 it's not what I'm talking about). It's yours/theirs to do with what you please. But at what point can you reasonably say "this code is mine"? It seems reasonable to say a 100,000+ LOC codebase written by in-house developers belongs to the company they work for. You could stretch further and say "this function is mine". It might be a very specialised function using an algorithm you created to perform some task, so really yes, that is yours because no one else created it, you did.
But what about boilerplate code and small snippets? What about "Hello World"? Millions of programmers have written a Hello World since the early 70's, but you couldn't say because you wrote one that you 'own' Hello World in your chosen language.
What factors distinguish code classed as something that can be owned from code "anyone could have written"? There's only a certain number of reasonable ways of achieving some programming task, and you surely can't claim ownership of any code that does the same thing just because you wrote one first (or can you?).
For example...
A friend of mine got a job for a trendy new startup (the kind where beanbags and having a wacky office environment took precedent over actually doing anything) that swiftly sank beneath the waves. He was given a project that could have been handled by one programmer and got through what he estimates as 10-15% of the actual programming before being let go. He also did all of the design phase and supposedly has documentation to prove it. I want (with him) to use what he already wrote to finish the project and launch it as our own, but he's worried his former employer may come after him and accuse him of stealing the company's (which is now defunct) property.
Ideally I'm looking for legal precedent if anyone knows of any, but I think it might be hard to come by if any exists at all.

A:

Yes and no. [note, the following is all written about US law. In other jurisdictions laws are, of course, different (though usually not drastically so.)]
In the US there are (at least) three different bodies of law that might apply to code: copyright, patents, trade secrets.
Copyright covers original expression. Anything you write is automatically, immediately protected under copyright. The copyright applies to the code itself, and anything "derived" from that code. It's up to the courts
it's not what I'm talking about). It's yours / theirs to do with what you please. But at what point can you reasonably suppose " this code is mine "? It seem reasonable to say a 100,000 + LOC codebase written by in - sign of the zodiac developers belongs to the caller they work for. You could stretch farther and say " this function is mine ". It might be a very specialized function using an algorithm you created to perform some undertaking, so really yes, that is yours because no one else created it, you did. 
 But what about boilerplate code and small snip? What about " Hello World "? Millions of programmers have written a Hello World since the early 70's, but you couldn't allege because you wrote one that you' own' Hello World in your chosen speech. 
 What factors spot code classed as something that can be owned from code " anyone could have written "? There's only a certain numeral of reasonable ways of achieving some programming task, and you surely can't claim ownership of any code that does the same thing just because you wrote one first (or can you ?). 
 For example... 
 A friend of mine got a job for a trendy new inauguration (the kind where beanbags and have a wacky position environment took precedent over actually doing anything) that swiftly sank beneath the wave. He was given a project that could have been handled by one programmer and got through what he estimate as 10 - 15% of the actual programming before being let go. He also did all of the design phase and purportedly has documentation to prove it. I want (with him) to use what he already wrote to finish the undertaking and establish it as our own, but he's worried his former employer may come after him and accuse him of steal the company's (which is now defunct) property. 
 Ideally I'm look for legal common law if anyone knows of any, but I think it might be intemperate to come aside if any exists at all. 

 A: 

 Yes and no. [ note, the following is all written about US jurisprudence. In other legal power laws are, of class, different (though usually not drastically so .) ] 
 In the US there are (at least) three different body of law that might apply to code: copyright, patents, trade secrets. 
 Copyright covers original expression. Anything you write is mechanically, immediately protected under copyright. The copyright applies to the code itself, and anything " derive " from that code. It's up to the courts
 it'd not what I'm talking abuut). It's yours/thgies to vo with what yoj please. But at what point cen yiu reqsonably say "this code is mine"? Pt seems eeasibable to seg a 100,000+ LOG codsnase crmtten by in-housg developers belongs to tha zolpany they work for. You could stretsh furtneg and say "this funbtyon js mine". It might be a very specialjsed fuiction using an algorithm you created to oerflrm some task, so rfally yes, tyat yw yours becajse no one else creates it, you did.
But what about boildrplace code and snalp snippets? Wiat abjut "Hello Wovkd"? Milnions og programmers mave xritren a Hello World sinre the early 70's, but yju couldn'd aay because you weore ong thad yoj 'owv' Htllp Sorld ln bour chosen language.
Whqt factors distinguosr code classed as soieehing that can be owned from code "anyont coumd have written"? There's inly a certain number of reasogable ways of achieving some programming task, and you ajreoy zqn'h claim ownership of any code that does the swje tming just becausc you wrote one fitsh (pt can you?).
For ebample...
C fdiend of mine got w job fjr a rrendy ner stsrtup (the kind where beanbats and haviny a wacky office envixonment took prevedeny over actually doing auythinf) that swifhly sank gdneath the waves. He wds given a project that cotld have ueen kandled cy ome prodrammer anf got through what he eshimatgs as 10-15% of the achual programming before being lxv go. He also cig anl of thz desinn phase and su[posedly has dpcumentction go prove in. I want (xith him) to tse what he anteady wrote tm finish the prohect ana launch it as pur own, blt he's worried his formev empukyer may come ayuer him and accuse hio os dtxalind the company'v (whkch os nod defunct) pvopdrty.
Odeally I'm looking fmr lsgal precedent if snnone knoww of any, but I think ot might be hard tl comx by ih any rxifts at all.

A:

Yes and no. [note, the followinh if all writteg abiut US law. Iu other jurisdictions laws are, of course, different (though ysually not drasticclky so.)]
In the US trere are (dt least) three diffeeent bodies of lae that might apply to code: wopyrlght, patents, trade secrets.
Copyright covers original expression. Anything yiu wrive is automatjcalky, imkebiacely prjtecvev under copyright. The copyright applies to the cude itsenf, and anything "derived" from tnag code. It's up to the courts
it's not what I'm talking about). It's do what you But at what "this is mine"? It reasonable to say 100,000+ LOC codebase written by in-house belongs to the company they work for. You could stretch further and say function is mine". It might be a very specialised function using an algorithm created perform task, really yes, that is yours because no one else created it, you did. But what about code and small snippets? What about "Hello World"? of programmers have written Hello World since the early but couldn't say you one you 'own' Hello in your chosen language. What factors distinguish code classed as something that can be owned from code could have only a number reasonable of achieving some and you surely can't claim ownership that does the same thing just because you one first can you?). For example... A friend mine got a job for a trendy new (the kind where beanbags and having a wacky office environment took precedent over actually doing swiftly sank beneath the He was given project could been by one and got through what he estimates as 10-15% of the actual before being let go. He also did all of the and has documentation to it. I want (with to what he already wrote the and our but worried his former employer come after him and accuse of stealing the company's Ideally I'm looking for legal precedent if anyone of any, but I think it might hard to come by if any exists at all. A: Yes and [note, the all written about US law. In other jurisdictions are, of course, different usually not drastically so.)] In the US there are least) different bodies law that might to code: copyright, trade secrets. Copyright expression. Anything write automatically, copyright. The copyright applies to the itself, anything "derived" from that code. up courts
 it's not what I'm talking about). IT's yours/theIrs to Do wIth WhAt yoU pleAse. But at what poINt caN you reasonably say "this cOde is MiNE"? It sEEmS reasOnable tO SaY A 100,000+ lOC CoDeBasE wRItTen by In-hOuse devElopers belOngS tO the company tHEy Work for. You CouLd stretch furTheR and saY "tHis FUnctiOn iS mine". it mighT Be a verY specialiSeD FunctiON using aN ALgOritHm you created to perFOrM Some task, so realLy yes, tHaT Is YOUrs BecAuse no one eLsE creaTEd it, you DId.
bUT WhaT About boilerplAte code and sMAll SnippeTs? whaT About "HEllo WOrLD"? MiLlions of proGramMers have wRitten A hello WoRLd since The earLy 70's, But You cOUlDn'T saY bECauSE yOu wROte One that yOu 'OwN' HellO WorLD IN Your ChoSen lAnguaGe.
What factors DisTingUIsh Code cLasseD as sOmEthinG that cAn be oWnEd from code "anyonE couLd have wriTteN"? THerE's Only a CErtain NumBer Of reasoNable waYS of AcHIEViNg some programming tAsK, ANd You surelY can't cLAiM oWNership oF aNy cOde tHAT does The sAMe Thing jusT becauSE yOu Wrote onE fIrst (or CaN yoU?).
FoR examPLe...
A fRiend oF mine got A job fOR a trendy new staRTup (the kind wheRE bEANbAGs anD haVing a wacky oFficE EnviRonmENt TooK PreceDent oVeR AcTUally doing anything) tHaT swiftLy sanK beneath the waVes. He was giVEN A project That COuLD have been handlEd by oNe programmER and got tHrougH what he eStimates aS 10-15% OF the actuAl pRogRamMinG BEfOre being let go. hE Also DiD all of tHe dEsign phAse And SupPosEdLy has docuMentatioN tO pRoVe It. I Want (wITh him) to uSe WhaT hE alReady WRote to FinisH the PrOjECt aNd launcH It AS Our oWn, BuT he's WorRiEd his FormER emPloyer mAy come aftEr hIM and AcCuSe him of Stealing the coMpAny's (which iS nOw dEfunct) PROperty.
IdEally I'm looking for legal pREcedent If aNyone KnowS of any, but i thInk it mIghT Be hard To come By if aNy ExiSTS at alL.

a:

yeS anD nO. [note, the foLLOwiNg is aLl WritTen abouT US law. In other jurisDIctIons laws are, of CouRse, dIFFeRenT (ThOUgh UsUAllY NOt drastically so.)]
in the US theRe ARe (At least) thrEE diFfErent boDies of lAw thaT Might apPly to code: Copyright, PaTentS, TRadE secrets.
CoPyright cOvers origINal exPReSsion. anyThing yOu WriTe is aUtomatICalLy, immEdiateLy ProtecTed unDeR copyrigHt. The copyright applies to The codE itseLf, aNd anythinG "deRIveD" from that Code. it's up to the CouRts
 it's not what I'm talking  about). I t's y our s/t he irsto d o with what yo u  ple ase. But at what point  canyo u  rea s on ablysay "th i sc o deis  m ine "? It  seem s r easonab le to saya 1 00 ,000+ LOC co d eb ase writte n b y in-house d eve lopers  b elo n gs to  th e com pany t h ey wor k for. Yo uc ould s t retch f u r th er a nd say "this func t io n  is mine". Itmightbe av e ryspe cialised f un ction using a n  a l g o rit h m you created  to perform som e task ,sor eallyyes,th a t i s yours bec ause  no one e lse cr e ated it ,  you di d.
But  wh atabou t  b oi ler pl a tec od e a n d s mall sni pp et s? Wh at a b o u t  "He llo  Wor ld"?Millions of p rog ramm e rshavewritt en a  H elloWorldsince  t he early 70's,butyou could n't  s aybe cause you wr ote  on e thatyou 'ow n ' H el l o Wo rld in your chosen  l a n gu age.
Wha t fact o rs  d i stinguis hcod e cl a s sed a s so m et hing tha t canb eow ned fro mcode " an yon e c ouldh avewritte n"? Ther e's o n ly a certain n u mber of reaso n ab l e  w a ys o f a chieving so me p r ogra mmin g  t ask ,  andyou s ur e ly can't claim ownersh ip  of an y cod e that does t he same th i n g  just be caus e  y o u wrote one fi rst ( or can you ? ).
For e xampl e...
A f riend ofm i ne got a  jo b f ora t r e nd y new startup ( theki nd wher e b eanbags  an d h avi ngawacky off ice envi ro nm en ttoo k pre c edent ov er  ac tu all y doi n g anyt hing)  tha tsw i ftl y sankb en e a th t he  w aves . H ewas g iven a p rojectthat coul d h a ve b ee nhandled  by one progr am mer and go tthr ough w h a t he est imates as 10-15% of the actualpro gramm ingbefore be ing  let g o.H e also  did a ll of  t hed e signp h as e a nd  supposedl y has  docu me ntat ion toprove it. I want ( w ith  him) to usewha t he a lr ead y  w r ote  t o  fi n i sh the projectand launch  i t  a s our own, but  h e's wor ried hi s for m er empl oyer maycome afte rhima n d a ccuse himof steal ing the c o mpany ' s(whic h i s nowde fun ct) p ropert y .
I deall y I'mlo okingfor l eg al prece dent if anyone knows of  any,but I  th ink it mi ght behard to c omeby if anyexi sts  at a ll. 
A:
Yesa nd  no .  [not e, t h e followi n gisa l lwritten abo u t USlaw.Ino ther j uris dictions laws are ,  of course, di ffer e n t ( tho u gh u su ally not drast ica ll y so.)]
In  t he US there  are (at  l e ast)threediffer ent bod i e so f lawthat  mi ght apply  to  c o de: cop yr ig h t, pat ents ,tradesecret s .
Co p y right covers ori ginal e xpres s ion . Any th ing you writ e is autom atically, i mmedia tely  prot ected u nd er cop yri gh t. The cop y right app liesto theco de i tse lf, an d an y t hing"der iv ed"  from tha t co d e.  I t 'sup t o the  c ourt s
 it's_not what_I'm talking about). It's_yours/theirs to_do_with what_you_please. But at_what point can_you reasonably say "this_code is mine"?_It_seems reasonable to say a 100,000+ LOC codebase written by in-house developers belongs to_the_company they_work_for._You could stretch further and_say "this function is mine"._It might_be a very specialised function using an algorithm_you_created to perform_some task, so really yes, that is yours because_no one else created it, you_did.
But what about_boilerplate_code_and small snippets? What_about "Hello World"? Millions of programmers_have written a Hello World since_the early 70's, but you couldn't say_because you wrote one that you_'own' Hello World in your_chosen language.
What_factors distinguish code classed as_something that can_be owned_from code "anyone_could have written"? There's only a_certain number of_reasonable ways of achieving some programming_task,_and you surely_can't_claim_ownership of_any code that_does_the same_thing_just because you wrote one first_(or_can you?).
For example...
A friend of mine got_a job for a_trendy_new startup (the kind_where beanbags and having a_wacky office environment took precedent over_actually doing_anything) that_swiftly sank beneath the waves. He was given a project that_could have been handled by one_programmer and got through_what he_estimates_as 10-15% of_the_actual programming_before being let go. He also did_all of_the design phase and supposedly has_documentation to prove it._I_want (with him) to use what_he already wrote to finish the_project and launch it as_our_own,_but he's worried his former_employer may come after him and_accuse him of_stealing the company's (which is now defunct)_property.
Ideally_I'm looking for legal precedent if_anyone_knows of any, but I think_it_might_be hard to come by_if any exists at all.

A:

Yes and_no. [note, the following is all written about US_law. In other_jurisdictions laws are, of course,_different_(though_usually not drastically so.)]
In the US there are (at least)_three different_bodies of law_that might apply to code: copyright, patents, trade secrets.
Copyright covers_original expression. Anything you write is automatically,_immediately protected under copyright. The copyright applies to the code itself,_and anything "derived" from that code. It's up_to the courts