Re: Developing Open Source Software

Jeroen Wenting <[email protected]> Fri, 1 Aug 2008 16:45:49 +0200
Newsgroups gmane.comp.programming.language-of-the-year
Message-ID <200881164549.628441@spirit>

> "Tushar Joshi" <[email protected]> writes:
>> * When you work on an Open Source project after your usual job
>> hours is this approved by the employer?
>>
>
> Why should they care or even know about what you do on your own
> time?
>
I've had contracts that stated that all code written during the term of the contract, whether in or outside of office hours, belonged to the employer.
In practice that's just about impossible to enforce, and I don't think it's ever stood up to legal scrutiny, but why take the risk?

>> * If you develop a open source project with license like LGPL is
>> it allowed by the Employer to use that LGPL library in commercial
>> project you are working?
>>
>
> Why wouldn't it be, if the project was otherwise suitable for use
> in the project (i.e., not because you are associated with it, but
> because it's otherwise an appropriate choice)?
>
Legal troubles due to the license. While not as much of a problem as with GPL (which is a major nono for any commercial work) the legal department might not agree to allow it.

>> * What is the recommended practice followed by most software
>> professionals who contribute to Open Source projects in terms of
>> working hours?
>>
>
If the work is related to getting the OSS product to work within our system (fixing bugs critical to our use for example or introducing features we need) it's part of the normal work day.
If not, it's spare time.

>
> Of course, if there are other concerns (non-compete contracts,
> Copyright-assignment contracts, &c.) then those will trump
> philosophy ... but those can also be modified as necessary.
>
not always. You might have to change jobs to get those changed, and that's hard in the current economic climate (as is getting the contract terms you want, it's still an employers' market where the company can pretty much dictate the contract they want as they know they can get someone else easily instead of you).

> If there's doubt, it's probably best to have an explicit (and
> legally-recognized) memorandum of understanding with your employer
> about your particular situation.

Certainly.