Sovereign immunity blocks DMCA suit against Air Force

[SUBMAN1]

Originally Posted by Kazuaki Shimazaki II

Frankly, I've got extremely little sympathy for the DMCA in general, so anybody that tells it to go to h*ll, even if it is the government, automatically attracts my sympathy.

And I've got even less for Davenport's obtuseness. Yes, I know it is a program he developed in his spare time, but once you got a promotion for it, well, that means it just got professional, and the code becomes "company" (USAF in this case) property. Davenport was insubordinate, and actively acting against the interests of the USAF. ******* him.

I don't see it that way. Here is a man with an idea that tried to create a business, and then got shunned for getting too big. To me, this is a terrible thing! The small guy got kicked! The Air Force liked his product that he spent many hours on hoping to create a future for himself! Then the AF copied it! That is absurd in my book. Insubordinate it is not. You can call that after the AF already dumped on him by demanding the source code.

The DMCA - I am no friend of that either, but it is one way this guy could have returned to his business model vs being dumped out in the cold. The DMCA however in iteself needs to be dumped. It is bad legislation.

-S

[XabbaRus]

Hmm interesting one this. Did he make a business out of it, ie selling it to the airforce after they approved use or did he just let them use it.

This is the deal. If I "develop" a new product or piece of kit for my company to use, even if it is in my own time but is then employed by my company I think it becomes theirs in all the rights so if I then refuse to let them have the original plans I can get kicked.

Personally I think he should have just handed over the source code or maybe worked out a deal. It seemd an airforce specific program anyway.

[August]

Originally Posted by SUBMAN1

Here is a man with an idea that tried to create a business

You don't see anything inherently wrong with a serving member of the Armed Forces doing this?

[SUBMAN1]

Originally Posted by August

You don't see anything inherently wrong with a serving member of the Armed Forces doing this?

No - he is in a position to know what they need. He didn't have to spend 1000's of hours in his living room creating something on his own time for free. If it was done on Air Force time, then yes, there would be a conflict of interest.

-S

[August]

Originally Posted by SUBMAN1

No - he is in a position to know what they need. He didn't have to spend 1000's of hours in his living room creating something on his own time for free. If it was done on Air Force time, then yes, there would be a conflict of interest.

-S

Anyone who has ever served in the armed forces would know there is no such thing as free time. You are a serviceman 24/7/365.

[CptSimFreak]

Originally Posted by August

Anyone who has ever served in the armed forces would know there is no such thing as free time. You are a serviceman 24/7/365.

What coolaid have you been drinking? I've seen people that had extra jobs and own companies while in USAF...does that mean their paycheck should be direct deposited into AF account?

[August]

Originally Posted by CptSimFreak

What coolaid have you been drinking? I've seen people that had extra jobs and own companies while in USAF...does that mean their paycheck should be direct deposited into AF account?

That a service member owning a business that sells stuff to their own branch of service? Can you say "conflict of interest"?

[CptSimFreak]

Originally Posted by August

That a service member owning a business that sells stuff to their own branch of service? Can you say "conflict of interest"?

....yes I have. And they provided cheaper service than a regular contractors and actually accomplished things.

[SUBMAN1]

Originally Posted by August

Anyone who has ever served in the armed forces would know there is no such thing as free time. You are a serviceman 24/7/365.

Well, this was his down time and he made the choice of creating something that the AF would like instead of doing personal things. Regardless how you spin it, it was his 'own' time that he could of wasted in other ways, but this guy is one enterprising individual. He should be compensated for his efforts. A promotion is nice, but that is not what he was after.

-S

[August]

Originally Posted by SUBMAN1

Well, this was his down time and he made the choice of creating something that the AF would like instead of doing personal things. Regardless how you spin it, it was his 'own' time that he could of wasted in other ways, but this guy is one enterprising individual. He should be compensated for his efforts. A promotion is nice, but that is not what he was after.

-S

Apparently the courts do not agree with your assessment...

[SUBMAN1]

Originally Posted by August

Apparently the courts do not agree with your assessment...

That is not true. They said nothing about my assesment. They took it from a National Security standpoint - Air Force immunity.

-S