Le 01/09/15 16:55, jan i a écrit : > On 1 September 2015 at 16:44, Emmanuel Lécharny <elecha...@gmail.com> wrote: > >> Le 01/09/15 16:36, Bertrand Delacretaz a écrit : >>> Hi, >>> >>> On Tue, Sep 1, 2015 at 4:16 PM, Emmanuel Lécharny <elecha...@gmail.com> >> wrote: >>>> ...is a code donation require a software grant signed from the employer >> of >>>> the people who wrote the code ? In other words, do we require that the >>>> employer explicitely allow the employees to work on some code ?... >>> My understanding is that whoever signs the grant must be authorized to >>> donate the code, that's it. >>> >>> Depending on people's contracts it can be either themselves or their >>> employer - we cannot judge that from our side. >>> >>> I don't think we ever require a cCLA, that's something that's only >>> relevant between people and their employers. >> To be clear, in France, when you are an employee, most of the time you >> *have* to ask an explicit persmission from your employer to work on some >> other project, even out of your working hours (for the simple reason >> that if you work out of hours, then you might be totally worn out during >> your day job, which would be detrimental to the employer). That may have >> some legal implications : typically, the copyright might be claimed by >> the employer, as if the code was written during day job, which then may >> be a legal problem for The ASF and the users... >> >> I'm not sure that is a problem for other countries (and FTR, my question >> was bnot about french employees or a french company) >> > Your concern is valid for all countries in EU. except if a country has a > exception. > > the default in the IT industry is that the employer need to allow you to do > similar work > off hours, if not granted it is considered a contract breach and in any > case copyright belong > to the company. > > I had many problems with exact this part in my companies. We ended up by > writing a generic > disclaimer to all, that what they did off hours, belonged to them, but the > company wanted to know > about it. > > Be aware that in many places the binding is upto 6 month after a emloyer > leaves the company.
Thanks for your input. I'll make it clear to the people who submitted some code, in order for them to be aware of such legal problem. --------------------------------------------------------------------- To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org For additional commands, e-mail: general-h...@incubator.apache.org
