Releasing GPL Code while working for a company

Question

I am currently working on a project that I want to release under the GPL license. The project I'm working on is a backup solution and the company I work for does IT support so you can see where a backup solution they own could be very handy.

They are interested in seeing a demo once it's ready so they have interest in the project.

So far I am only working on it in my spare time at home and I haven't push a single character at work because I am worried that once it's workable they will push me into releasing it under a proprietary license and maybe, even worse, strip me of the rights.

Does anyone have any advice on what actions I should take to make sure that my project stays under the GPL license?

Answer 1

1. Check your employment contract
2. Find a real lawyer. Asking people on the internet for legal advice makes about as much sense as asking people in the deli for medical advice.
3. Whatever you decide to do, be honest with everybody. This isn't legal advice per se, just practical. Lying & sneaking around never solves a problem, but it can often make it worse.

Answer 2

In some company contracts, even the inventions you make at home belong to your company, and as such, you have no control over the licensing. Publishing the source code in this case (under GPL or not) would be a violation of your terms of employment.

Be careful where you tread and ensure you have fully read your employment contract before publishing the source code.

Answer 3

Check your employment contract. Quickly. What it says controls what you can do to a large extent. If it is quiet on the subject of computer programs done outside work, you can go ahead. If not, you need to negotiate. And bear in mind, the more related it is to your company's products or the work you do at the company, the more likely they are to be difficult about you letting it out.

Even though a project has been released GPL, if you don't have the authority to grant the GPL rights, your life can become difficult. (That's a polite understatement.)

Answer 4

First thing I would do is check your employment contract. You may not have touched the project from work--which was a good move by the way--but many employment contracts border on the draconian and they may own the rights to what you do in your free time, particularly in this case where what you're doing has commonality with your employment.

Potentially they may even argue that the backup solution is directly or indirectly a product of what you do for them so they have a claim to the rights (or a portion thereof).

What rights they do have and whether any employment contract terms are enforceable (lots of contracts get pushed on employees that are basically unenforceable) is something you need to speak to a lawyer about.

If you don't want to take it that far get them to stipulate in written form (an email will suffice) that this was done in your own time, not as a product of your employment and that your demonstration is just that. Any discussion about use of the product and licensing is deferred but you reserve the right to grant a license or not. You might not get all that but get as much of it as possible before the demonstration. If there is someone sympathetic in management you can speak to just say that you haven't touched this from work and you're just worried about maintaining control over your free time project.