NYCPHP Meetup

[Kristina D. H. Anderson]

Hi Allen,

In my view there is a difference between code that contains specific 
proprietary information or trade secrets of your client (very rare) and 
code that is reusable, modular and somewhat generic in nature (99% of 
code) and is akin to a programmer's "Toolkit" and isn't property of 
anyone but the person who uses the tools.

I think that in most cases if clients have specific concerns with 
confidentiality and code reuse, they will bring them up during 
negotiations.  Otherwise, you should yourself be cognizant of (and 
discuss with your attorney) what is considered proprietary information 
in each context, if you have concerns.  But most of your code will be 
considered "tools of the trade" and is fully reusable by you as such, 
in accordance with the GPL, at least according to my best understanding.

Otherwise any restrictions on code reuse and publication aren't 
reasonable or enforceable on the part of the client...because good code 
gets reused, that's how things are done, and you should have the right 
to reuse your code unless it violates specific trade secrets...at least 
that's my viewpoint.   I'd love to hear any specific legal advice on 
this topic.

Kristina

> Hi All,
> 
> I'm looking for ideas on putting an "open source clause" into my 
> development contracts.  (Sure I'll talk it out with my attorney, but 
I 
> want to come to him with something better than "please think about 
this 
> and bill me for your ruminations.")
> 
> All I want (ha!) is to get paid for my labor /and/ to have the option 
of 
> then releasing that work under an Open Source license.  Sure, it's 
not 
> appropriate for many clients, but I think many of my existing clients 
> wouldn't care.
> 
> My main concern here is based on the notion that my typical 
development 
> work is "work for hire" and thus IP developed in the course of that 
work 
> belongs to the client, not to me.
> 
> Anyway, I'm not fishing for a debate about licensing terms or 
contract 
> law.  I'm just wondering if anyone here does or has done jobs like 
this, 
> and how you a) explain it to your clients verbally, and b) phrase it 
> contractually. 
> 
> Anybody?
> 
> - A.
> 
> -- 
> Allen Shaw
> TwoMiceAndAStrawberry.com
> 
> "Data Management, Web Applications, and the Meaning of Life"
> 
> 
> 
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