3 ms·

I was under the impression the boss had fired him and then asked for the password.

rprasad 14y ago
That would be standard operating procedure. The kid's program (if it really exists) would be company property, and his failure to turn over the password could result in civil litigation (or potentially, but unlikely) criminal prosecution.
- tijs 14y ago
  Luckily all of this happened, i think i believe it did, in The Netherlands where litigation over this sort of thing is just not very common. Especially in smaller companies as this one seems to be.
- Daniel_Newby 14y ago
  A password is not property. The company holds the copyright to the software, but the employee has no obligation to have made the software usable for any purpose. (No more than a cabinetmaker who creates an innovative jig is reqyired to write a manual or provide training.)
  - Confusion 14y ago
    You're wrong. Anything you produce in company time that is even remotely jon related, is company property. The code, the binary, the password and any intellectual property rights protecting them is the company's property. Every contract clearly arranges that, so you can't extort your former boss, as in the story. If your contract doesn't contain such clauses, your company is incompetent.
    - Daniel_Newby 14y ago
      Property is tangible. The computer that stores the software is property, the software is merely a configuration of the property. Certain monopoly privileges regarding that configuration (copyright) might be assigned to the company depending on the details of the contract and local laws. Providing a password is an activity. Whether the employee has a duty to perform that activity depends on the contract and circumstances. In this case, the employee was not assigned the task of writing down the password, so failing to write down the password was not a breach of duty. His boss attempted to negotiate a new employment arrangement involving writing down the password, and negotiations fell through. Extortion is the threat to perform an unlawful act unless demands are met. This case was not extortion because the employee did not perform any act, let alone an unlawful one. Put simply, if an employee goes beyond the call of duty, the employer cannot compel them to continue going beyond the call of duty. All the employer can do is fire them.
      - esrauch 14y ago
        By setting the password and not providing it is denying the company access to their own property and is likely to be criminal in most states. For example http://www.networkworld.com/slideshows/2008/071708-report-it-admin-locks-up.html http://www.networkworld.com/slideshows/2008/071708-report-it...
pcrh 14y ago
In the Netherlands he wouldn't be let go immediately, there would be a variable legally-required period of time before he is shown the door, during that time he is still technically employed by the company. I suspect that it is during this period that he spoke to the senior manager.

That would be standard operating procedure. The kid's program (if it really exists) would be company property, and his failure to turn over the password could result in civil litigation (or potentially, but unlikely) criminal prosecution.

tijs 14y ago
Luckily all of this happened, i think i believe it did, in The Netherlands where litigation over this sort of thing is just not very common. Especially in smaller companies as this one seems to be.
Daniel_Newby 14y ago
A password is not property. The company holds the copyright to the software, but the employee has no obligation to have made the software usable for any purpose. (No more than a cabinetmaker who creates an innovative jig is reqyired to write a manual or provide training.)
- Confusion 14y ago
  You're wrong. Anything you produce in company time that is even remotely jon related, is company property. The code, the binary, the password and any intellectual property rights protecting them is the company's property. Every contract clearly arranges that, so you can't extort your former boss, as in the story. If your contract doesn't contain such clauses, your company is incompetent.
  - Daniel_Newby 14y ago
    Property is tangible. The computer that stores the software is property, the software is merely a configuration of the property. Certain monopoly privileges regarding that configuration (copyright) might be assigned to the company depending on the details of the contract and local laws. Providing a password is an activity. Whether the employee has a duty to perform that activity depends on the contract and circumstances. In this case, the employee was not assigned the task of writing down the password, so failing to write down the password was not a breach of duty. His boss attempted to negotiate a new employment arrangement involving writing down the password, and negotiations fell through. Extortion is the threat to perform an unlawful act unless demands are met. This case was not extortion because the employee did not perform any act, let alone an unlawful one. Put simply, if an employee goes beyond the call of duty, the employer cannot compel them to continue going beyond the call of duty. All the employer can do is fire them.
    - esrauch 14y ago
      By setting the password and not providing it is denying the company access to their own property and is likely to be criminal in most states. For example http://www.networkworld.com/slideshows/2008/071708-report-it-admin-locks-up.html http://www.networkworld.com/slideshows/2008/071708-report-it...

pcrh 14y ago

In the Netherlands he wouldn't be let go immediately, there would be a variable legally-required period of time before he is shown the door, during that time he is still technically employed by the company. I suspect that it is during this period that he spoke to the senior manager.