Employee IP rights in Australia

I’ve had past conversations with others on the topic of intellectual property rights of employees in Australia, and had always been under the belief that pretty much anything I did in a creative capacity would belong to my employer.  Today I was pointed to this article, which suggests that’s not really the case.

Of course, for simplicity and to avoid any legal action, most people will still take care to separate their entrepreneurial activities as much as possible from their work.  Colleagues frequently leave their current role to go off and fully develop something they’ve been working on secretly.

So if you’re interested, this article has a good discussion of the state of play for employees, employers and their IP rights - 

http://www.findlawaustralia.com.au/articles/default.asp?task=read&id=16492&site=CN

Sure, it's a developer's world, but still?

One more word on XP as methodology (well, a few more actually).

Any methodology seems to me to be a snapshot of a solution to a particular problem that somebody solved at some point, with a particular set of people and skills in a specific context. There are occasional statements flying around the agile-testing group which suggest to me that the intial applications of XP were either in similar contexts or recreated the important aspects of the original context.

One of the things that strikes me about the thoughtful practitioners Michael describes (and that I’ve been able to observe) is that they are actively seeking to solve a problem. They evaluate a development approach that they hope will solve the presenting problems they have, optimised for the skills that the team possesses and the organisational context. Then they attempt to solve their problems through the application of the designed approach.

My snapshot of some of the important attributes of XP’s context is this -

- Poor or non-existent testers and business analysts.
- Developers who were quite good at testing their own code and focusing on the business domain.
- Knowledge residing in customers’ (or analysts’) heads struggling to be free.

I’m convinced that there are many applying XP who have never really given thought to the problems it is designed to solve, the skills that are required to apply it successfully, the people required to make it work, how it might affect those who don’t fall within the XP developer circle and whether it is suited to their organisation and its culture.

We may then witness some of the following -

- Alienation of those who are not developers while the developers ‘do XP’ (by the book).
- Sub-optimal use of the skills of non-developers.
- Disappearance of team members who get less than two paragraphs of description in the XP book.
- Practices not solving the problems they were designed to when the underlying values or principles are not present.

It’s hard work to tweak XP to fit a team that isn’t just customers and developers.
So think about it. What skills do you have in your team? In whose hands do they lie? How will you work with the people around you to get the most out of your project, not just the developers?

The practice of simplicity (or Methodology perils)

Michael Bolton talks about the perils of simplicity in XP, especially when it comes to defining the word ‘work’.

I’ve shared some ‘perils of XP’ conversations with Michael of late, so I wanted to consider my experiences on the topic.

One thing that strikes me about software methodologies is that like many things which are written down, recorded and/or institutionalised, the reasons are often long forgotten. The early adopters are typically passionate, thoughtful, and (I believe) seeking to solve a very specific problem.

Those that come to the team later may learn the practices that the current team is using, but never understand the problem that those practices are intended to solve. Indeed, the existence of the practices may cause them to never witness the problem at all. This may then lead to the Routine behaviour that Michael describes.

I’m also thinking that while writing down our values and principles as a guide for others is helpful, it may be more helpful to explain the journey that led us to our current thinking. Of course, we are usually slow to learn from the experience of others. I’m not yet sure how we instil just enough fear and understanding into those who haven’t experienced the pains of yesterday, but it seems like an important thing to do.

Before applying any software development approach (or modifying an existing one), it might help us to ask a few questions -

- What problems are we trying to solve?
- How might all of the team members best work together to solve these problems?
- How will we know if we’re succeeding?

Valuing early feedback – Why wait until the end?

I suspect that my boss has helped focus this thought for me.� I began wondering about why people wait until finishing something before seeking feedback.� Underlying assumptions behind checking something at the end might be -

- that you’re going to get it right first time.
- that nobody knows better than you do.
- that it is going to be faster if you do it all at once (tightly coupled to the first point).

Another possibility might be that you’re afraid of negative feedback, which, in the context of working on a software team, is delaying the inevitable.

I’m sure there are more possibilities.

Problems with our assumptions

That you’re going to get it right first time

How might we behave if we assume that we are not going to get it right?

That nobody knows better than you do

How might we behave if we assume that everyone might know something we don’t?

That it is going to be faster if you do it all at once

How do we know that ‘faster for me’ is necessarily faster for the project overall?

Values

Jon Eaves was blogging about problems related to development goals not aligning with business objectives and it resounded with some thoughts I had been having on company values.

In addition to goal alignment, I’m thinking at the moment that alignment of values is equally important, or at the very least it helps when the true values of the company are clearly stated. Goals tell us where we want to go. Values help us make decisions along the way.

While individual values may vary from the company’s, by being conscious of our own goals and that of our employer’s, we can discuss the differences, or at least see just how wide the gap is between one’s own values and one’s employer. I think this is a good starting point.

Disconnects

I overheard the following sentence from a project manager, accompanied by shock and outrage:

“Two *resources* didn’t turn up this morning!”

I believe the word they were looking for is “people”.

About me

I'm Jared Quinert, a testing consultant located in Melbourne, Australia. With over fifteen years of experience, I specialise in agile testing, context-driven testing and intelligent toolsmithing with a focus on business outcomes over process. As one of the most experienced agile testers in Australia, I've been diving in hands-on since 2003 to discover how to build successful whole-team approaches to software development.

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