Uber CEO gets in to it with Uber Driver (filmed on dash cam)
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ringfinger
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PostPosted: Thu Mar 02, 2017 7:27 am    Post subject:

If you're a contracted software engineer, you are most likely going to have to have an NDA or some form of it, in your contract.
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angrypuppy
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PostPosted: Thu Mar 02, 2017 7:40 am    Post subject:

ringfinger wrote:
If you're a contracted software engineer, you are most likely going to have to have an NDA or some form of it, in your contract.



The enforceability of it is on the state level. In other words, in states like New York the NDA might have very restrictive language, but in practice the wording wasn't really enforceable. And aside from nondisclosure, the IP laws favored the contractor, particularly in ownership of the code.
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ringfinger
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PostPosted: Thu Mar 02, 2017 7:53 am    Post subject:

angrypuppy wrote:
ringfinger wrote:
If you're a contracted software engineer, you are most likely going to have to have an NDA or some form of it, in your contract.


The enforceability of it is on the state level. In other words, in states like New York the NDA might have very restrictive language, but in practice the wording wasn't really enforceable. The IP laws favored the contractor, particularly in ownership of the code.


I don't think that's entirely accurate. In any state, if the contract explicitly states what you are contracted to do and clearly outlines ownership of the program and/or code, then that's an open and shut case in favor of the company.

What you're referring to, I believe, are the instances where said code ownership is not clearly defined. In those cases, yes the courts tend to rule in favor of the contractor.
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angrypuppy
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PostPosted: Thu Mar 02, 2017 8:01 am    Post subject:

ringfinger wrote:
angrypuppy wrote:
ringfinger wrote:
If you're a contracted software engineer, you are most likely going to have to have an NDA or some form of it, in your contract.


The enforceability of it is on the state level. In other words, in states like New York the NDA might have very restrictive language, but in practice the wording wasn't really enforceable. The IP laws favored the contractor, particularly in ownership of the code.


I don't think that's entirely accurate. In any state, if the contract explicitly states what you are contracted to do and clearly outlines ownership of the program and/or code, then that's an open and shut case in favor of the company.

What you're referring to, I believe, are the instances where said code ownership is not clearly defined. In those cases, yes the courts tend to rule in favor of the contractor.



I think we need a lawyer on this, and since it does vary on the state level, I caution that you cannot make sweeping statements regarding ownership. Though I wasn't privy to the agreement, I do know of a couple of contract software developers who screwed a fair-sized Wall Street firm. The firm of course sued, but lost as the language of their agreement was not enforceable under the New York state laws.
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PostPosted: Thu Mar 02, 2017 11:28 am    Post subject:

Travis Kalanick, Uber Chief, Apologizes After Fight With Driver


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PostPosted: Thu Mar 02, 2017 12:06 pm    Post subject:

angrypuppy wrote:
DaMuleRules wrote:
Regardless of how poor and ill-fated the Uber business model is, what kind of idiot sits back while he loses $97,000 and goes bankrupt when he is simply a "contractor" and can stop driving whenever he chooses?




I have no idea, but the lower income bracket folk don't have a lot of choices in terms of earning a living. I suppose part of the loss is attributable to Uber changing the type of car the Uber Black drivers could operate:

Quote:
He added that he and fellow luxury drivers have been "undercut with cheaper products [such as UberX and UberSelect] and they lost their capital because Uber decided they don't want Lincoln Town Cars anymore," referring to a model previously favored by the company.


http://www.nbcnews.com/news/us-news/uber-driver-fawzi-kamel-explains-why-he-argued-firm-s-n727496

This might be what the driver was mentioning to the CEO about changing the "standard". While a Lincoln Town Car doesn't cost $97,000, he might have had to purchase another car and been stuck with the finance charges on the Lincoln Town Car. Uber was helping prospective drivers obtain financing for the cars (and of course getting a kickback from the financing party).

We don't have the full story, but the driver didn't anticipate the standard change and was stuck paying for a non-incoming earning asset that he really couldn't afford.


Ah, I guess that could make sense.
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ringfinger
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PostPosted: Thu Mar 02, 2017 6:38 pm    Post subject:

angrypuppy wrote:
ringfinger wrote:
angrypuppy wrote:
ringfinger wrote:
If you're a contracted software engineer, you are most likely going to have to have an NDA or some form of it, in your contract.


The enforceability of it is on the state level. In other words, in states like New York the NDA might have very restrictive language, but in practice the wording wasn't really enforceable. The IP laws favored the contractor, particularly in ownership of the code.


I don't think that's entirely accurate. In any state, if the contract explicitly states what you are contracted to do and clearly outlines ownership of the program and/or code, then that's an open and shut case in favor of the company.

What you're referring to, I believe, are the instances where said code ownership is not clearly defined. In those cases, yes the courts tend to rule in favor of the contractor.



I think we need a lawyer on this, and since it does vary on the state level, I caution that you cannot make sweeping statements regarding ownership. Though I wasn't privy to the agreement, I do know of a couple of contract software developers who screwed a fair-sized Wall Street firm. The firm of course sued, but lost as the language of their agreement was not enforceable under the New York state laws.


Yeah, we'd probably have to see the agreement. Because if the agreement didn't strictly specify "work for hire" some states will side with the contractor. I believe a "work for hire" agreement provides the commissioning party full protection under the U.S. Copyright Act.

Here's a write up on it from an attorney in New York: https://www.law360.com/articles/504857/software-work-for-hire-agreements-a-few-tips
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PostPosted: Fri Mar 03, 2017 12:01 pm    Post subject:

Rough week for Uber:

https://www.nytimes.com/2017/03/03/technology/uber-greyball-program-evade-authorities.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
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PostPosted: Fri Mar 03, 2017 2:14 pm    Post subject:

FWIW, I thought he was pretty nice to the driver until the driver started to escalate things. He's right in that the driver has to take responsibility for his own life. He can choose to work for any company he wants. Apparently, the argument was about Uber Luxe lowering its prices, which Kalanick denied. It should be pretty easy to check if that's true.
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