[Gllug] doing GPL/opensource work while working?

[Alex Hudson]

On Thursday 04 October 2001 15:30, you wrote:
> >can you please point me to a contract agreement that was on
> > slashdot/advogato sometime last year.. it was about "when you are
> > involved in an open-source project, but at the same time your employer
> > wants to be part of this project!"
>
> Make sure it is already under a strong license such as the GPL (and
> copyright someone other than you); then the _only_ way you can
> co-operate is to produce stuff under the GPL.

Not quite. As an employee, you have no say what license code you produce is 
under - this isn't in your contract, this is the law. Now, if your employer 
wishes you to do work on a project, they have two options. The first is to 
allow you to comply with the license, in which case the work you do may be 
redistributed. Or they don't, in which case it can't. The fact that they 
allow you to co-operate does not give you authorship rights to your code.

Now, working on something in your spare time as well as at work also presents 
a problem, in that you are potentially subject to trade secrets / 
anticompetition clauses - this _is_ (probably) in your contract; it isn't 
law. However, the law is fairly clear. If your were involved with the project 
before your current employment (especially if your involvement in the project 
was what got you your current employment ;), then there are no problems, and 
your employer has no rights over your private coding time for the most part. 
However, if you are involved in the project subsequently, and/or your 
involvement in the project is part of your work, then you may have a problem 
and be subject to anti-competitive clauses, for example. If the Author of 
your code (your employer) has seen fit to give it away under the GPL, then 
this probably isn't a problem, since it would be hard for them to claim 
damages. However, if they haven't, then you have a real problem: namely, 
discrimination of authorship of the code: what is yours, and what is your 
employers. The courts would probably err on the side of the employer in this 
instance, and you would be breaking the GPL. 

As always, consult your lawyer ;(

Cheers,

		Alex.

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