The "Work For Hire" Doctrine Almost Never Works in Software Contracts

Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by rmc on Tuesday May 27, 2014 @08:03AM (#7803988)

Compilations are things like phone books, or a street directory.

If we took your logic, then all books are merely compilations of the alphabet, or dictionary. Judges would look at that and think "wait no, that breaks everything"

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by mike_herrera on Tuesday May 27, 2014 @09:32AM (#7804320)

> Compilations are things like phone books, or a street directory.

What about books of driving directions? Before ubiquitous access to navigation applications, I would have AAA assemble a book of directions for long trips. Each page represented instructions on which decisions I were to make AND when to make them.

I would argue that code represents an equivalent level of abstraction to the book of directions. The language's grammar being equivalent to the available choices on the road system.

> Judges would look at that and think "wait no, that breaks everything"

Is that not how new precedent is set?

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Re:The "Work For Hire" Doctrine Almost Never Works in Softwa... by rmc on Tuesday May 27, 2014 @10:02AM (#7804490)

> > Judges would look at that and think "wait no, that breaks everything"

> Is that not how new precedent is set?

That's kinda my point. I doubt judges want to set a precent that all books are now "compilations".

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