Re: Contributing to the kernel while being employed

["Martin J. Bligh" <mbligh@aracnet.com>]

Yes, those contracts normally have an exclusion clause for CA, which
has much more sensible laws (in this case ;-))

M.

--henrique2.gobbi@cyclades.com wrote (on Wednesday, July 30, 2003 09:58:02 -0700):

> 
> I don't understand laws.
> What you guys think about this ?
> 
> Labor Code section 2870 of the State of California:
> 
> "Any provision in an employment agreement which provides that an employee 
> shall assign or offer to assign any of his or her rights in an invention 
> to his or her employer shall not apply to an inventory that the employee 
> developed entirely on his or her own time without using the employer's 
> equipment, supplies, facilities, or trade secret information..."
> 
> henrique
> 
> On Wed, 30 Jul 2003, Martin J. Bligh wrote:
> 
>> > What if the employer _is_ interested in contributing to the open source
>> > under company copyright and doesn't mind using company resources, but
>> > the employee prefers to keep copyright to himself.  The only way he can
>> > do it is by using his own resources and time (off hours).  But this is
>> > not possible if there is a contract that coveres the full employment
>> > period, including after hours.
>> 
>> Why do you want the copyright? So you can sue in case of violation?
>> If so, then giving both yourself and your employer copyright might help ...
>> 
>> M.
>> 
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> 
>