RE: [OT] Who owns the code?

2014-08-27 Thread Kessler CTR Mark J
For us here, we have two restrictions. 1. Not using company resources or time to work on it. Meaning do it on your own time. 2. It does not directly compete with the company / it's contracts. Meaning not doing work for a rival company for something they are/could compete on. However the

Re: [OT] Who owns the code?

2014-08-26 Thread Jeffry Houser
I am not a lawyer, but that said.. On 8/26/2014 12:13 PM, Alex Harui wrote: My understanding is that when contractors work for a client, the client generally owns the code. It depends on the contract, really. But, in my world it is very uncommon for the client not to claim ownership of

Re: [OT] Who owns the code?

2014-08-26 Thread Mihai Chira
I got my manager to explicitly consent to automatic donations to Apache when we need to fix things in the SDK. I'm not sure this (i.e. an email) is enough from a legal standpoint. On 26 August 2014 17:13, Alex Harui aha...@adobe.com wrote: A question came up off-list that made me wonderÅ  I've

Re: [OT] Who owns the code?

2014-08-26 Thread Alex Harui
Hi Mihai, If you have a manager, that implies that you are an employee. The terms and conditions of your employment, and the manager's authority level in the company, factor into whether your contributions are sufficiently permitted. You may need to go up your management chain and get them to

Re: [OT] Who owns the code?

2014-08-26 Thread Alex Harui
Thanks Jeffry, One followup question: My understanding is that a contractor must have the option of doing non-client work. If that's true, if you found an SDK bug while working for a client, would you stop the clock, fix the bug, then start the clock again? That way the fix would be owned by

Re: [OT] Who owns the code?

2014-08-26 Thread Jeffry Houser
On 8/26/2014 1:00 PM, Alex Harui wrote: Thanks Jeffry, One followup question: My understanding is that a contractor must have the option of doing non-client work. As lubricious as it sounds; a lot of contracts I am provided by employers [bu default] they own everything I do regardless of

Re: [OT] Who owns the code?

2014-08-26 Thread Nick Collins
In many states ( California may be one of the exceptions ) those kinds of clauses are completely unenforceable if the invention is developed on your own time and only on your own equipment. If you are using company resources, then it definitely murkies the waters, but so long as you steer clear of

Re: [OT] Who owns the code?

2014-08-26 Thread Jeffry Houser
On 8/26/2014 3:56 PM, Nick Collins wrote: In many states ( California may be one of the exceptions ) those kinds of clauses are completely unenforceable if the invention is developed on your own time and only on your own equipment. If you are using company resources, then it definitely murkies

RE: [OT] Who owns the code?

2014-08-26 Thread Michael A. Labriola
My understanding is that a contractor must have the option of doing non-client work. If that's true, if you found an SDK bug while working for a client, would you stop the clock, fix the bug, then start the clock again? That way the fix would be owned by you. If the fix is owned by the

Re: [OT] Who owns the code?

2014-08-26 Thread Justin Mclean
Hi, My understanding is that when contractors work for a client, the client generally owns the code. Depends on what part of the world you are in and the contract you have signed with your employer or client. It's very different in the US to the rest or the world. With most of my contacts I

Re: [OT] Who owns the code?

2014-08-26 Thread Justin Mclean
Hi, In my experience / opinion; It is quite common for corporate contracts with non-legally-enforcable clauses. They certainly sometimes try - even here in Australia. Our employment laws however makes it quite clear some types of these clauses are not actually enforceable, in the case of