Legal Question in Intellectual Property in California

Re: Use of sample code to obtain a job

I think you are relatively safe on the copyright concern, partly because there is no commercial exploitation involved and little likelihood that the copyright holder would sustain damages, and partly because 'showing' probably does not involve making any copy. I would try to limit myself to "showing" in the narrowest sense, and get it back.

As to the trade secret issue, your analysis may be correct, but I think this is a more dangerous arena, and you could still be charged even though what you show is only an implementation. One thing you must pay due regard is your present employer's policy and any agreement you signed with the employer respecting confidentiality and trade secrets. It would be unwise to breach a signed trade secrets agreement even if no harm resulted. Employers are known to pursue such suits to set an example to others rather than to recover damages.

If you decide to go ahead, your best chance of avoiding trouble is to make no copies, leave no written material for unsupervised inspection and copying, and show only incomplete fragments that demonstrate your abilities without constituting a disclosure of a secret.

There are no guarantees in this process, but your best chance of avoiding litigation is (1) respect any contract with or policy of the current employer; (2) make and leave no copies; and (3) show commercially-insignificant fragments that are by themselves without value except to show your technique.

Re: Use of sample code to obtain a job

I think you are safe..just give the prospective employers...a brief sample of the code that you have written for your current employer !!!