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Developers’ side projects

joelonsoftware.com

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Re: Developers’ side projects

#22

Post by zeveb »

maerF0x0 wrote: post #4

This gets super muddied when you consider doing FOSS contributions as part of your work. Sure you can sign a contributor agreement, but its not yours to give away. The employer owns the code you contributed to a FOSS project. The project got the signature from the wrong entity.

> Sure you can sign a contributor agreement, but its not yours to give away. The employer owns the code you contributed to a FOSS project. The project got the signature from the wrong entity.

Which is why the FSF requires documents from contributors' employers: https://www.gnu.org/prep/maintain/html_node/Copyright-Papers...

Re: Developers’ side projects

#23

Post by stevesun21 »

I got a little confused of this article. Firstly, the author try to say that side projects are belong to the company hires you as full time employee, and, then throw the game designer example, but it sounds to me like the game designer is contractor not a full-time employee, so, it follows the default copyright, I am ok with that, and then, the author start using this case to approve the relationship between your side project and your employer as you are a full time employee. Am I missed some info?

I remember that in Canada, the full time employee contract mentions something like, 40 hours per week, and also explicitly mention if you use company's property or equipments to produce some, or you produce some at company venue, then all copyright belongs to the company.

Re: Developers’ side projects

#24

Post by mikepavone »

lowglow wrote: post #12

IIRC california if you don't use company assets, side projects are yours. Speaking of, I'd like some collaborators to help with my side project "Terra Plant": https://baqqer.com/collaborate

If you read the full article, it covers the law in California which has three tests. Two of those tests are straightforward (company time and company equipment), but the third (related to the company's business) is less straightforward. My impression as a non-laywer is that the courts will probably take a somewhat narrow view of that third test, but the actual language in the law is pretty vague and some companies are involved in many fields.

EDIT: May be a bit less narrow than I thought. This [1] journal article cites some relevant case law.

[1] https://digital.law.washington.edu/dspace-law/bitstream/hand...

Re: Developers’ side projects

#25

Post by hyperopia »

swalsh wrote: post #13

The hope that one of my side projects will some day succeed, and I can leave my 9-5 is the only thing that drives me. If I said, "welp, legal" i'd die inside. Some people have church, I have side projects.

I was checking out your side project but couldn't figure out what it was/did?

Re: Developers’ side projects

#27

Post by lazaroclapp »

spacelizard wrote: post #18

It's disappointing that there are no conventions or legislation to rectify this situation. I have several side projects going right now, and it gets frustrating going to interviews and being asked to give up all of it just for the supposed "privilege" of being able to write code for a larger company. The solution I've found is freelancing, but this has the problem of not really providing steady work.

Many companies allow you to hold on to "previous inventions" if you document them before signing up with them. It gets a bit fuzzier for projects you start while working at said company, and the trouble of documenting said previous inventions is enough that I am not sure is worth it except in the case of major projects or patents granted to your name personally, though.

Re: Developers’ side projects

#28

Post by eridius »

stevesun21 wrote: post #23

I got a little confused of this article. Firstly, the author try to say that side projects are belong to the company hires you as full time employee, and, then throw the game designer example, but it sounds to me like the game designer is contractor not a full-time employee, so, it follows the default copyright, I am ok with that, and then, the author start using this case to approve the relationship between your sid…

The game designer is a full-time employee.

Re: Developers’ side projects

#29

Post by tptacek »

My experience with employment contracts has been that in addition to the "anything related to employer's business" clause, there will also usually be a schedule at the end of the contract where you can list specific side projects you're working on --- and that schedule can be amended (or extended with a clause like "anything agreed to in writing with your manager") later on.

It's not ideal from an employee's perspective, but it's at least less unpredictable.

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