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evlncrn8

illegal or not ?

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evlncrn8

apologies to mods if duped but it didnt seem to post the first time and didnt show in my activity

 

hypothetical (for the time being) 

company W employed a reverse engineer, and often had him work while on sick leave, this tome they had him reverse engineer and document a product from company D (asian company too), the engineer documented the findings but was then pushed (supervisor was bossy and aggressive) to write a poc, which he did, under duress .. the poc was then taken and added to production code and company a then made a big song and dance about their new. .net tech to customers.. 

there was no clean room exchange or anything like that, the pm claims he sees no illegality...

the engineer thinks this is a blatant case of ip theft

what should the engineer do ? 

 

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Kurapica

Judging by my short experience in corporate environments, I found that people who work in IT are the scum of humanity.

It could be different somewhere else, but It's an environment where people prey on each other to climb the stairs.

 

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evlncrn8

oh that i totally agree with. very common in corporates and the nice people are on much lower salary and utreated like slaves

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kao

Let me play a devil's advocate here.

 

1 hour ago, evlncrn8 said:

was pushed (supervisor was bossy and aggressive) to write a poc, which he did, under duress

...

the engineer thinks this is a blatant case of ip theft

...looks like the engineer is an entitled SJW from the snowflake generation.

 

Engineer can bring it up with legal department (or HR, or follow whatever whistleblower process is in place in the company). Most likely outcome is that he'll upset his manager, his managers manager and few other people. As a result he'll be no longer welcome in this company. Will his actions change the company's product? F*ck, no.

Or the engineer can STFU and do his job. After all, this is what he's being paid for.

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Progman

Yea this falls under whistleblower case.  Can anonymously inform the press, the company who was ripped off, or his own legal or HR department.  Or can choose to forget about it.

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Sangavi
13 hours ago, evlncrn8 said:

and often had him work while on sick leave

and

13 hours ago, evlncrn8 said:

but was then pushed (supervisor was bossy and aggressive) to write a poc, which he did, under duress

and

13 hours ago, evlncrn8 said:

the poc was then taken and added to production code

and

13 hours ago, evlncrn8 said:

there was no clean room exchange or anything like that, the pm claims he sees no illegality...

There is only one right answer for all this:

It all depends heavily on the country they are in, and even within that country it heavily depends on the state and jurisdiction they are in. The laws for cases like these vary wildly from county to county and city to city within even the same state, and the only way to get the proper answer would be to consult a good attorney in your area conversant with all these nuances.

While this would not be a cheap option, only a good attorney would be able to suggest the best course of action and also explain the various legal remedies one can use in the situation.

I realize that you clearly mentioned that it is a hypothetical scenario but even then, without many, many details, only various (mostly invalid) speculations and opinions can be offered.

 

 

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