[Ilugc] Employee Agreement of a FOSS company

Kenneth Gonsalves lawgon at thenilgiris.com
Thu Dec 4 10:56:10 IST 2008

On Wednesday 03 Dec 2008 5:54:02 pm Rahul Sundaram wrote:
> > can you confirm that all code produced by Red Hat is opensourced? If so,
> > obviously neither the programmer or the company directly gets money out
> > of it.
> Let's assume that is true but it still disproves the notion that pure
> open source entities are not sustainable. That was shattered by Cygnus
> back in 1989.
> http://www.toad.com/gnu/cygnus/index.html

good read - note I am *not* indulging in Red Hat bashing which is the 
favourite occupation a certain type of person. I am wondering about things 
like code that is used in-house - does it get open sourced automatically - if 
not, what is the implication wrt being a FOSS company? 

My personal business model for whatever business I do is to only accept jobs 
from customers who agree to open source the code. (of course, the agreement 
includes a clause that such part of the code that exposes their business 
secrets will be excluded from open sourcing and also the product open sourced 
will be a generalised version of what they are using). In such circumstances 
it is irrelevant to my employees/consultants as to who gets rights in the 
code. Normally, since the customer has paid for it, the copyright would be 
his - but since most of the code is anyway copy pasted from other FOSS code, 
there is very little share of the copyright for the customer. This works fine 
with the BSD license - I don't even want to think of the implications if the 
GPL is used.


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