Re: Contributing to the kernel while being employed

From: Martin J. Bligh (mbligh@aracnet.com)
Date: Wed Jul 30 2003 - 12:16:15 EST


Yes, those contracts normally have an exclusion clause for CA, which
has much more sensible laws (in this case ;-))

M.

--henrique2.gobbi@cyclades.com wrote (on Wednesday, July 30, 2003 09:58:02 -0700):

>
> I don't understand laws.
> What you guys think about this ?
>
> Labor Code section 2870 of the State of California:
>
> "Any provision in an employment agreement which provides that an employee
> shall assign or offer to assign any of his or her rights in an invention
> to his or her employer shall not apply to an inventory that the employee
> developed entirely on his or her own time without using the employer's
> equipment, supplies, facilities, or trade secret information..."
>
> henrique
>
> On Wed, 30 Jul 2003, Martin J. Bligh wrote:
>
>> > What if the employer _is_ interested in contributing to the open source
>> > under company copyright and doesn't mind using company resources, but
>> > the employee prefers to keep copyright to himself. The only way he can
>> > do it is by using his own resources and time (off hours). But this is
>> > not possible if there is a contract that coveres the full employment
>> > period, including after hours.
>>
>> Why do you want the copyright? So you can sue in case of violation?
>> If so, then giving both yourself and your employer copyright might help ...
>>
>> M.
>>
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>

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