On the day of resignation, jd.com deleted the database and ran away, and the programmer was sentenced

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Hello everyone , I'm the principal .

Yesterday, another news about our programmers deleting code and running away was posted on Weibo hot search .

Actually , In recent two years, we often see the news that programmers go to prison , such as ：

2018 year 6 month , Han, the database administrator of Lianjia company, deleted the database privately , Sentenced 7 year .

2020 year , Weimeng group, a Hong Kong listed company IT Operation and maintenance employee he deleted the database privately , Sentenced 6 year .

and , In the use of Technology , We often see similar news , such as ： Because using crawler technology , Write a crawler script , Violate data privacy and commit a crime ; Because reptiles are more frequent , Cause the other party's computer system to crash , And commit the crime of destroying computer systems .

therefore , Programmers do things , Don't just stay on technical thinking , You care about technology , Regardless of business . After all, if business is illegal , Your skill is an accomplice .

What's the matter with the programmers from jd.com this time ？

2021 year 3 month , He was recruited into a company in Shanghai to engage in computer system research and development , Mainly responsible for the code research and development of JD home platform , however 3 After a month , Lu was dismissed by the company because he failed to pass the probation period .

The day of leaving , During the service period, Jingdong will write coupons to Jingdong 、 Delete codes such as budget system and subsidy rules , Cause the project to be delayed . In order to ensure the normal operation of the system , The company spent 3 10000 yuan to hire a third-party company to restore the database .

After the incident , With the help of family members, Lu compensated the company for RMB 3.5 Ten thousand yuan and get understanding , The court said , The defendant recorded a violation of state regulations , Delete the data stored in the computer information system , Its behavior has constituted the crime of destroying computer information system , Later, he was sentenced to 10 months' imprisonment .

For this event , Yesterday I posted a micro blog , There are about 200 More than ten thousand people read , The content of Weibo is like this ：

Another programmer who deleted the library and ran away , Actually , I wondered , Don't you really know the law ？ I find that many programmers make such mistakes , I remember that there was a similar case of deleting databases and running away in Weimeng , The programmer was sentenced 6 year .

I think at work , It should be common sense that the copyright of the code written in the company belongs to the company ？ therefore , When leaving , The content produced by the work must be handed over clearly , And the ownership belongs to the company , Individuals have no authority and right to deal with it privately .

This time it's ok , Family members actively compensate , And get understanding , Only for 10 Months , Although only in prison 10 Months , It's not long , however , Life has left a stain , Criminal records will last a lifetime , Not only affect their future work , It will also affect the future of their children , Some Examiners , Joining the army and other work that requires political review , Children can't do it anymore .

I feel it is necessary for programmers to study legal knowledge , In particular, study what is the crime of destroying computer systems , After all, the cost of crime is still high , For programmers , Maybe it's just a one line command operation , But will leave a lifelong criminal record .

Then some netizens questioned , comments ：

The copyright of the code written in the company belongs to the company ？ Invention in the company , The patent copyright does not necessarily belong to the company ？

You see , Indeed, many people do not understand the law .

Popularize the copyright of job output , Copyright , Patent ownership related laws .

China on job development , The ownership of software copyright , The principle is ： The copyright of job development software belongs to the unit .

natural person （ workers ） The software developed during his tenure in a legal person or other organization is under one of the following circumstances , The copyright of the software shall be enjoyed by the legal person or other organizations .

( One ) The software developed for the development objectives clearly specified in the job ;( Two ) The developed software is the foreseen result or natural result of the work activities of the job ;( 3、 ... and ) Mainly using the funds of legal persons or other organizations 、 Special equipment 、 Software developed by material and technical conditions such as unpublished special information and for which legal persons or other organizations are responsible .

However, the legal person or other organization can reward the natural person who develops the software .

According to our country 《 The patent law 》 The first 6 The provisions of article , The standard to distinguish between service invention creation and non service invention creation is ：

（1） Whether to perform the tasks of the unit ;

（2） Whether the material and technical conditions of the unit are mainly used .

1. Whether to use spare time , It is of little significance to distinguish between service invention creation and non service invention creation . If you make an invention in your spare time , It is to perform the task of this unit , Or mainly use the material and technical conditions of the unit , This is a service invention , The unit has the right to apply for a patent .

2. For the invention and creation completed by using the material and technical conditions of the unit , If the unit and the inventor or designer agree that the patent application right belongs to the inventor or designer , The inventor or designer has the right to apply for a patent .

3. If you make an invention in your spare time , Not to perform the task of this unit , There is no material and technical conditions that mainly utilize the unit , It belongs to non service invention creation , The inventor or designer has the right to apply for a patent .

Therefore, from the perspective of relevant software copyright laws and patent laws , Products developed or created by duty , Owned by the company , Job development and creation refers to the products or achievements obtained by performing the tasks assigned to you by the unit ; Or you use the company in the process of development or creation , The material and technical conditions provided by the unit , That is to use the company's resources , It also belongs to job development .

Non job development , Just didn't perform the tasks assigned by the company , Nor has it been developed by using wage technical resources and conditions .

Focus on ： Job development and non job development have nothing to do with whether we use our spare time to develop and create products .

This case , It also reminds me of one thing , That's it Nginx The arrest of my father , stay 19 In the year , Yes NGINX Two of his colleagues were detained in the raid , These include NGINX The father of 、NGINX Co founder of the company 、 The current CTO Igor Sysoev, also NGINX Another co-founder Maxim Konovalov.

The reason for being arrested is suspected to be related to the recent Russian search engine giant Rambler Group vs Nginx The copyright infringement lawsuit brought by the company is related to .Rambler Express , Igor ・ Sasayev is in Rambler The group has developed Nginx, therefore Rambler The group is Nginx Legal owner of all code . Igor ・ He said ,Nginx To hold a post Rambler During the development of , But I use my spare time .

You see , Products developed in your spare time , When you benefit , Sometimes companies are jealous , And compete with you for copyright and ownership .

therefore , When you work at ordinary times , Be sure to pay attention to , Relevant provisions on copyright and patent rights , I'll stress again ：

Non job development , Just didn't perform the tasks assigned by the company , Nor has it been developed by using wage technical resources and conditions . Job development and non job development have nothing to do with whether we use our spare time to develop and create products . If you are off duty , Use company resources and computers to develop their own products , It is also possible to share copyright with the company . therefore , If you develop your own products , Be sure to do it during non working hours , Use your own resources and computers , Don't use company .

Today's workplace environment , I feel it is necessary to know some legal knowledge . What do you say ？

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