open source development story-theme 03

1
Theme 3-You are hired ..coolie!! Open source development-part 1 (Tilly,perl monk) The activity that I was assigned to was an open source development story where a perl programmer has been threatened with lawsuits from his company. The company has claimed ownership on all the GPL’s work he has performed. In this context the story talks about how one can tweak the “work for hire” provision in contracts. The stories narrated after like Paulo Coelho, Indian cricket players talk about copyrights and Intellectual property rights in the sense of whose ownership and to what extent the employer/publisher/ICC can dictate the terms. It mainly focuses on “work for hire” clause where companies claim ownership of all intellectual products of the employees. Also, we can ponder to what length the employees/authors/players are correct on their arguments. Our instructor asked me regarding the viability of compensation method to be used by the employees if the employer is claiming full ownership of whatever the employee has produced till date. That made me realise that this method was too unrealistic and employers would never accede to that. Also in many other professions (like academics) people do over time, but hardly get extra compensation. So what does “overtime” really mean.If asked to narrate the story again I would like to give a better view in terms of employee and employer perspective. The employer should take into account the efforts made by the employee in developing something and should be liberal in its approach towards claiming ownership. Being brutal might spread a bad name. It should try to make proper compensation to the employees through “quantum meruit principle”, if ownership is claimed. The employees should also think if they are using up the resources of the company while developing, and if yes they should think rationally.

Upload: abhijeet-dash

Post on 26-Sep-2015

221 views

Category:

Documents


2 download

DESCRIPTION

story

TRANSCRIPT

Theme 3-You are hired ..coolie!!Open source development-part 1 (Tilly,perl monk)The activity that I was assigned to was an open source development story where a perl programmer has been threatened with lawsuits from his company. The company has claimed ownership on all the GPLs work he has performed. In this context the story talks about how one can tweak the work for hire provision in contracts. The stories narrated after like Paulo Coelho, Indian cricket players talk about copyrights and Intellectual property rights in the sense of whose ownership and to what extent the employer/publisher/ICC can dictate the terms. It mainly focuses on work for hire clause where companies claim ownership of all intellectual products of the employees. Also, we can ponder to what length the employees/authors/players are correct on their arguments. Our instructor asked me regarding the viability of compensation method to be used by the employees if the employer is claiming full ownership of whatever the employee has produced till date. That made me realise that this method was too unrealistic and employers would never accede to that. Also in many other professions (like academics) people do over time, but hardly get extra compensation. So what does overtime really mean.If asked to narrate the story again I would like to give a better view in terms of employee and employer perspective. The employer should take into account the efforts made by the employee in developing something and should be liberal in its approach towards claiming ownership. Being brutal might spread a bad name. It should try to make proper compensation to the employees through quantum meruit principle, if ownership is claimed. The employees should also think if they are using up the resources of the company while developing, and if yes they should think rationally.