Freeing my code... need some guidance
btilly at gmail.com
Sun Jan 11 03:34:22 UTC 2009
On Sat, Jan 10, 2009 at 5:09 PM, Matthew Flaschen
<matthew.flaschen at gatech.edu> wrote:
> Ben Tilly wrote:
>> You don't get to dictate or bind them in any way, shape or form. You
>> have no ownership of that code you wrote. *Perhaps* you can convince
>> them to do what you want, but I wouldn't count on it. Please don't
>> try to ignore this fact because if you do then you can get yourself
>> into pretty serious trouble, very quickly.
> It's true Simon needs to clear things with his employer (they almost
> certainly own the code). However, this is hardly impossible. You can
> mention some of the major companies that contribute to FOSS (IBM,
> Oracle, Red Hat, Sun, even Microsoft). Tell them the FOSS community
> will help maintain the code, while the company can still do what they
> like with it (which includes potentially not mentioning their name).
> And don't make /them/ figure out the licensing issues Tell them "You
> should let me release this under BSD [or whatever you choose]. Here's why."
One of his desires is that his employer be bound by his license. If
they own the software, they are unlikely to agree with that.
>> There is no point wasting time thinking about what copyright license
>> you wish to put on code you don't have copyright to.
> I disagree. Obviously, only the employer can make the final decision.
> However, if Simon has specific licenses in mind (and reasons for them)
> when he talks to The Boss, it will be more convincing then saying, "Hey,
> maybe you should let me use one of the 72 licenses at this site."
His reasons include, "Because I want to use this in a business I am
planning to found." Most employers won't like that reason very much.
He has to come up with a reason that is palatable to them. For
instance, "If you let me open source this, I will be so enthusiastic
that I'll put in extra time on nights and weekends." Which will be
true. *But* only if he is allowed to own what he does on his own
time. As I said before, he needs to consult a lawyer first to find
out where he stands given his contract and local laws.
On Sat, Jan 10, 2009 at 6:34 PM, Charlie Poole
<charlie at pooleconsulting.com> wrote:
> Hi Ben,
>> Woah. Back up. Your contract says that your employer owns
>> the work you do for them. That means, literally, that your
>> employer owns it.
> I found the original post ambiguous as to whether the "project"
> for which Simon developed his software was for his employer,
> or one that he had been doing on the side. Perhaps he can
Re-reading, I did make an assumption there. However I note that even
if he did develop it on the side, it may still be owned by his
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