#include <ianal.h> On Wed Jun 04 2014 at 1:55:01 PM, Biju Chacko <biju.cha...@gmail.com> wrote:
> On Wed, Jun 4, 2014 at 1:25 PM, Sudhakar Chandra <tha...@gmail.com> wrote: > > 4. Would the employee use any of the employer's resources (computers, > > bandwidth, electricity, office space, email address, hosting space, etc.) > > in developing the open source software? If not, how would the employee > > ensure that they are not using any resources from the employer in > building > > this software? > > There is no intent to do so but no way has been proposed to verify that. > Your contract should include a clause like "In developing this software Employee agrees to not use any of the Employer's resources - including but not limited to computers, internet bandwidth, electricity, office space, email address, hosting space. > > 7. What happens if someone sues the employee for the open source > software? > > Can the employer get sucked into the dispute? > > The intent is that the company be insulated from this. > A clause along the lines of "Employer disavows any legal liability, implicit or explicit from Employee developing said Open Source software" > > 8. What happens to the employer/employee if the software turns out to be > > the next What's App or InstaApp? > > Ensuring clarity on this is one of the goals of this exercise. > Perhaps also make it explicit that employee will continue to be evaluated on the work they do as part of their day job. And a clause about employer declaring no financial interest in said open source project. > > Some sort of agreement between the employer and the employee addressing > the > > details of these would be a good starting step. > > Exactly -- a template for this was precisely what I was looking for. > While my company is supportive it really isn't considered important > enough to spend lawyer hours on. We're trying to set a precedent so > that there is some boilerplate in place for other people. > For most companies, a short, common sense contract should be fine. But companies that are walking targets for frivolous lawsuits have been known to throw lawyers at the problem. Thaths
