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software under GPL
Posted by Anonymous . updated on 2/26/2009
we would like to release a software under GPL and our employer is agreed.
Can you help us what kind of contract we have to sign with him to prove his agreement for releasing software under the terms of GPL.
Thanks
Answers (2)
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JimIvey
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Well, you're getting outside IP law and into contract and employer/employee law -- very distant from IP law.
So, this is definitely not legal advice.
At the very least, you can send a written memorandum to your employer summarizing your discussions on the topic (dates and perhaps times) and outlining your understanding of the agreement. That could be documentary evidence of an oral agreement. One could argue that failure to dispute the terms promptly is tacit ratification of the terms you describe. It would be particularly useful if the memo was addressed to someone authorized to act on behalf of your employer (assuming your employer is a corporation).
I guess part of the difficulty I'm having is that I'm not sure exactly what the terms of any written contract would be. A contract (a bilateral one, anyway) is a pairing of mutually binding promises. Your employer would promise ... what? to not fire you for releasing the code? to consent to the release and agree that it does not violate your employment contract?
What would you promise in return? That the software will be released under the GPL (and therefore presumably will not become the property of a competitor). That the software will include a disclaimer as not being associated with (or credit indicating that it is associated with) the employer? That you will take reasonable care to ensure that the software is free from defects to not reflect poorly on the employer?
I don't believe there is a form contract for this, although there may be -- hard for me to say since I don't do much contract work. From what little I know about this, I would suggest doing at least the written memorandum of the oral agreement and perhaps giving some consideration to exactly what terms would be in a contract as in exactly what each side would promise.
Regards.
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Isaac
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I think all you really want is a unilateral statement that releasing the code under the GPL is okay or directing the release of the code under the GPL. I'd recommend that the statement be executed by someone with the authority to bind the company to an agreement. That might not be your direct supervisor.
Your employer would be retaining the copyright, so there is no need for any kind of assignment.
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