Message-ID: <170EBA504C3AD511A3FE00508BB89A920234CD68@exnanycmbx4.ipc.com>
From: "Downing, Thomas" <Thomas.Downing@ipc.com>
To: "'Anuradha Ratnaweera'" <anuradha@ratnaweera.net>,
       Bas Mevissen <ml@basmevissen.nl>
Cc: LKML <linux-kernel@vger.kernel.org>
Subject: RE: Contributing to the kernel while being employed
Date: Wed, 30 Jul 2003 11:05:55 -0400
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> -----Original Message-----
> From: Anuradha Ratnaweera [mailto:anuradha@ratnaweera.net]
> Sent: Wednesday, July 30, 2003 10:50 AM
> 
> On Wed, 2003-07-30 at 20:38, Bas Mevissen wrote:
> > Anuradha Ratnaweera wrote:
> > > Before working for a commercial organization, one usually 
> has to sign
> > a
> > > contract which makes all the work done during the period 
> of employment
> > > (including innovations, "hobby" coding done during "after hours")
> > > copyrighted by the employer.  This introduces various 
> problems when
> > one
> > > wishes to do open source development, especially as a hobby.
> > > 
> > 
> > Isn't this whole "problem" solved if you do your hobbies in 
> your own 
> > free time? Of course, then you should also NOT use any IP from your 
> > employer then.
> 
> Not always.  Some contracts talk about "employement", while 
> others (most
> are of this catagory) are about the "employement period".  The latter
> _does_ include all 24 hours of the day (I have checked it with some
> legal folks.)
> 
> 	Anuradha

[IANAL] Did you ask about enforceability of such provisions?  At a former
job, (in CT, USA) we were faced with such a contract.  Some of us just
refused to sign.  Others sought legal opinion.  The common opinion was
that such "24 hour" provisions are largely unenforceable in our local
jurisdiction, baring other complicating factors, such as doing work that
might be viewed as either competitive or infringing on the work you do
for your employer. Or of course, using resources owned or paid for by
your employer.

Again, consult a lawyer first, if you are worried about risk!
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