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From jan i <j...@apache.org>
Subject Re: Question related to IP Clearance and software grant
Date Tue, 01 Sep 2015 14:55:26 GMT
On 1 September 2015 at 16:44, Emmanuel Lécharny <elecharny@gmail.com> wrote:

> Le 01/09/15 16:36, Bertrand Delacretaz a écrit :
> > Hi,
> >
> > On Tue, Sep 1, 2015 at 4:16 PM, Emmanuel Lécharny <elecharny@gmail.com>
> wrote:
> >> ...is a code donation require a software grant signed from the employer
> of
> >> the people who wrote the code ? In other words, do we require that the
> >> employer explicitely allow the employees to work on some code ?...
> > My understanding is that whoever signs the grant must be authorized to
> > donate the code, that's it.
> >
> > Depending on people's contracts it can be either themselves or their
> > employer - we cannot judge that from our side.
> >
> > I don't think we ever require a cCLA, that's something that's only
> > relevant between people and their employers.
>
> To be clear, in France, when you are an employee, most of the time you
> *have* to ask an explicit persmission from your employer to work on some
> other project, even out of your working hours (for the simple reason
> that if you work out of hours, then you might be totally worn out during
> your day job, which would be detrimental to the employer). That may have
> some legal implications : typically, the copyright might be claimed by
> the employer, as if the code was written during day job, which then may
> be a legal problem for The ASF and the users...
>
> I'm not sure that is a problem for other countries (and FTR, my question
> was bnot about french employees or a french company)
>
Your concern is valid for all countries in EU. except if a country has a
exception.

the default in the IT industry is that the employer need to allow you to do
similar work
off hours, if not granted it is considered a contract breach and in any
case copyright belong
to the company.

I had many problems with exact this part in my companies. We ended up by
writing a generic
disclaimer to all, that what they did off hours, belonged to them, but the
company wanted to know
about it.

Be aware that in many places the binding is upto 6 month after a emloyer
leaves the company.

Rgds
jan i.

>
> thougts ?
>
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