[luau] Law stuff advice

[Ted Kanemori]

Randall,
****** Be veeeery careful ******:

When you work for "a company", and get paid by that company, the company
does have certain rights of ownership to "intellectual property". How
you define intellectual property is dependent on the circumstances. In
this case, the server was "voluntarily" brought in and used to "grow"
the business.
Rather then "just" file and print sharing, it might just as well have
been used to do the payroll, inventory and invoicing.  If the owner of
the system quits, unplugs the system and carts it away, it could be
interpreted as causing a hardship on the company and the employees.  If
the company loses business and jobs because of this, it could lead to
litigation.
The owner of the system is entitled to claim his property, but in doing
so, should not cause damage, so to speak. 
It could be that the correct thing to do is put the system back
temporarily, till the company buys another system. Use "Disk Copy" or
"Ghost" or whatever is handy, replicate the hard drive to the new system
hard drive, and then, yank the old system. The entire process should
take less then a day.

The preceeding was just an opinion. If my opinion makes sense, I know
that this is going to be a hard bullet to swallow but it might avoid
HPD, lawyers and getting sued(big bucks).

Ted

-----Original Message-----
From: luau-admin at videl.ics.hawaii.edu
[mailto:luau-admin at videl.ics.hawaii.edu] On Behalf Of Virgil
Sent: Friday, May 16, 2003 12:20 PM
To: luau at videl.ics.hawaii.edu
Subject: Re: [luau] Law stuff advice

Get your servers and put it in storage. They can't file charges against
you
because you are aren't operating the file and print sharing for them.
They
don't have a case against you.

But it seems like they are trying to take your servers away from you.
Get
that away from they asap. Find paperwork proving that you own those
servers.

Sorry I can't offer legal advice but I can try to help.

Virgil




> I quit my job. The company changed ownership and I did not agree with
> the new management. (They wanted to put the servers in the hallway so
> they could open up another office!!!!!)
> This company was using my server as their file/print server. When I
left
> I took my server with me. I returned all files to them via CD ROM.
> They are filing charges on me with HPD saying that I should have the
> file and print sharing operational.
> Is that true? 
> Members of the company knew that the server was mine so wouldn't they
> expect for me to take my server with me if I left? And to have lost
> those services as well?
> They are also saying that I stole the server since rent was not paid
> for, but I was able to get into the office without unlocking a single
> door. Don't I have a right to get my stuff if the doors are not locked
> and landlord lieu is not implemented?
> 
> Randall
> 
> 
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> LUAU at videl.ics.hawaii.edu
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