#2 please Heir employment asked by the CEO of your software organization to hire
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#2 please
Heir employment asked by the CEO of your software organization to hire and manage a of softwar 2. You have been e developers in an attempt to reverse engineer the latest release dt small group the software by your leading compettor. Tne goal of the group will be to identify features that could be implemented into the next few releases of your firm's software. Would you consider hiring software developers from your competitors to start not? effort? this group? Why or why What sort of legal and/or ethical questions might be raised by this reverse engineering 3. You have been promoted to the position of manager of your company's competitive intelli gence organization. Senior management fired the previous manager because they felt heExplanation / Answer
Yes i will consider hiring Software Developers from other competitors as far as
1) The new employees are “clean,” they assured me, having come over without any documents or files.
2) They have no longer access to any trade secrets of his former employer.
In the world of trade secrets, reverse engineering is universally embraced as acceptable. It involves starting with a publicly available product or set of information and taking it apart to discover how it was created. Why does anyone do this? To discover, legitimately, a path already taken:
In most circumstances, there is nothing wrong with reverse engineering. The recently-enacted Defend Trade Secrets Act declares that it cannot be an “improper means” of acquiring information.
The reason behind the rule is apparent when you consider the limits of trade secret protection: selling a product that reveals the design and method of its manufacture means the secret is imperiled. If it is very easy to discern, then the secret is lost immediately. If it might take some time to figure out, then that’s called reverse engineering, and anyone is allowed to do it.
Like most rules, this one has its limitations. You can’t use the reverse-engineering process to “discover” and duplicate a patented invention. That is one of the advantages inherent in using patent protection instead of trade secrets
Legal risk for reverse engineering.Reverse engineering is permitted provided
1) No infringement of intellectual property rights
2) No breach of contractual terms binding on the reverse engineer
3) No breach of confidence
Practice Points for Competitive Product Acquisition
(a) in good faith
b) from a legitimate source and
(c) for fair market value.
2) Maintain records to show independent development.
3) If someone at your company may have had access to another’s trade secrets, utilize third parties to conduct development related to those technical issues. – At the very least, employ appropriate screens.
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