Legal Release of Closed Source under Open Source License

[DShofi at atmi.com]

On August 9, 2010, Andrew Cutler wrote: 

> I'll be the one 'making the work available for download'. What I'm
> really asking is what is the necessary documentation to evidence the
> fact that the client has allowed the code to be released under an open
> source license? Is a letter sufficient?

> Client says it's ok, but obviously this fact needs to be documented in 
writing.

> There doesn't seem to be much information online. I'd talk to an IP
> lawyer, but for their time I'd be better off rewriting the code from
> scratch.

If you really want or need to be the licensor, I am sure that anyone with 
knowledge of OSS licensing will agree that you have two choices to avoid 
legal pitfalls:

1.  Get a written assignment of the entire code base from the present 
owner(s) (presumably the client but be real sure) to you 

OR

2.  Get an IP lawyer to help you.

David

David M. Shofi | Chief Intellectual Property Counsel | Phone: 203-207-9342 
| Mobile: 203-770-2865 | Fax: 203-797-2544 | ATMI | 7 Commerce Drive | 
Danbury | CT | 06810|  http://www.atmi.com | dshofi at atmi.com
 

 

*************************************************

This email message may contain information that is confidential and/or 
privileged and is intended only for use of the individual or entity named 
above.  If the reader of this message is not the intended recipient, or 
the employee or agent responsible to deliver it to the intended recipient, 
you are hereby notified that any dissemination, distribution, or copying 
of this communication is strictly prohibited.  If you have received this 
communication in error, please notify sender immediately and destroy the 
original message.  Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/attachments/20100809/d7b9a2c2/attachment.html>