[snip]

Hi Matt,

I should qualify that I am a US citizen, so the
relevant IP laws would apply AFAIK.  Now let's say I
write a Java library at work, but it's something that
is (a) useful and (b) fairly unique, and I think it
would make a nice commons component.  Time passes, I
change jobs, and based--no bullshit--entirely on my
recollection of the functionality I had implemented
before, I re-implement something extremely similar in
the commons sandbox for eventual consideration for the
commons proper.  I've heard various things to the
effect that you can't be held responsible for what you
remember (unless you're Ben Affleck in Paycheck); can
anyone comment on experience with this type of
question wrt the ASF?

IANAL

My only experience with this is outside ASF, and as a UK national it
may be different.  From what I know:

- if you re-implement without access to the spec/design/code of the
previous version
- & you didn't leave your last employment to create this new version
- & you are not directly competing

Then you tend to be pretty much bullet-proof.  It's better if you tell
the idea to someone else and then they implement it as there is a gap
between the original work and the new work, but basically from my
common sense view, you are not doing anything illegal by
re-implementing something without access to the source code or
detailed design work to copy from.

Given that this is for ASF, I'd have to say that legal should look
into it and if they think it may be a problem, then you'd have to just
accept that it may cause a problem later - I'm also aware that in the
US there is a propensity to sue over things that in the UK would just
be water under the bridge, so beware of the cultural
differences/understandings that I have compared to yourself.

[snip]

My 2p
Kev

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