[H-GEN] Fwd: [research] Request for expert witness

Ewan Edwards Edwards_Ewan_B at cat.com
Thu Jun 7 07:49:22 EDT 2007


I'm not attempting to answer the issues raised below, nor to offer 
myself as any expert.  I simply want to put something I learnt while 
contracting as a Mechanical Engineer, because I see a similarity.

It is expected that an Engineer will take ideas and design concepts he 
has developed or learnt from one contract/employer to another.  It is 
generally regarded as a 'Restraint of Trade' (under the terms of the 
Trade Practices Act) for an employer to ask, or expect, that an 
Engineer not use, in the future, anything he/she may learn whilst 
working for that employer. 

Of course, this doesn't apply to things subject to patent, nor does it 
extend to taking design and/or manufacturing drawings, whether they 
be soft or hard copy.

Taking drawings (soft or hard copy) is generally regarded as stealing, 
rather than copyright infringement.  For a professional Engineer, it 
would also be professional suicide.




On Monday 04 June 2007 10:40, Paul Gearon wrote:
> >
> > Mallesons Stephen Jaques in Brisbane who writes:
> >> I have a client, a young software guy, who has been sued by his
> >> former employer (a graphics design company) claiming that my
> >> client has copied its software that he built when he worked
> >> there.  The issue is that he copied two small JavaScript files -
> >> which when the original software was developed, were probably
> >> copied from elsewhere. The files are used in a content
> >> management system.
> >> I am looking for a witness who can testify at trial in Brisbane
> >> in July as to the following points:
> >> 1.      How programs are written today.
> >>
> > > 2.      How programmers use open source and developer materials
> > > to write programs.
> > > 3.      Whether the 2 JavaScript files are a substantial part
> > > of the program.
> >>
> >> 4.      Whether the 2 JavaScript files are a program in their
> >> own right.
> >>
> > > 5.      Whether there is anything unique about the content
> >>
> >> management system in issue.
> >> Also, the Java community may be interested in this case.  The
> >> person suing is being really ridiculous, but if he wins, it will
> >> be bad
> >> for programmers.  Is there some way we can drum up moral support
> >> for my client in the Java community?
> >
> > I suggested that I was not the right person to be an expert
> > witness because I am not a professional programmer, although I am
> > involved in educating them. This means that these days I do not
> > program regularly, and I have not written Javascript programs.
> >
> > If you are interested, you can contact John by phone: 3244 8050
> > or e-mail: john.swinson at mallesons.com
> >
> > Thanks
> > 	Davec




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