this post was submitted on 16 Nov 2023
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Programming

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I wrote a program for my boss. How legal is to to write the program again and make it FOSS? (lemm.ee)
submitted 1 year ago by DroneRights@lemm.ee to c/programming@programming.dev
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I told my boss I had an idea for a program that could improve efficiency across much of the business, and he let me build it on company time. In the long term, he wanted to be able to sell it to other companies. However, the program never got implemented due to personnel mismanagement, and I'd rather be able to post it on my github under a free licence so I can use it as a resume item, and at least someone would have the chance to actually use it. It's all still in my head, and I could write it again if I wanted. If I do, is it illegal to publish it? What if I write it in a different language? Do I need to change the variable names? I did plenty of research and planning on company time to build it, and it's not like I can research it again, it's all still in my head.

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[–] lemmyvore@feddit.nl 2 points 1 year ago (1 children)

If you rewrite it in a clean-room approach and another language it will most likely not be in breach of copyright.

But there are many other aspects where you may be at fault: breaking confidentiality, using trade secrets, non-disclosure, non-compete etc.

My advice would be to have an honest discussion with the company owner and ask for the permission to open the code under a permissive license. Be prepared to explain what the advantages would be for the company, beyond "the code is just sitting there". Be prepared to drop it if they say no.

If you go ahead it is quite possible you will be sued. Make sure you're willing to risk it and spend time and money defending your project.

[–] alonely0@programming.dev 5 points 1 year ago* (last edited 1 year ago) (1 children)

--Not legal advice-- Except they can't do clean-room development because copyright is viral. If they had access to the copyrighted source, any code they write on the matter, if it coincides with the copyrighted one to some extent, can be pursued for copyright claims (IBM v. Microsoft). For example, when there's a leak of Windows source, ReactOS devs get super scared, because it really puts them on the line. Another example is Nouveau, which can't accept anyone who has worked at NVIDIA. That being said, the company was not intending to do anything with it, so they can't claim damages; ergo, OP is completely safe.