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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

#221

Earlier quoted context omitted.

Australian checking in - and I'm not trolling either: I can just as easily read that 10-point list off for Australia.

Which companies were taken over illegally by organized groups in Australia? Because the OP's list was likely referring to a very different reality than what you imagine: https://www.theguardian.com/world/2008/jun/24/russia.interna...

Ermm, you may wanna pay more attention to the companies being granted native-title claims on the mineral-rich chunks of land all over the country ..

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

#222

Earlier quoted context omitted.

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 c…

But its a trade secrets, breach of contract case.

I am surprised Russian law is that pro employee - would wreak havoc for offshoring

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

#223

Earlier quoted context omitted.

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 c…

But its a trade secrets, breach of contract case. I am surprised Russian law is that pro employee - would wreak havoc for offshoring

> I am surprised Russian law is that pro employee - would wreak havoc for offshoring

I think it only seems that way because we're so used to the US model where software you develop in your spare time at home with your own equipment might still be owned by your employer or even a university (even if you're just an undergraduate student already paying many tens of thousands in tuition fees). I read a few IP policies over the years, and, if they are to be believed, apparently, even if you're simply using WiFi to work on your student project in a university building, they may claim to own the whole copyright and patent rights to any resulting work; I don't quite understand how everyone else doesn't find it as demotivating as I do.

If you look at the actual reasons for Rambler not owning nginx — this situation is actually better for offshoring because anything developed for the client per the spec would be owned by the client, yet anything that employees work on in their own time, they could package as their own offering (e.g., separate packages and/or modules) and ramp-up work for more than one client without violating anyone's IP rights.

TBH, I don't actually understand how software craftsmanship consulting is supposed to work in the US. As an IC SWE consultant, I was negotiating a nginx consulting project with one relatively big company, and the sample MSA I got from them basically would have precluded me from ever working on nginx again had I signed it as-is. I think it's really amazing how more folk don't get sued in the US for these sorts of things; I can only imagine that it's merely for lack of trying on part of most of these corporations, not for lack of standing (unless all these terms everyone agrees to are somehow unenforceable in reality).

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

#225

Earlier quoted context omitted.

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 c…

But its a trade secrets, breach of contract case. I am surprised Russian law is that pro employee - would wreak havoc for offshoring

> would wreak havoc for offshoring

Why? I would actually expect offshore development to be the least problematic - typically there is a spec and agreed-upon set of deliverables and the rights to these deliverables are cleanly transferred. It is the common employment situation where your boss tells you your objectives in more or less vague terms which is more muddled.

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

#227

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.

Precedent doesn't come into it (until it does), it's all about what's in your contract.

Work for Red Hat? You own your free software contributions, even those made at work. Work for Google? They own even the small lump of green putty you found in your armpit one midsummer morning.

Many companies will apparently put in grab-all clauses but back down (but Google won't) if you call them on it.

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

#228
post #128

Earlier quoted context omitted.

Well if it becomes toxic waste they could force everybody currently using it into licensing it from them. They could even try and go for damages for previous use.

But my point it that these customers would not be protected by that license, since they'd be using the code of other contributors without license, so they'd still be potentially open for extortion by hundreds other entities (I suppose there were many contributors).

Hmm yes interesting. Thanks for pointing that out!

The other patch authors could retroactively agree with the robber that their derived publications have been without license. Then they too could block usage of Nginx by pledging to go after anybody who gets a license from the robber.

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