3 ms·

Ironic thing here is that it probably doesn't matter because Russian law regarding copyright assignment is very different and much more employee-friendly than t

Ironic thing here is that it probably doesn't matter because Russian law regarding copyright assignment is very different and much more employee-friendly than the US law. It will be interesting to see how the case develops but my understanding is that unless there was a very specific and documented work assignment from his boss to write nginx code, the copyright still belongs to Igor even if it was developed on the company equipment and on company time.

walshemj 7y ago
But its a trade secrets, breach of contract case. I am surprised Russian law is that pro employee - would wreak havoc for offshoring
- cnst 7y ago
  > I am surprised Russian law is that pro employee - would wreak havoc for offshoring I think it only seems that way because we're so used to the US model where software you develop in your spare time at home with your own equipment might still be owned by your employer or even a university (even if you're just an undergraduate student already paying many tens of thousands in tuition fees). I read a few IP policies over the years, and, if they are to be believed, apparently, even if you're simply using WiFi to work on your student project in a university building, they may claim to own the whole copyright and patent rights to any resulting work; I don't quite understand how everyone else doesn't find it as demotivating as I do. If you look at the actual reasons for Rambler not owning nginx — this situation is actually better for offshoring because anything developed for the client per the spec would be owned by the client, yet anything that employees work on in their own time, they could package as their own offering (e.g., separate packages and/or modules) and ramp-up work for more than one client without violating anyone's IP rights. TBH, I don't actually understand how software craftsmanship consulting is supposed to work in the US. As an IC SWE consultant, I was negotiating a nginx consulting project with one relatively big company, and the sample MSA I got from them basically would have precluded me from ever working on nginx again had I signed it as-is. I think it's really amazing how more folk don't get sued in the US for these sorts of things; I can only imagine that it's merely for lack of trying on part of most of these corporations, not for lack of standing (unless all these terms everyone agrees to are somehow unenforceable in reality).
- dunkelheit 7y ago
  > would wreak havoc for offshoring Why? I would actually expect offshore development to be the least problematic - typically there is a spec and agreed-upon set of deliverables and the rights to these deliverables are cleanly transferred. It is the common employment situation where your boss tells you your objectives in more or less vague terms which is more muddled.

walshemj 7y ago

But its a trade secrets, breach of contract case. I am surprised Russian law is that pro employee - would wreak havoc for offshoring

cnst 7y ago
> I am surprised Russian law is that pro employee - would wreak havoc for offshoring I think it only seems that way because we're so used to the US model where software you develop in your spare time at home with your own equipment might still be owned by your employer or even a university (even if you're just an undergraduate student already paying many tens of thousands in tuition fees). I read a few IP policies over the years, and, if they are to be believed, apparently, even if you're simply using WiFi to work on your student project in a university building, they may claim to own the whole copyright and patent rights to any resulting work; I don't quite understand how everyone else doesn't find it as demotivating as I do. If you look at the actual reasons for Rambler not owning nginx — this situation is actually better for offshoring because anything developed for the client per the spec would be owned by the client, yet anything that employees work on in their own time, they could package as their own offering (e.g., separate packages and/or modules) and ramp-up work for more than one client without violating anyone's IP rights. TBH, I don't actually understand how software craftsmanship consulting is supposed to work in the US. As an IC SWE consultant, I was negotiating a nginx consulting project with one relatively big company, and the sample MSA I got from them basically would have precluded me from ever working on nginx again had I signed it as-is. I think it's really amazing how more folk don't get sued in the US for these sorts of things; I can only imagine that it's merely for lack of trying on part of most of these corporations, not for lack of standing (unless all these terms everyone agrees to are somehow unenforceable in reality).
dunkelheit 7y ago
> would wreak havoc for offshoring Why? I would actually expect offshore development to be the least problematic - typically there is a spec and agreed-upon set of deliverables and the rights to these deliverables are cleanly transferred. It is the common employment situation where your boss tells you your objectives in more or less vague terms which is more muddled.