Selling software to one's employer

[Thargy]

I'm wondering about the legal and ethical implications of something:-

A couple of years ago, I wrote (in my own time and at my own instigation) a piece of software which made my work life vastly easier. My boss was overjoyed when I presented him with it, and immediately appreciated the benefits. However, he then went on to interfere with my design and work, and so altered things, that even though they remain functional, the use is now cumbersome, slow and error-prone. Basically, despite the fact that I envisaged, designed and wrote the thing, he knew better.

Having struggled with the blasted thing for two years, my patience is wearing thin, and I want to use a vastly better system, which I have once again devised, designed and written, entirely in my own time, on my own machine with my own software etc.

Am I right in thinking that I own this software lock stock and barrel? If I do, is there anything to stop me selling it to my employer for a nominal fee, with the proviso that any changes made without my say so cost £10,000 a pop?

The idea is that I can basically give the stuff to my employer, but my boss won't be able to screw it up like he did the last time. Ideas of how to achieve this anyone?

Regards

T

 

[DonQuichote]

Well, as I see it, he just took your software and you just let him. I had situations before where an employer asked for my software because I used it at work and it greatly improved the working conditions. However, when I responded that we should discuss the terms, all interest was gone. When your boss started to interfere or use your program, you should have stated that it was yours and that you are to determine the conditions. It is a bit late for that now. It is a bit like inventing the GIF format, letting it use for 10 years and then asking for payment.

There is nothing to stop you selling your own software to your employer if the contract says nothing about it. But you will have a hard time selling something he already has. At least in his ideas and his experience of the last years.

If you let his code into your program as well (which means: you don't have a backup or branch of just your own code), the program may actually be not entirely yours anymore. It is a bit like the embrace-extend-extinguish strategy. You are in a delicate position, off course. You hardly have any bargaining position other than saying "it's mine, actually" after a couple of years.

+++ Despite being wrong in every important aspect, that is a very good analogy +++
Hex (in Darwin's Watch)

 

[Stella740pl]

DonQuichote,

The way I understood it, this time it's new and different system, not the original version of the first one.

 

[CajunCenturion]

If you designed it and wrote it on your own time and with your own equipment, then yes, it is entirely yours. But ... there is always a but.

There may, or may not, be a trade secret issue in play that pertains to the business processes. If what you've designed is a new way of doing the business, then you're probably fine. But if you've automated an existing process, or improved upon an existing process then you may not be so fine. What seems to be the case is that the processes you've automated are a direct outcome of your experience of the processes within the business. The devil is in the details, and I only know enough to suggest that you might want to consult a qualified attorney before proceeding.

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[Opieo]

IANAL, but my first instinct would be that you do indeed own the program you have created entirely by yourself with your own stuff (stuff including time).
However, I find it to be quite silly to think you can charge them for making changes to the software they purchased. If you don't want them making changes, do not sell them source code in the negotiations. If you sell them the program, along with the code to the program, I would think they are free to make changes as they see fit.

You could always just continue to use the original if they muck it up. Then they will be wondering why you get it done so much faster than everyone else, and you can point to the fact that you are using the original, and not the new and "improved" version.

~
“Your request is not unlike your lower intestine: stinky, and loaded with danger.” — Ace Ventura.