2 ms·
Your legal options are really based on what your employment contract says and (to a lesser extent) what state you live in. If you signed an IP agreement, then
by joshuaellinger 7y ago
Your legal options are really based on what your employment contract says and (to a lesser extent) what state you live in. If you signed an IP agreement, then they almost certainly have ownership. If you didn't, then they are in a weak position but they probably have more money than you and they pay your bills so they have leverage if you got into a fight.
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But I don't feel like this is primarily a legal issue. It is a negotiation about property. The contracts come into play but the company and you both benefit more from a negotiated agreement than from a fight. It hurts them if you get mad and just quit, fork, give them a PR black-eye, and take the community with you.
So you should:
1. Take your employment contract and ask an attorney to look at it.
2. Ask if this document gives them the right to transfer control of an open-source project to them.
3. Decide if you are willing to quit over this or not.
Once your head is clear on what you are willing to do, it is time to start negotiating...
Hire the attorney to negotiate for you. Don't do it yourself -- you need a 3rd party and lawyers are professional negotiators. Expect to spend some money -- feels roughly like 5-10 hours if it goes quickly. You should be very clear to your company that you are asking a lawyer to negotiate for you because you want to work something out and you feel like it will destroy your relationship with them if you try to do it yourself.
Then get the attorney to discover why they want legal control of a project that is open-source when they already have you as an employee. If they care about the project and just want to influence the roadmap, they could just pay you to work on it full-time and get most of the benefit. If they feel like they need it for other reasons, see if there is an overlap between what you want and what they want. If they just feel like they own everything you do, you need to decide if that's what you signed up for.
Overall, I find it hard to give any better advice because you only presented what you want and not what the company wants. It could be anything from appearances (their investors want them have control) to money (they see a way to make a lot of money from your work). Until you know what the other party wants, you can't really come up with an agreement.