Everybody ah bawl seh technology is

[Willi]

Pity party?

The cretins who ravaged us with reckless endangerment monetary policy are still around.

Technology cant save us if the same people are there to mess up industry again. Thus I wont waste my time. gwan flap yuh gum over pipe dream.

Just say your Portia reference was ill-conceived and call it a day. That is why you cant even attempt to justify it.

[Islandman]

The job and the ownership of the code are not one and the same. There was nothing in writing to say that Paymaster would own the software code once the job was complete.

[Jawge]

Please tell me you are joking. Yes? Where does a programer work and the job that he does is his? unless he is selling a developer's kit with license. It's common knowledge that if you get hired by Google, Microsoft, GE et al everything that you do is for the corporation. That is why it's called intellectual property. Marks gave the technician (programer) her idea and he wrote the code to execute the idea. The programer took the source code to Grace and this is wrong! When you write code or do engineering for GE; even if you come up with something new, the patent has to be filed under GE. Why? Because GE provided the environment and gave you the idea. How come you did not come up with the new idea for the patent before gaining employment at the GE?

This is really absurd that you would make such a statement. You are allowed though because I looked up countries with itellectual copyright laws and Ja isn't on the list http://www.hg.org/intell.html#4

It stands to reason that Ja is the wild, wild west in terms of intellectual copyright. Small wonder no major software giant doesn't set up shop in Ja.

[Willi]

It is all TORT J. It should be codified in a contract...otherwise the courts have to decide on original intention.

You are jumping the gun to conclusion that Marks had the idea, that will be her version and may or may not be the truth.

GE and Google etc, have this all clarified in employment and consulting contracts.

BTW, Jamaica has an officer in Geneva covering WIPO and I know of several Jamaican who have worked there and a good US pal (patent attorney) just retired from there.

[Jawge]

Okay I'm going to try this one last time. It doesn't matter, the fact that the programer gained employment at paymaster, enabled him to gain the business idea. If the programer was passing paymaster everyday and not been inside the business he coulnd't have the idea. This is why when one is hired at Google, GE, microsoft et al the patent belong to them. Boss it's only a very few people o this planet can stay outside of a system and come up with a solution native to that system. One of these people were Einstein. Einstein did theoretical work in physics (by mnetally placing himself in the cosmos) his work was verified three or four years after. It would take a huge mental leap on someone's part to just walk up or email Google saying this is the solution to the Algorithim (that your two hundred Phds. in science math and engineering had been working on). It then took these Phds. in R&D another three months to verify it.

I don't know if it's the school system or what but the mind of today doesn't work in the above fashion on an everyday basis.People have to go inside the system then they can say "oh it's better it's done this way" or "oh I know a quicker way to do this" then the idea cannot be yours anymore because your employers' envirnment and tools gave you the idea.

I'm sure these young leaders and vionaries of JA will come around to having strict intellectual property laws after networking with the young visionaries here. At present there is no environment for a Jakan version of say Amazon, facebook, google, yahoo et al.These corps were startups at one point before going public. I have hope in Ja; according to Bam watch the youth when they get togather on their smart phone. They can do anythoing they want

[Willi]

So much, so wrong here…I cant even decide where to begin..

[Islandman]

Thanks for taking the time to explain to him. I don't have the patience.

Jawge is clueless as usual.

[Muadib]

yuh mussi mean objectional..

[Islandman]

You do know that Paul Lowe was not an employee of Paymaster, correct? That he was a contractor?

OK, now that you know maybe this will help you....

....in ruling that Paymaster did not own the software programme created by Lowe upheld the principles enunciated in Copinger
and Skoane James on Copyright, Volume 1, 14th ed. which states that a person who commissions a work to be made by another does not automatically become the first legal owner of the copyright and his interest in the copyright will depend on the terms of the contract.

Background reading....

https://h2o.law.harvard.edu/collages/33248

[Jawge]

Yup it helps a lot. Copinger & Sloan did not say that. The counsel for Grace presented that argument. Thanks for the info though.

Quick question if you bought the license to a software then pay the company to customise the software to your corp's needs, does the customized software belong to you (now that it fits your idea and environment) or does it still belong to the contractor? If it does belong to the contractor, why are you paying him (as he would just be doing a system upgrade)?

[Islandman]

If you took the time to look at the link you would see that is EXACTLY what they said:

The learned authors of Copinger & Skone James on Copyright Volume 1, 14th Ed. make the point forcefully in the following passage at paragraph 5-169 on page 301:
…it has already been seen that, except in certain pre-1988 Act cases, a person who commissions a work to be made by another does not thereby become the first legal owner of the copyright

But of course you are just arguing for arguments sake. Ah well, so much for being the eternal student.

[Willi]

You are welcome.

I really like Jawge, he is a fine/fun guy to talk to, but him head tuff…

He argues IT with IT professionals and business with people who have all kinds of training in the field.

He ah try tell mi bout New Economy again, when mi done live thru the fiasco in hiTech.