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From Emmanuel Lécharny <elecha...@gmail.com>
Subject Re: Question related to IP Clearance and software grant
Date Tue, 01 Sep 2015 15:48:22 GMT
Le 01/09/15 16:55, jan i a écrit :
> On 1 September 2015 at 16:44, Emmanuel Lécharny <elecharny@gmail.com> wrote:
>
>> Le 01/09/15 16:36, Bertrand Delacretaz a écrit :
>>> Hi,
>>>
>>> On Tue, Sep 1, 2015 at 4:16 PM, Emmanuel Lécharny <elecharny@gmail.com>
>> wrote:
>>>> ...is a code donation require a software grant signed from the employer
>> of
>>>> the people who wrote the code ? In other words, do we require that the
>>>> employer explicitely allow the employees to work on some code ?...
>>> My understanding is that whoever signs the grant must be authorized to
>>> donate the code, that's it.
>>>
>>> Depending on people's contracts it can be either themselves or their
>>> employer - we cannot judge that from our side.
>>>
>>> I don't think we ever require a cCLA, that's something that's only
>>> relevant between people and their employers.
>> To be clear, in France, when you are an employee, most of the time you
>> *have* to ask an explicit persmission from your employer to work on some
>> other project, even out of your working hours (for the simple reason
>> that if you work out of hours, then you might be totally worn out during
>> your day job, which would be detrimental to the employer). That may have
>> some legal implications : typically, the copyright might be claimed by
>> the employer, as if the code was written during day job, which then may
>> be a legal problem for The ASF and the users...
>>
>> I'm not sure that is a problem for other countries (and FTR, my question
>> was bnot about french employees or a french company)
>>
> Your concern is valid for all countries in EU. except if a country has a
> exception.
>
> the default in the IT industry is that the employer need to allow you to do
> similar work
> off hours, if not granted it is considered a contract breach and in any
> case copyright belong
> to the company.
>
> I had many problems with exact this part in my companies. We ended up by
> writing a generic
> disclaimer to all, that what they did off hours, belonged to them, but the
> company wanted to know
> about it.
>
> Be aware that in many places the binding is upto 6 month after a emloyer
> leaves the company.

Thanks for your input. I'll make it clear to the people who submitted
some code, in order for them to be aware of such legal problem.



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