Freeing my code... need some guidance

Simon turner25 at
Sun Jan 11 16:15:00 UTC 2009

Matthew Flaschen wrote:
> Ben Tilly wrote:
>> 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.
> I (almost) said that ("the company can still do what they like with it
> (which includes potentially not mentioning their [this is a typo; I
> meant his] name)").

I mentionned in my original post that I thought having my name remembered what 
the only remain of my previous possessiveness, but thinking more about it.  I 
think if my employer wants to remove it for any reason, if they have reasons I 
mean, I think I could agree to that.  But in general terms, I prefer to have my 
copyright follow the derivatives into the future.

>> 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.
>> :-)
> That's not /necessarily/ hurting the business.  Businesses don't
> (always) try to do everything themselves.

And besides, the work that was started by me at home, continued at work at their 
expense will eventually be continued by my company at my expense.  My way of 
sharing even means I will _give_ them the work done in my own company later. 
However, I'm sure they will agree to a small outsourcing-style contract to 
ensure a better handling of the code in their company.  Say that I could give 
them support for upgrades and migrations, etc...  or they could try on their own 
too.  In any case, this is another level of benefit...  but it is uncertain, I 
could still change my mind... (however, looking at the perspective, i'm likely 
to open more and more!).

>> 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."
> True, or one of the others ("We'll probably get outside contributions",
> "It will be good PR for the company", "It will create demand for our
> other products", etc.)

This is my idea.
But it also goes on the other side...  hehe, my company is known by everyone in 
my country.  It is probably known by a lot of people in neighboring countries. 
Having their name added to the original copyright would also be a benefit in 
terms of PR for my software and website and future company.

>> 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
>> employer.
> Right.

You guys are right, but it really depends on what that clause in my contract 
says...  I will try to get a copy of it... the clause I remember is extremely 
general and only talks about what is brought in or created within the territory 
of the company.  Nothing like a full-blown programmer contract clause that 
extends the company territory as far as the employee's harddrive in certain 
cases...  and again...  the work is currently fully mine, i haven't shared it 
yet.  I'm preparing...  with your help!


> Matt Flaschen

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