[lug] CYA and a RANT

[Scott A. Herod]

Hello,

I've been given contracts to sign similar to those that you mention
below and refused.  The employers were always open to negotiation and
typically I merely added a phrase to the effect that they only owned the
code that I wrote which were part of my responsibilities.  This whole
thread reinforces the statement that you should always get, read, and
negotiate a contract for any work that you do.

For the original poster, I would suggest that you call it a learning
experience and let it go.  Next time, make sure to get a contract and
include in it the provisions that you wish.  I doubt, however, that
anyone would agree to get you to do work if they lose rights to it once
you leave.

When I have taken a contract (either temp. or for full-time) I also add
a note that some of the code that I provide belongs to me but that they
have perpetual rights to it.  For example, I've got a nice (I think) set
of socket classes and there is not point in writing it again.

On a somewhat related note: I am pretty angry at a reporter on NPR
yesterday evening who lumped Linux and Open Source advocates in with
WarChalkers and wireless network sniffers.  Just because we use and
advocate a "free" operating system does not mean that we feel that we
can illegally use others property nor that we are free labor.

Scott

Terry Branaman wrote:
> 
> On Tue, 2002-10-01 at 13:16, j davis wrote:
> > we have no contract. This was something i did at night on my own time.
> > I took one of my personal firewall scips and modified for work,
> > on my own time at my house. I have never been paid for this scrip
> > and do not want this company using any of my work that i did for free.
> >
> They might still have grounds to claim your scripts as their property,
> at least the copies on their machines. Some companies that I have worked
> for had language in the employment agreements that allow them to claim
> any software developed by employees, even if it was done on the
> employee's time and equipment (sometimes with provisions that this only
> applied if the development was related to the work being done or
> information learned as a result of employment).
> 
> If they really aren't Linux savvy, then they will probably only use the
> system until they can get another solution that they understand in
> place. That's what happened at the last place that I worked. I looked at
> those scripts as a learning experience for me rather than as a "freebie"
> for them.