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298

answers:

4

I'm currently taking a class, and I'd like to release the software I've developed for it under the GPL. It's nothing special (in my opinion), but someone might find some use for it. I was wondering if I'm somehow restricted because I did it as a class assignment? Also, to what extent would the restrictions apply. Am I not allowed to talk about it, and just not release the source?

+1  A: 

I'm pretty sure that your Univesity has rights over your assignments, they certainly do for disseratations for Masters and Phd level students. However, unless they're particularly narrow in their thinking, I'm sure they'd agree for the code to be put into the public domain. The key to this is asking the right person in the right way, what's in it for them? If you can sell the idea that they will get good free publicity from it - ie you mention them in good terms then they'll probably go for it.

Going in belligerent - it's my software I can do what I want, I could always re-develop it and then you'll see no benefit etc etc Although correct is not the first thing to say.

MrTelly
+2  A: 

You own a thesis according to an article you can find here.

A thesis is a written literary work by a person, or if it’s a group or team thesis, by several people. As a literary work, a thesis falls under original works protected by the copyright provisions of R.A 8293, known as the Intellectual Property Code. Under the Code, the author of a literary work owns the copyright. For a thesis, the author would be the student or students who wrote it.

As for homework assignments I would imagine that if its an original project you came up with it would fall nearly under identical statutes. If you were performing a given set of assignments it would not be considered an original work. Talk to an attorney if you feel strongly enough to pursue your ownership rights. The law in this case, as it often does, depends on the circumstances and the facts. The ability to prove originality would likely be a factor. If there is contention on the issue do not indicate that you are pursuing the matter until you have good legal advice.

ojblass
A: 

If you produce the work using university resources, they have legitimate right to your work. This means if you consult a professor, use the computers and/or the licensed software on them, they can come after your work. If you're doing something for a class, using the campus technology, but then you go off and improve upon and want to sell it, they still have the right to your work.

So just stay away from the university when you're working on hobby projects. Don't try to consult anyone that can hold word against you, etc.

I've ran into this problem before and a buddy of mine had to even fight the university to get full entitlement.

The true point of all of this is... If your product makes any money, you can bet they'll come for it. If it doesn't, it's not worth their time.

David McGraw
+2  A: 

If you are at all concerned about this, the best advice is always to consult a lawyer -- one versed in the law in your region. Assuming your college has a law department, you may even be able to get free access to a lawyer (or lawyers in training) to inquire about this.

Good luck.

Eddie
+1 for being the only one to give this guy good advice for a legal problem/question -- talk to a lawyer. +0 for all the IANAL's giving legal advice.
kenj0418