4 ms·

The website isn't exactly presented in a linear fashion, but I gather the issue is the subject's use of Truecrypt to contain his personal files, whereas on a co

The website isn't exactly presented in a linear fashion, but I gather the issue is the subject's use of Truecrypt to contain his personal files, whereas on a company-owned computer, all data therein is company property. This certainly seems like it should be a civil matter, not something to involve the guys with guns and blue suits. But more to the point, $21.50 an hour for a 1099 job for a huge bag-of-dicks of a boss who pirates all his desktop software? Is that BSA hotline still around, or do they even care about small fries?

tomp 13y ago
> whereas on a company-owned computer, all data therein is company property. Are you sure? AFAIK, without signing any contracts, all work I produced is mine, regardless of where it resides. By inference, is all data in my computer mine as well?
- jimktrains2 13y ago
  When you start with a company you sign over the rights to the work you do with their time, equipment, and resources (most of the time, and exact conditions vary, but that's a very common LCD)
  - tehwalrus 13y ago
    He says in the linked website[1] that he signed no such agreement. [1] http://www.innocentbeyondareasonabledoubt.com/ http://www.innocentbeyondareasonabledoubt.com/
    - jimktrains2 13y ago
      I was under the impression that GP was talking about the general case. Specifics are always, well, specific to that case:)
- rayiner 13y ago
  Work created within the scope of your employment automatically belongs to the company: https://news.ycombinator.com/reply?id=6488654&whence=item%3fid%3d6488407 https://news.ycombinator.com/reply?id=6488654&whence=item%3f....
  - delinka 13y ago
    "Employment" yes. But how about as an outside contractor and not an employee. Unless you, the business hiring the contractor, specify that the contractor is performing a work for hire and that all intellectual property rights associated with said work shall be transferred to you, the copyright law says the creator of the work holds the copyright on the work. Under the law, and with an agreement to receive payment but without stipulations regarding ownership, I'd say it's fair to assume you (again, the one hiring the contractor) are obtaining a license to the work, but not to assume that you will own the work.
    - rayiner 13y ago
      Right, if you're a contractor it doesn't automatically belong to your employer. I think the issue here is an evidentiary problem: we have nothing other than the author's word that nothing in the encrypted partition belongs to the business.
      - Nimi 13y ago
        Why is that a problem? Wouldn't the burden of proof fall on the employer to give evidence that something in the encrypted partition belongs to the business?
        rayiner 13y ago
        First, burden of proof is not a concept that's relevant before criminal charges or a civil complaint have been filed. You don't need to prove that there is something in the encrypted partition to bring charges. Circumstantial evidence is enough. Second, in an actual trial the author would have to unlock the encrypted partition. There is no right of privacy against a court. If there is disagreement about what's in a box, people aren't going to sit around arguing about burdens of proof and burdens of production. The court is going to order the box be opened and the issue resolved definitively.

tomp 13y ago

> whereas on a company-owned computer, all data therein is company property. Are you sure? AFAIK, without signing any contracts, all work I produced is mine, regardless of where it resides. By inference, is all data in my computer mine as well?

jimktrains2 13y ago
When you start with a company you sign over the rights to the work you do with their time, equipment, and resources (most of the time, and exact conditions vary, but that's a very common LCD)
- tehwalrus 13y ago
  He says in the linked website[1] that he signed no such agreement. [1] http://www.innocentbeyondareasonabledoubt.com/ http://www.innocentbeyondareasonabledoubt.com/
  - jimktrains2 13y ago
    I was under the impression that GP was talking about the general case. Specifics are always, well, specific to that case:)
rayiner 13y ago
Work created within the scope of your employment automatically belongs to the company: https://news.ycombinator.com/reply?id=6488654&whence=item%3fid%3d6488407 https://news.ycombinator.com/reply?id=6488654&whence=item%3f....
- delinka 13y ago
  "Employment" yes. But how about as an outside contractor and not an employee. Unless you, the business hiring the contractor, specify that the contractor is performing a work for hire and that all intellectual property rights associated with said work shall be transferred to you, the copyright law says the creator of the work holds the copyright on the work. Under the law, and with an agreement to receive payment but without stipulations regarding ownership, I'd say it's fair to assume you (again, the one hiring the contractor) are obtaining a license to the work, but not to assume that you will own the work.
  - rayiner 13y ago
    Right, if you're a contractor it doesn't automatically belong to your employer. I think the issue here is an evidentiary problem: we have nothing other than the author's word that nothing in the encrypted partition belongs to the business.
    - Nimi 13y ago
      Why is that a problem? Wouldn't the burden of proof fall on the employer to give evidence that something in the encrypted partition belongs to the business?
      - rayiner 13y ago
        First, burden of proof is not a concept that's relevant before criminal charges or a civil complaint have been filed. You don't need to prove that there is something in the encrypted partition to bring charges. Circumstantial evidence is enough. Second, in an actual trial the author would have to unlock the encrypted partition. There is no right of privacy against a court. If there is disagreement about what's in a box, people aren't going to sit around arguing about burdens of proof and burdens of production. The court is going to order the box be opened and the issue resolved definitively.