we are aiming to be the client-based, goal-setting, bleeding edge, result-driven leader in the information superhighway of the future.
      Please keep this in mind.

      --
      i hate pansy republicans
  22. they should by jessecurry · · Score: 0, Redundant

    work on the code;
    make sure that it is known that the code is not meant for release, but is just an aid in their work;
    include some serious backdoors into the code;
    ???????;
    profit!;

    --
    Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
  23. What do you mean "spare time"? by zymurgy_cat · · Score: 1

    What exactly is meant by spare time here? Is it downtime they have while on the job? Or is it developed at home on non-work time? This will greatly help determine whose code it is and what they can/can't do with it.

    Keep in mind, however, that that's not all there is to it. Is the software currently deployed/hosted on company servers? Are they testing it at work or on work-related files/datasets/etc? Can be it be used for any company or is it designed so specifically that the average person would realize it was designed for the specific company? Even if they did this on their "own" time, if it uses enough company resources or is so closely tied to the company's business process, the company would have a very good chance at simply saying, "You volunteered this work but it's still out IP" and getting their way with it.

    --
    -- Fugacity: Confusing chemists since 1908
  24. Don't DO that! by Bastian · · Score: 2, Informative

    Seriously. Don't develop apps for work in your spare time. Just don't.

    You may think of it as a fun side project, but your boss will invariably think of it as overtime. Nowadays, it doesn't make a damn bit of difference if you did it from home, either. Everyone brings work home with them all the time, so if you try to argue that it wasn't something you did for work because you did all the programming at home, your boss is either going to laugh at you because you've done plenty of work at home for him in the past, or, if he's clueful, he's going to laugh even harder because he knows that installing this software on the company servers is not something you can do from home.

    Now I'm all for putting limits on what work can ask you to do on your personal time, so the boss shouldn't expect you to start working mandatory overtime to complete this app, but if he wants to shuffle some duties around and make development of this your primary responsibility, well, tough luck, but you were asking for it.

    1. Re:Don't DO that! by northstarlarry · · Score: 1
      I agree. I have always thought that if you find something at work which you can do to make your job easier/more efficient, the first thing you need to do is propose it to your managers. If they say it's good, go for it. Otherwise, you are setting yourself up for some variation of this scenario that is being asked about here.

      In the long run, your employer sets the terms of your employment, and if you have made it clear that you could do your job a little bit better by doing some side project or other, but your managers don't like the idea, your employer ultimately is the one who bears the cost of that inefficiency. You have to take the attitude that if they don't want to let you help yourself, then they can only expect so much from you.

  25. A developers, and managers view point. by voxel · · Score: 2, Informative

    (I've been both, and currently am operating as both at the same time).

    Assumption I am making:

    1) There is a likely chance that you worked on this software durring office hours, after all, you developed it for this specific job. You are not a contractor, you are a full time employee. This makes it difficult for you claim it is yours because you developed it for your specific job. The only thing you really have going for you, is you are not a "developer". The assumption I will make here is that the company owns it, because if they see value in it, you'll get threatened with lawsuit if you claim you own it now. You probably signed a non-compete agreement anyways, saying you can't work on company related things at another company (OR YOUR OWN TIME). If its company related, they own it no matter what. Sorry.

    You should expect recognition for your efforts outside your normal job. You could even get a promotion, into development, or maybe a bump up on the salary pole in customer service. As an engineer, I would actually expect something in return for this effort, if it turns out to be a large scale solution to a bigger problem. If you don't get anything, what the hell, you have a customer support job, quit and now go get a development job with this on your resume.

    Your manager has a bigger objective, most "managers" have fallen into the trap already and are trying to climb the corporate ladder. He will be trying to get a big raise or promotion.

    It makes more sense for a manager to get the raise/promotion, after all, he is responsible if everything goes WRONG not the engineer. Alot of people assume the opposite, if everything goes right, reward the engineers, but if everything goes wrong, the fire the manager. This isn't the case, and that is how its observed from above. Most "engineers" observe it "I get the reward if everything goes right, and my Manager is fired if I fuck up", that's NOT the case. Sorry.

    Your case is fuzzy, because the Manager wasn't originally responsible for delivery of an alpha-product you've created, however may turn it into a real-project, with the VP's or company owners knowing now whats going on, they may now assume responsibility if it fails for lost time and resources. However, you have to look out for what really happends, it could be your managers keep it secret from the guys above until you finish the project, that way if it fails, they can just pretend like it never occured and no harm done. If it succeedes then they say they did this big thing for the company and pat you on the head.

    --
    Modesty is one of life's greatest attributes
    1. Re:A developers, and managers view point. by Anonymous Coward · · Score: 0

      Most "engineers" observe it "I get the reward if everything goes right, and my Manager is fired if I fuck up"

      Since when? It's been my experience that if the project goes well the engineer gets his name mentioned in an email as a participant.

      But as soon as it becomes clear the project will be late, overbudget and in need of serious overtime, Mr. engineer is suddenly named project manager and told that his project has high visibility.

    2. Re:A developers, and managers view point. by voxel · · Score: 1

      This is true. It depends on the environment in this case. In my job, if one of my engineers fucks up and the product doesn't get delivered, I am the one in trouble. That is how it should be. It's my job to allocate good resources and execute properly with my "resources" (engineers). If they don't get their job done on time, I either A) Didn't schedule it properly, B) Didn't hire the right people, or C) Couldn't manage the "engineering" process, or make the engineers work hard and be happy.

      In a proper environment, amazingly which I am in right now, its not the engineers fault, its mine.

      Now, what happens alot of times is the manager comes into an existing group and things slip, then there is some leeway, and the engineers can take a bit of heat.

      The most common mistake made by a company though is the manager doesn't do the hiring, but the managers MANAGER does it. So I'm sitting here as the manager, my BOSS hired the engineer reporting to me, he is not a good engineer, now there is a problem. If I fire this engineer, I am saying my boss can't hire.

      I've been in the scenario as well.

      In the end though, you are mostly right. Most companies operate where the engineer gets the blame when the manager screws up.

      --
      Modesty is one of life's greatest attributes
  26. Let's get the blatantly obvious out of the way. by An+Onerous+Coward · · Score: 3, Interesting

    Ahem: "They used MFC? Then they deserve any abuse they get."

    I'm sorry, I just couldn't resist. Now, on to the thingy.

    First, I'm going to work under the assumption that "on their own time" actually means "during down time when the reps were sitting in front of their computers but not actually taking calls." If that is the case, it will be hard for them to claim copyright on the application, because it was done on the employer's time and using the employer's resources. That just strikes me as the most likely interpretation.

    Now, it's not fair for their bosses to be expecting them to do software developer work at phone jockey prices. When they set a deadline, this thing stopped being "a fun way to spend down time" and became part of their job duties, additional duties which require skills that most of their peers don't have, and for which they aren't being compensated. That isn't acceptable, and hopefully they'll be willing to stand up for themselves.

    My suggestion: They should go back to these bosses, explain that their work up to this point has gone far above and beyond their actual job duties, and that if the bosses expect that work to continue then the coders should be rewarded above and beyond their actual paychecks. It's up to them whether they want this compensation in the form of money, a transfer to full time development work, prestige, scooby snacks, or glib promises that the bosses don't intend to keep.

    If they can strike a deal, great. Tell them to get it all in writing, then build the software according to the highest standards of which they are capable.

    But if negotiations fall apart, and the bosses come back with a "do it or you're fired" ultimatum, they're still in control. If they want, they can build InHouseApp 1.0, Teh Suck Edition. Random crashes, database corruption, an awkward, unintuitive interface... whatever it takes to embarrass the bosses who made such wild promises. Just remember that it has to be so sucky that the old way is far preferable, so they don't have to eat their own dog food.

    Or they can build it nicely anyhow, and hope that their work will gain them some recognition. I wouldn't suggest this option, though. There is no reason for them to make it easy for the bosses to take advantage of them. For the same reason, they shouldn't even consider trying to take ownership of the application. Don't give them an excuse to file a lawsuit. That means letting management have the current codebase, rather than stripping out all the comments and adding a few judicious memory leaks.

    Finally, in case of termination or threats thereof, make sure they know how to reach their bosses' bosses. They should have someone they can go to to explain their side of the situation.

    --

    You want the truthiness? You can't handle the truthiness!

    1. Re:Let's get the blatantly obvious out of the way. by hey! · · Score: 5, Insightful

      I agree mostly, but I'll part ways in a few places:

      If they want, they can build InHouseApp 1.0, Teh Suck Edition.

      This is a bad, bad idea. Never do anything better than the best you can do under the circumstances. You'll never have the circumstances to do the best you can do period, but at least try.

      I'll give you two reasons why. (1) you're not that kind of person. (2) it will come back to haunt you, either in job interviews, recommendations, or your some day in the future application to work on the team that maintains this when it's a multimillion dollar asset for the company (riiight).

      Much better, in the long term, to take the "You're fired" route, unless you're totally living hand to mouth.

      Finally, in case of termination or threats thereof, make sure they know how to reach their bosses' bosses.

      Here's an interesting social psychology result that was published a few years ago. They had an experimenter describe another person to a subject. The subject was later asked to describe the experimenter and many of the attributes of the person being described were attributed by the subject to the experimenter. It turns out the human mind has a "birds of a feather" wired in: losers associate with losers, slimeballs with slimeballs. So you see, you never, ever build yourself up by tearing another person down.

      At very least, the boss-bosses will conclude you're a loose cannon, and they'll be right.

      So, no. Don't contact the bosses bosses unless there's something going on that is illegal or will get the company into trouble. You never bring your troubles to anybody but your direct manager, and then only reluctantly. Everyone has their own problems and would rather think about them than yours. Managers are looking for solutions, not problems. People are positively blind to problems until a solution appears. So, you gotta solve it man to man, right here at your level. The only circumstances you contact any higher ups is as the cavalry coming over the hill, never as the scout bearing bad news.

      If you can't, and you are asked to do something you aren't willing to do, and you're sure the project has legs, then you resign, giving no cause at all for any dissatisfaction. This may do the trick in itself, but if not, then wait for your boss "Alice" to get in trouble. At that point, "Bob" realizes he's in trouble to. Then you approach Bob, and you do it this way:

      "Bob, I hear the project's in trouble. I feel bad because the whole thing was my idea originally. Alice was gung ho about it, I know, probably too gung ho. I explained this was going to be a problem, but I think she must have thought I was maneuvering for more money. I don't blame her because she was trying to do the right thing by the company, but I felt under the circumstances I couldn't get behind the project as it stood. So we had to part ways -- amicably I hope. But I still feel bad. I'll be glad to come in and discreet look at the situation to see if I can't help you get things back on track. No, no, don't worry about paying me, I've got plenty of paying work, and it'll only be a couple of hours, and I can't promise anything. But I do feel responsible."

      Now, isn't this a much more attractive scenario? Alice's perfidy and incompetence is exposed -- Bob has witnessed it with his own eyes. He also sees you're a decent upstanding chap. Alice has blamed everything on you since you left, but blaming problems on subordinates never cuts the mustard. She's been saying you're a slimeball -- if she only knew. You're not a slimeball, you're much worse: you're a cunning bastard who knows how to discreetly leave knives around where your enemies are most likely to pick them up and cut their own throats.

      And while you can't count on being invited back, if you are you're in the catbird seat. If the project goes down the crapper, it's still Alice's fault. Of course, the project may go on to be a roarin

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    2. Re:Let's get the blatantly obvious out of the way. by cr0sh · · Score: 1
      My suggestion: They should go back to these bosses, explain that their work up to this point has gone far above and beyond their actual job duties, and that if the bosses expect that work to continue then the coders should be rewarded above and beyond their actual paychecks. It's up to them whether they want this compensation in the form of money, a transfer to full time development work, prestige, scooby snacks, or glib promises that the bosses don't intend to keep.

      What they should do is take the compensation in the form of the code produced - that is, the rights to own the code. If they do this, they could be getting paid their current wage to produce code which they could then conceivably use to start their own company. That code could bring them way more monetary compensation over time than a simple wage increase would in the same period (of course, doing this is more risky, and the software needs to be well written, documented, and marketed properly - plus it needs to have a market to succeed, etc)...

      --
      Reason is the Path to God - Anon
    3. Re:Let's get the blatantly obvious out of the way. by Anonymous Coward · · Score: 0

      (1) Reach a verbal agreement with the boss that you'll kick their nuts open if they try to take credit for the project, and they're okay with it.

      (1a) Record this.

      (2) Release the project. Do a good job. Put it on your resume.

      (3) When boss tries to screw you over, drag them in front of their boss, play back the tape, stand in front of the door, and crack your knuckles.

    4. Re:Let's get the blatantly obvious out of the way. by pimpsoftcom · · Score: 1

      *waits on the steps of the temple until somebody notices him* That has to be the most informitive post I have read all day. How can I learn more?

      --
      - d
  27. Re:Quit. Release the Software as Shrinkwrap Produc by Jerf · · Score: 1

    3. Lawsuit!

  28. Re:Quit. Release the Software as Shrinkwrap Produc by An+Onerous+Coward · · Score: 1

    That's not a very likely option.

    While it's difficult to start a business, market a product, etc., etc., they might be able to handle that. My bigger concern is that their product is probably way too specialized to be marketable. These sorts of applications are usually one-shot deals, designed to fit into a certain workflow that only exists at their company.

    So what they ought to realize is that there is probably only one customer for their application. You could suggest having them demo the product, quit, and then offer to return on a contractual basis to finish it. It's still very risky, but I think it has a better chance of success than your original proposal.

    --

    You want the truthiness? You can't handle the truthiness!

  29. This story doesn't make much sense... by Kosgrove · · Score: 2, Interesting

    I agree with the previous poster that MFC and HTML are not particularly related. Either the submitter made a mistake in naming his technologies or a troll question got posted or something.

    However, let's assume that the story is true. Let's make another assumption that the problem the submitter's friends is not that management is taking what the developers feel to be their IP, but that management is trying to release something cross-company that isn't remotely ready for prime time.

    This seems to go against the general trend of suggested lies and deceit that I've seen in the comments on this article so far, but here's what I would suggest:

    Just be open with the business people - explain what you see as the consequences of them releasing this software with the current schedule, but stick to the facts and stay away from emotional or personal characterizations, like thinking about people as PHB's. Explain that the software is not documented or tested, and if they release unfinished software, it will probably be unreliable. Explain that the more critical the software is to the business, the more rigorously it has to be tested and documented. Explain that if they want to put this into production, they should have an experienced developer and/or project manager work out what needs to be done to get the software finished, and product a project plan, documentation, and most importantly, a test plan.

    But also explain that you understand there are business considerations external to the technical side and that you feel your role is to explain to non-technical people the technical impact of their options.

    That's what I would do.

  30. Just Do It by KevMar · · Score: 5, Insightful

    Lets assume that they did it at work and are now given a deadline.

    I say go for it.
    Let your boss know that you need to dedicate more time to the project and cannot meet the deadline with the interuptions of your current job.

    At 3/4 of the way finished send an email to your boss and copy HR on it asking to be reclassified with a different job title because the duties of your job have changed so much. (some companies call this a pay raise)

    Never say it is done. We all know that revisions will need to be made and bugs to be fixed. Give it a long beta phase. I bet you will get lots of visibility because of the project. Once it goes to the support phase, you boss will still be clueless and you will be called for everything relating to it.

    Now you have a internal project that the whole company depends on and goes to you for support. It makes your boss look good and gives you a great refference. You get exposure to the develoment process and customer side of programming.

    Its a great resume builder and I am guessing this is just a temp job anyway. So once it feels stable, find another job. Then you can make more money when they contract you to fix, upgrade, redesign, or want to scale it.

    Besides, if they are developers at heart, they would prefer to do the project than their real jobs.

    --
    Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    1. Re:Just Do It by clone22 · · Score: 1

      That's a pretty good strategy. You might also populate the help screens with contact info to the development team. There are sure to be questions and other support needs, and it provides a way for users to give suggestions for new features. Also provides a means to make sure credit is given where it's due.

      --
      Ask me about my vow of silence!
    2. Re:Just Do It by dubl-u · · Score: 5, Insightful
      Its a great resume builder and I am guessing this is just a temp job anyway. So once it feels stable, find another job. Then you can make more money when they contract you to fix, upgrade, redesign, or want to scale it.

      Yes. These guys shouldn't be focusing much on getting internal corporate credit for it. What they can get out of this is
      • time spent on something that doesn't rot their brains
      • good on-the-job training
      • a slim possibility of getting real programming jobs in the company
      • a resume item that will let them apply for a programming job elsewhere
      • a recommendation letter that will get them seriously considered elsewhere

      But yes, their bosses will probably get a lot of the credit. Traditional corporations can be thought of a feudal empires. Once you're a knight with success in many glorious battles, the nobles will take you seriously. But a customer service rep in the warehouse equates to some peasant cleaning out stables. One day you might be a mighty knight, but for now you're dressed in rags and covered in horse shit, so nobody's going to listen to you. Make your bosses look good, and they can help you get promoted to squire. That's no great shakes either, but at least it's on the way to becoming a knight.

      And yes, I agree that this sucks, but hopefully it sucks less than spending the rest of your life doing customer service.
    3. Re:Just Do It by KevMar · · Score: 1

      If you have a good manager or boss, make them look good. If you are important to his sucess as he gets promoted or moves on to new opprotunities, You can ride that with him.

      A good boss knows he needs good people and will keep them with him.

      Too bad a good manager like that is hard to find.

      --
      Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    4. Re:Just Do It by Anonymous Coward · · Score: 0

      Help screens?? What help screens? You write HELP SCREENS???!!

  31. "That's not in my job description" by Anonymous Coward · · Score: 0

    "If you'd like to change my job description, let's call HR and negotiate compensation." (And, perhaps, a better manager.)

    They can't fire you for cause for not doing something that you were never expected to do.

  32. Politics, job roles, and signing code by Cyphertube · · Score: 2, Informative

    Many arguments have been made regarding the fact that we don't know much about the circumstances of these individuals and what kind of contracts they may have, when they've been working on it, etc. However, there are some things we can probably ascertain.

    We do know that they are customer-service reps. Which means two very likely things. First, they were not hired for their programming skills, which means they are likely not being adequately compensated for this software. Second, they are probably not under a non-compete clause of any kind. While programmers and high-level managers are often put under such things (which in my experience don't hold up very well unless they are extremely explicit), customer service reps are RARELY if EVER put under such restrictions. Why? Because the industry knowledge is pretty well standard for most of those things, they rarely have access to real trade-secrets, and most of their skills involvin simply talking and entering data - mundane everyday stuff.

    The problem is that somehow they worked on software in their own time, at the company or not, and their bosses are going to try to make a credit claim. If they want credit at the company, they need to start writing documentation, documenting out the development process, the origin of the idea, and so on. Get those documents out to the right people and let them look over them. Put down where the project stands, how many hours of work they estimate they need to get to a completed project, and what a reasonable compensation level would be.

    Lastly, they should sign their code, so that when some stupid boss claims credit for it, they can point to the code itself.

    The big question would be whether the whole organisation is made up of jerks, or just their immediate bosses who might try to claim credit for it. If they don't think there is any fair management there, they should just stop working on the code, or write some psuedo-modules that make no sense and if implemented by someone who can't write code proeprly would eat the system, or else mess up the logic of the app for the uninitiated. Then they should quit and get better jobs.

    --
    Linux - because it doesn't leave that Steve Ballmer aftertaste.
    1. Re:Politics, job roles, and signing code by An+Onerous+Coward · · Score: 2, Informative

      Let's modify your last few suggestions.

      If the company is as riddled with jerks, then they already consider the codebase their property. From a legal standpoint, they're probably right. Any damage these developers do to the current codebase could be construed as vandalism of a company resource. If they decide to quit, or simply stop working on the project, it's already unlikely that management will find anyone who wants to finish it.

      They might be able to get away with it, because management isn't familiar with the app or the code as it sounds right now. But if I were them I would still play it safe.

      --

      You want the truthiness? You can't handle the truthiness!

  33. based on first hand experience here... by jskline · · Score: 1

    Stop what your doing right now and think...

    Were you coding this stuff *really* in your spare time??? Did you do this at home or while in transit back and forth??? Then the company might litigate you over the rights to the code under the "inventions" clause in most employee manuals. Or did you do it on company computers and maybe over *your* lunch hour? Then they have the legal right to take it from you since you were doing it on their hardware.

    It might be time to hand them what you've done and say; "Its now your problem. I was not hired here as, nor does my job description call me a !developer!. However you are now beginning to treat me like one. Does this entail a substantial increase in the monatary renumerations that I (we) see on the paycheck at the end of the pay period?".

    Odds are, that's exactly what will happen. You will give up what you spent time on because the company will claim it as "inventions" and because you are an employee you are required to surrender this over to the company. This process is *assumed* when you took your employ with them in the first place. I had this happen to me once before and I learned my lesson way back when!!

    Fact is that you should not have been engaging in this unless there was some "up front" possibility that they would encourage this and thustly reward this effort, or turn it into something better not only for the company, but where you also would benefit. From my personal history, managers are usually looking to retain their employ just as much as you are, and there is an old addage that goes something like;

    "Sh*t rolls downhill, and your under me." (or some such to that)

    Cheers;
    Jeff

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  34. find all the papers that you signed when you .... by josepha48 · · Score: 1
    .. started your job. They need to find out if what they create in their spare time is theirs or the companies. Some companies do that, and say, we own whatever you do for the time that you are here.

    Alternately they could f--- their bosses and release pornware ;-) and say their bosses made them do it :-O

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  35. It all depends... [IANAL] by Stavr0 · · Score: 1
    Either:

    1. Quit, sell back the code, get lucrative support consulting fees.
    or
    2. Do what the boss says, finish development, release, watch boss get credit.

    The probabilities are very high that the 'spare time' that is referred to actually was on company premises and equipment, and that work usually belongs to the company as per the employment contract. So #2 is the most likely to happen. Trying to pull a #1 will probably get you sued.

    Now, to mitigate #2, Attain high visibility, get involved. The best thing to do: prepare a really snappy Powerpoint presentation and (this is the important part) present it yourself. Do NOT let the PHB do it for you. Insist on being there an any or all meetings about the project.

    While you're at it, sprinkle your name/initials on every possible comment line, and document produced. Make it close to impossible to whitewash your existence out of the project.

    Finally, what the PHB wants is recognition. Praise him publicly for allowing you to develop this very useful project. You did the work, PHB enabled you to do the work. Win-win.

  36. Obvious... by abrotman · · Score: 1

    You send Tron to the MCP to deliver a virus. Just watch out for the gridbugs ...

  37. Play Dumb by DynaSoar · · Score: 1

    Drag their feet, show some badly done code and claim they're just goofing around trying to figure out stuff.

    Then go home and write it in generic terms, copyright it, and make it available on their own terms to whoever they wish. That wish may be measured by monetary offers should they so choose. Anyone making such a monetary offer does not need to know how many or few others are making such an offer (or if others even exist), what those offers might be, whether the authors will settle for a lower offer from a prefered customer, or whether they'll accept multiple offers despite the fact they differ.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  38. Going "national"? by Pig+Hogger · · Score: 1
    They're "going national"???

    There's only one way to deal with this.

    GO POSTAL!!!

  39. About... by Dachannien · · Score: 1

    In the "About..." help dialog, have the developers put "Devised and developed by {insert names}" to ensure that the foolishness of their bosses' attempts at running away with the credit is forever emblazoned on every machine in the entire company that uses the software.

  40. Proper solution to the problem by Hobart · · Score: 1

    If the manager appropriates your software for his own uses, and locks out all Group 7 access users so you can't prove it, you should come back, late at night, with a forged Group 6 access code, and taunt the company mainframe until it's forced to challenge you to a battle on its own terms.

    Then after defeating it, you should get a printout proving the software was originally yours.

    --
    o/~ Join us now and share the software ...
  41. Obvious by Associate · · Score: 1

    The software would have had to been on a company computer at some point in time, or they wouldn't have been able to do any sort of testing. If they were somehow able to claim ownership and try to license to the company, the company could fire them for serveral things, such as uanathorized use of company equipment, installing potentially dangerous software, uanathorized access of confidentail company data and probably a laundry list. They'd be unably to market their software and out of a job. The company will simply have to backfill two less technical positions.

    --
    Someone hates these cans.
  42. thats what happens to wannabees by Anonymous Coward · · Score: 0

    get a real developer job. this is the kind of question that highschoolers ask....

  43. Just leave by willCode4Beer.com · · Score: 0

    Just find a new job. Very politely give your two weeks notice, don't mention the project in any form.
    Delete the source code. If questioned just say, you didn't like the direction of the code and deleted it. Since you are leaving, you will not be working on the project anymore.

    Its just a program. Big freakin deal. Any developer with any kind of experience has thousands of lines of their own code that they no longer use. No developer keeps around code written early in their career. Its just too damn embarassing to look at.

    Forget the project, forget the boss. Get another job.
    Lets be honest, the first program written by customer service reps with no experience building large scalable apps isn't likely to be all that great. Suck it up as a learning experience and move on.

    If they want to be developers they better get used to throwing away code.

    --
    ----- If communism is a system where the government owns business, what do you call a system where business owns govern
  44. wiki by porkface · · Score: 2, Funny

    If the bosses are really that clueless, make it a wiki of all the stupid things those bosses have done and said over the years and "go national" with it.

  45. Similiar situation to mine... by singularity · · Score: 4, Interesting

    The company I work for currently has a home-grown solution/program in place. I use the program, and have found numerous bugs.

    I fix show-stopping bugs (since I rely on the program, and major bugs make my job more difficult) as they come up.

    I *really* want to do some more work on the program. Clean up the code (it is in PHP), comment it a bit, and fix some of the hacks that allow it to work to more permenant solutions.

    I am not a developer for the company, though, and do not get paid to do development work. As such, as tempting as it is, I only touch the code if a new release completely breaks things. [Yes, I think it is possible the sole developer, who I think got a small contract from the company teo develop it, is not a developer either, and probably does not QA on any release].

    Some things I could do would make my job easier, but I have no desire to do something "out of the kindness of my heart" for the company without some form of payment.

    Sometimes I feel greedy for my position, but I also reaslize that if I write a good enough program to make my job 10% easier or faster, the company would be more than likely to cut my hours 10%.

    I suppose that is a comment on company loyalty (going in both directions)

    --
    - (c) 2018 Hank Zimmerman
  46. Shareware model by PompousJohn · · Score: 1

    I think it is likely that the developers are hoping to increase their importance to the company and hopefully be compensated for this either monetarily or with increased job security. It appears these aspirations may be in jepoardy if their supervisors take the credit. So it's possible this application might be legally considered company property, but who says it has to be fully functional past a specific time frame if certain conditions are not met? Or what if all the most valuable functions are only available in the "full" version? These guys may become skilled developers, but they need to develop their negotiating skills if they hope to get anywhere.

    --
    Submit and download your homegrown music on www.audiodropout.com
  47. Just Do It: Beauty mark. by Anonymous Coward · · Score: 0

    "Make your bosses look good, and they can help you get promoted to squire. That's no great shakes either, but at least it's on the way to becoming a knight."

    Pfft! Screw that. I want to be prince charming.

  48. Let's get the gluestick out of the way. by Anonymous Coward · · Score: 0

    "They had an experimenter describe another person to a subject. The subject was later asked to describe the experimenter and many of the attributes of the person being described were attributed by the subject to the experimenter. It turns out the human mind has a "birds of a feather" wired in: losers associate with losers, slimeballs with slimeballs."

    I'm with the poster! Like Laurel and Hardy, Abbott and Costello, Ginger Rodgers and Fred Astaire, Lucy and Dezi, pull-tabs and pop-tops.

  49. Screwed either way by fluffy99 · · Score: 1

    If they truly did develop this on their own time, using the companies computers they are guilty of improper use of company equipment. If they did it on company time, then they are also guilty of getting paid for not doing thier job. Either way, the company owns the code. If they did this on their own computers, then they own the code and the company has the right to can them for installing and running unauthorized software. Anyone see any possible angle where the company doesn't have a good reason to can them?

    I figure their quick-n-dirty solution was some little widget that let them lookup or compile data quicker than using the provided software. Probably a time-saver, too. Whether their software is scaleable is doubtful. Could also be a security issue, because we all know that quick-n-dirty is rarely high quality coding.

  50. Could THIS work...? by ivi · · Score: 1

    Since employees use the tools provided by their employers, &
                  contractors use tools that they provide for themselves,

    ...could these guys argue (in an IR could) that:

        - they are really contractors
        - they own rights to their code
        - get court to agree
        - PROFIT :-)

  51. Slowpokes by Midnight+Warrior · · Score: 1
    Did somebody say Easter Egg? Splash screen clearly not giving your boss credit for the work. Better yet, if it was developed on their own time/dime, make a click-through EULA that grants them the right to test the code on a development network, but production implementations must be licensed separately.

    Make sure to embed the Easter Egg that gives you extra credit for having written it. Then if they steal it, you could prove that you own it (at just the right moment, in front of official witnesses and lawyers) and they didn't pay for it.

  52. You call that helping underlings...?!? by Anonymous Coward · · Score: 0


      So, what if some future underlings want to follow the other posters' plan,
      ie, use a successful software project to position themselves
      for a job-change (into dev't) & salary increase?

      Screwing the boss who saw promise in their efforts won't
      help them achieve their goals.

  53. Here's what to do: by yergi · · Score: 1

    FACTS: a) They don't know what it does in the first place. b) They don't know what it looks like. SOLUTION: Deliver a pos tool that doesn't actually do anything of value, or anything at all. It would take all of 5 minutes to code, and solve all of your problems.

  54. Baloney Baffles Brains by AndroidCat · · Score: 1
    and the bosses don't even know what the software can do nor even what it looks like

    Sounds like an excellent time to give them a good fahrenheit to kilometres conversion program. Then run.

    --
    One line blog. I hear that they're called Twitters now.
  55. Play the game by OSXCPA · · Score: 4, Interesting

    Okay, there is some back and forth over who 'owns' the code. IMO, you don't want to get into a pissing contest this way - the company can likely hire more lawyers, and make life crappy, even if you are ultimately the victor.
    Take the bosses aside, off-premises (lunch hour, after work) and have a candid conversation. They agree to a contract with you to code said software. Be nice and professional and all that, and don't threaten. If they refuse, tell them ok, they can have the thing as-is, but you won't work on it any more, since you don't want to be accused of using company resources for a personal project (which is what it is unless the company wants to pay for it). Then deliver the POS code listed in earlier post - the 'rigged demo' version. It should do something marginally useful, but as little as possible. If they gripe, tell them you hadn't gotten around to making it fully functional yet, as it was a 'personal project". This gives you plausible deniability. Playing stupid is one of the only defenses against a malevolent boss.
    Oh, if they do refuse the contract, find their competitor and offer it to them. Since your current employer refused it, it should be fair game, and they can't sue you over something they can't even identify.

  56. I did this once (long story) by Anonymous Coward · · Score: 0

    Everything on my side of the project that I work on, tools and tech-wise, is made and released just to be barely functional. They work, but they don't work well. Nonintuitive interfaces, obvious lack of features, ec. I cannot count how many times I have used something for a task required to my job and thought hey this would take 75% less time/effort if it only read input from a text file or some other very obvious improvement. There are people with my identical job tasks across the country/world dealing with this and sometime last year I took it upon myself to develop a very small app that basically replaces a web-driven tool of questionable quality that was supposed to do the same things. My intentions were to mainly make my job easier; I saw no reason why it should take me 1 - 2 hours to do something when in a weekend i could come up with a basic app that did those same tasks in 1 - 2 minutes (real figures) Result: I get to work 8 hour days instead of 9 or 10 hour days. Hey, good enough for me. I do the same thing in smaller doses too with scripting, etc. I'll admit there was a bit of me trying to prove a point and a general f-you to say 'it shouldn't be this hard, see?'.

    Anyways, what the app I made does is mostly so proprietary that it couldn't be released/sold publicly without majorly overhauling it and turning it into something completely different. I did end up turning it over to the tools team, after I refined it for a year and made it as bug-free as I could. I did enjoy turning over a large amount of C++ to a team primarily focuses on VB/script-driven tools. It still makes me laugh.

    1. Re:I did this once (long story) by meringuoid · · Score: 1
      hey this would take 75% less time/effort if it only read input from a text file... I did end up turning it over to the tools team, after I refined it for a year and made it as bug-free as I could. I did enjoy turning over a large amount of C++ to a team primarily focuses on VB/script-driven tools. It still makes me laugh.

      Um... getting a VB program to read input from a text file isn't all that hard. Open Somethingorother For Input, or maybe open a CSV file as a recordset... Plenty of ways. I know we hate all things MS here, but maybe if you'd gone with the Dark Side just this once it wouldn't have taken you a year to get done?

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:I did this once (long story) by Anonymous Coward · · Score: 0

      Um... getting a VB program to read input from a text file isn't all that hard. Open Somethingorother For Input, or maybe open a CSV file as a recordset... Plenty of ways. I know we hate all things MS here, but maybe if you'd gone with the Dark Side just this once it wouldn't have taken you a year to get done?

      Eh? I actually did use MFC/C++. It only took a year because my primary job duties have nothing to do with development/coding, in addition to alot of job-travel (No way was I working on this while cooped up in a hotel room). Had that not been the case, my tiny app would have taken all of a month or so (if that) to get where it was when I turned it over.

  57. OK, for real... by cavemanf16 · · Score: 1

    I've read most of the +5 comments here, and everyone is overcomplicating this issue, save a few of you. I have seen this happen in my own company and heard about it happening in friend's companies as well, particularly in the "customer service" or "tech support" call center departments. What happens is that the world around us changes and changes and changes, and the paid developers don't have the time or need to develop "mini-apps" to make certain work-arounds easier for the customer service people that talk to actual, real, live, external customers all day to make a living. So one or a few different enterprising individuals hack together a web page of contact info, or a really simple PHP website that can auto-generate a particular type of e-mail response to the most frequent customer complaints, or throw together an Access database with a bit of behind the scenes code to track evolving issues more accurately. I know this happens because I have done it myself, on more than one occassion in more than one job role at my current company. It's just a fact of being a worker in the trenches of a large company.

    So, how does this answer the question posed by this "Ask Slashdot"? Well, the answer is that because these two friends are the workers-in-the-trenches types, they're NOT going to be able to steer their manager clear of releasing a half-baked software package or app or webpage or whatever it is to the entire company's "customer service" departments. What they CAN do, as only a few other people have mentioned, is take credit for it on their resume. This isn't cheating, it's not lying, it's just good business sense. Don't be mad at me or the few other Slashdotter's who suggest this approach. We're not being weasly, and it's not wasted effort. Finish the app (hopefully in the time established by the manager - who obviously needs to now look good since he/she jumped the gun and told all their peers what "their people" were gonna do by a certain date), claim the success of deploying it nationwide when you hadn't even expected it to do anything more than help yourself, and then start sending your resume out for those entry-level programmer/analyst job positions. No, they're not being paid NOW for this work, but this WILL show initiative, drive to get a project done on a timeline, and the ability to "think outside the box" in a job, and to another employer this is the kind of person they'd want working with and for them. They don't want the jaded and cynical type of person on their team. They want the person who is enthusiastic about their work, but also smart enough to realize when they've exceeded their job requirements enough to go looking for a new job.

    Tell your friends to remain upbeat, claim this as a major victory on their part, and then find a new and better job. Yes, their current manager sounds like quite the asshat, but that's no reason to retaliate in kind.

    1. Re:OK, for real... by kelleher · · Score: 1
      Wow. This is the first time that the first comment I read was well thought out, well written, and on topic. You'd get my Mod points if I had them.

      I'd only like to stress your last sentence. Retaliation can only lead to bad things. These guys should get as much credit for a job well done as they can and use it as resume fodder to find a better gig - either in a different dept or a different company.

  58. They can negotiate... by Anonymous Coward · · Score: 0

    Had this happen twice. Hired to technical, but nondevelopment, jobs. Developed a VB product recall app at one place, a ASP frontend and a SQL database for best practice tracking at the other. When I moved on, I explained that since I hadn't signed anything like a work product agreement automatically assigning IP rights to the employer, the code was mine and would be going with me unless they wanted to buy it, train someone, and assume full support (I wasn't interested in being a support vendor for either company). One paid, one didn't. Neither challenged that it was in fact my property.

    I don't doubt that if their bosses wanted to be pricks they'll wave lawyers at them, claiming that they own the SW, that they can be fired for misuse of company equipment, yadayadayada... Simple fact is, as long as the application is mildly complicated, and has some value, these guys hold the cards. Even if it's determined that the company owns the software, apparently all the own right this second is some non-tested, yet to be debugged code chunks, and not a whole lot a court an do to compell these guys to actually finish the software. They can be fired, but the company doesn't get the software. They can be harassed, company doesn't get the software. Company can hire folks to reverse engineer and finish what's there, and company gets the software - for a significantly higher price. Company accomodates them, they get their software. If they're that worried, call a lawyer and preempt the weasel managers.