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From Dirk-Willem van Gulik <di...@webweaving.org>
Subject Re: Request for Comment : Harmony Contribution Policy
Date Mon, 01 Aug 2005 12:21:36 GMT


On Mon, 1 Aug 2005, robert burrell donkin wrote:

> of trade secrets and strictly limits the rights of employers to
> material created by an employee in their own time using their
> materials.

On paper - yes - but national law and case-law shows that as soon as that
material is even remotely in the same line of work as gainfully employed
to do; cases err. towards the employer.

> time. any agreements related to employment will be interpreted under
> employment law rather than contract law (which are quite different) so

Agreed.

> even a signed CCLA may offer little help to the ASF in the event of a
                ^
> dispute. so, may need an additional clause with different wording for
> those in similar jurisdictions.

This I do not see - a CLA yes (esp. if the employer was not informed about
it - which in most EU countries an employee effectively has to do). But a
CCLA from the employer ? Because then the dispute is between the ASF and
the Employer about the agreement set out in the CCLA.

Dw

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