6 ms·
Open source it.
by WayneDB 14y ago
Open source it.
- rst 14y agoHe can only do that if he has clear legal title to it --- and the issue here is precisely that he's signed a contract which may give the employer first dibs to appropriate it. (Beyond that, things get into murky "consult a lawyer" territory very quickly --- the precise language of the contract may make a real difference. And so may questions of jurisdiction; California law is more employee-friendly than elsewhere in the US, but you can't necessarily take that to the bank without checking the contract and the circumstances. Things get a whole lot easier if you can get the employer to sign papers which formally waive their claim on whatever-it-is --- but ideally, you'd consult a lawyer on the wording of the waiver. I've got one for my own open-source side projects, but it hasn't been legally vetted for third-party use, so I'm a bit reluctant to share it...)
- debacle 14y agoOpen source it now, before the employer tries to stake a claim, and the employer will have a hell of a time trying to rein it in. But I agree, getting your employer to sign something is the best bet. Even getting it in an email is better than just verbally.
- Spoom 14y agoDon't open source it without the employer's OK or disclaimer-of-copyright-interest. You don't want to be sued for disclosing trade secrets (which, if they claim the application, could very well be what they consider it). While they would have a tough time reining it in, that doesn't mean they won't take it out on you.