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Police conducted search in the Nginx office due to a copyright claim

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Re: Police conducted search in the Nginx office due to a copyright claim

#181

Oh my, I still see people in the comments who naively think this is a copyright issue. Seriously? 15 years after the alleged event? With physical violence against software developers? It's only one among thousands of cases when putinists rob successful companies. The world must put more pressure on putinism, because eventually all the stolen resources turn into imprisonments of people in the country and deaths of peo…

It can be both a copyright issue and a corruption issue.

Sounds more like trade secrets / breach of contract

Re: Police conducted search in the Nginx office due to a copyright claim

#182
post #149
post #85

Earlier quoted context omitted.

Physical access is easier to get than remote access when you have a baton and the intelligence of a cop.

FSB/GRU are more than just thugs with batons, they are professionals who could easily slip in to a building at night and access computers without anyone knowing. Basically the Russian CIA.

GRU have been severely embarrassed quite a few times in the last few years. It does seem that they're much closer to thugs with batons.

Re: Police conducted search in the Nginx office due to a copyright claim

#183
post #11

9.5 rules of doing business in Russia 1. Keep your servers abroad. 2. Register your domains abroad. 3. Register your company abroad. 4. Keep your money abroad and don't put all eggs in one basket. 5. Seriously, don't put all your eggs in one basket! 6. Keep your database abroad. 7. Document everything regarding your office setup. 8. Split the risks and assets. 9. You can give youself up voluntarily. Find a large patr…

I think the last one pretty much covers it.

Re: Police conducted search in the Nginx office due to a copyright claim

#184
post #115

Oh my, I still see people in the comments who naively think this is a copyright issue. Seriously? 15 years after the alleged event? With physical violence against software developers? It's only one among thousands of cases when putinists rob successful companies. The world must put more pressure on putinism, because eventually all the stolen resources turn into imprisonments of people in the country and deaths of peo…

But this is absolutely a copyright issue! If a company has copyright on something I use, I need a license from them. Now we don't know what Russian courts will decide here, and we also don't know whether courts in other countries would respect that. What could happen as a worst case "robbery" scenario is that the developer is forced to agree they never had copyright! So whether or not the claim was unjustified, it mi…

Former CEO of Rambler at the time already said that the company had no claim on this and that they had an agreement about this exact issue back when Sysoev was hired. It can't be more clear than this.

Re: Police conducted search in the Nginx office due to a copyright claim

#185

Best practices for side projects (US): - Never give work full rights to everything you make on your own time. - Never use company hardware, software, time or offices to develop a side project you might want to monetize commercially later. - Charge work a "1 node license fee" of $1 with an invoice and a standard commercial software EULA if you intend to try your creation at work. Also specify that it includes maintena…

Sorry "Never give work full rights to everything you make on your own time." is not going to work there is to much precedent in US employment law.

Re: Police conducted search in the Nginx office due to a copyright claim

#186

Earlier quoted context omitted.

If you can't walk away from an interrogation, you've been detained.

Maximum continuous time for an interrogation in Russia - 4 hours, after which there should be a pause of at least an hour. Maximum total time is 8 hours within a single day. Maximum time for a detention is 48 hours until the court's decision. The difference is how much time one would have to actively prepare his defence themselves, not via advocates.

It works like this: you detain a person for 48 hours, then release him and when he is at the exit, detain him once more. Repeat as needed. Probably you would need to find another formal reason for a detainment (I'm not sure though), but seems it is not very difficult. They did something like just this summer, when protests was going against infringements with voting.

Re: Police conducted search in the Nginx office due to a copyright claim

#187
post #5
post #2

Igor Sysoev developed Nginx while working in Rambler (a Russian search engine) back in 2002-2004. Now, 15 years later, Rambler filed a copyright claim against Nginx and Igor, and demands (allegedly) 51M RUB from them.

To save anyone else having to look it up. 51M RUB is currently around US $810k.

In Dr. Evil's voice: "One Million Dollars!"

Re: Police conducted search in the Nginx office due to a copyright claim

#188
post #81

Earlier quoted context omitted.

> I think you will run into conflict of interest issues with having your employer pay you to use your product. It might fly at some places, but I would be hesitant of running afoul of all manner of issues if there could be a perception that you are leveraging your employment position to profit your own company. I think when it's literally "pay me one dollar for a company-wide license, so there's mutual consideration…

It's not about amounts, it's about perception and policies. The idea of selling a product even remotely related to my job description to my current employer just sounds like a whole bag of nasty waiting to drop. What happens when you leave the company and try to increase the price to make a business out of it? Did you create a situation through the course of your employment such that the company you left is now depen…

> It's not about amounts, it's about perception and policies. The idea of selling a product even remotely related to my job description to my current employer just sounds like a whole bag of nasty waiting to drop.

The discussion here relates to open source stuff. You give your company a bypass to the license agreement (attribution requirements, etc) in exchange for $1. That's a small business benefit, and in turn you create a clear papertrail of ownership with consideration. Yes, everyone would do this eyes wide open.

You can set the terms however fits the requirements of all involved. If you leave, they are an open source user like any other. Maybe they are allowed to redistribute without attribution, etc, indefinitely. Maybe it includes giving you the right to say that is using the package.

You do this when your employer already knows you tinker on open source, and a project is getting serious enough that it deserves to have its IP rights explicitly protected.

> Will they use their vastly larger capital to sue you for it, if indeed it is critical to them, arguing that if you felt it was useful enough to the company to sell it to them then it was part of your job responsibilities to work on it (excepting the case where you did the project prior to starting work at the company). Will you somehow be able to prove that it was done outside of work hours and relied in no way on your confidential knowledge of what the company does?

That's the whole point here-- you demonstrate that the company considered it yours at that point in time, and entered into a license agreement for it.

I have been on both sides of deals like this. Not all employers will do it, but it is a not-unreasonable way to protect everyone's interests and record what the parties considered the ownership to be at the time of employment. I've also sold company-owned code to an employee for $1 and an indefinite license because we didn't want to maintain it anymore.

Re: Police conducted search in the Nginx office due to a copyright claim

#189
Having read Red Notice, I strongly suspect the plot is much thicker than a simple copyright violation. The fact that NGINX now runs the majority of web traffic would be a clear signal to the Russian oligarchs that this NGINX is a valuable commodity to control and Sysoev needs to be moved aside. I'm guessing they don't have a deep understanding of BSD licensing terms, but they understand the value of controlling the contributors, and the log files.

Re: Police conducted search in the Nginx office due to a copyright claim

#190

Earlier quoted context omitted.

The commentary[0] of Igor Ashmanov, who was CEO of Rambler when they hired Sysoev, on the document in tweet: Sysoev was developing in his work time, in the office, with company's equipment. (quote from the order: edit) 1. Bullshit. There isn't anything on that in our laws. You have to very accurately prove that there was an assignment on that. "In his work time" or "with company's equipment" - doesn't work. Everythin…

Not sure I would buy that system administrator's don't write code and writing a webserver which is closely related to a sysads job.

Ironic thing here is that it probably doesn't matter because Russian law regarding copyright assignment is very different and much more employee-friendly than the US law. It will be interesting to see how the case develops but my understanding is that unless there was a very specific and documented work assignment from his boss to write nginx code, the copyright still belongs to Igor even if it was developed on the company equipment and on company time.
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