LabVIEW
Used a LabVIEW sequencer developed in another company , can I use it in my new company?
@ethen99 wrote:
Is a LabVIEW sequencer/ code considered as intellectual property of a company?
Absolutely. Even a simple 1 + 1 program is legally IP that you can't just take and use somewhere else, although writing it from scratch again is such a no brainer, that nobody would think about reusing one developed at a different employer. All work done during your paid time at an employer is considered the employers IP and it can be even difficult to claim IP on things that you did at home in your own time if it is considered in the line of your work at the employer.
Note that IP is not the same as copyright. There are even jurisdictions that do not allow to give up copyright. But where it's possible, it is almost always also part of your work contract that states explicitly that the copyright of anything you do during working time is actually owned by the employer too. But the commercial right definitely is your employers unless your work contract says specifically otherwise.
Unless you developed the entire sequencer on your own without ever using any time that was during your work time there AND have proof for that AND have an agreement with your former employer to give them a non-exclusive right to use it, you stand on two very weak legs if your former employer learns of your use of that code elsewhere and decides to take you or your new employer up on this and sends a cease and desist letter or worse.
@ethen99 wrote:
I really don't want to get into trouble
Then you have to ask (and get) permission. They might ask for money, give it to you, or say 'no', anything in between and\or variations (e.g. some free (future) support on what you made for them).
Often, with the knowledge you gained from making it the first time, you're able to make something similar a 2nd time, but faster and better.
Search LabVIEW like a graph! 
Rewriting is always an option and unless your former employer is in the business of creating and selling test sequencers/executives or similar products it should be safe. If it is one of their main line of businesses you may still have to check with them. It's anyhow a good idea to talk to them if you still have a good connection with them. They may not be against you reusing the software, but you may better not mention that you took a copy if it home with you. That was legally definitely a tricky thing to do.
Another angle to consider is that if your new employer even suspects you might be using IP from another company, they will probably drop you like a hot potato because they just don't want to be involved in a legal mess like that.
I have LabVIEW at home and at work, and I never develop something on one that belongs on to the other, just to be paranoid kind of safe. If I am going to work on work stuff at home, I bring the laptop home.
I'm so glad you had the foresight to ask that question so we could stop you from making a big mistake. 🙂
@JÞB wrote:
@billko wrote:
I have LabVIEW at home and at work, and I never develop something on one that belongs on to the other, just to be paranoid kind of safe. If I am going to work on work stuff at home, I bring the laptop home.
I actually did do some code development at home once. Under a home use license key BECAUSE I was on the Beta and my employer was not. I used my time to reorganize my reuse code and upgrade to "Silver" addressing a few small features along the way and generally improving VI Documentation etc...I had a gentlemen's agreement that I could back-date a timesheet and recover some of the effort but "Burden Hours" were never really liked there. (you had to charge some customer for the time. I NEVER agreed with that philosophy)
I "Transitioned" to a new job unexpectedly just before NI Week that year. I handed over a thumb drive at the next User's Group meeting and have enjoyed a positive relationship with them since.
Companies really hate "administrative overhead" because they can't charge someone else for the labor, which it seems these "burden hours" would fall under.
