Ask HN: Is developing open source and then using it at my job wrong? | Hacker News Reader

Ask HN: Is developing open source and then using it at my job wrong?

2 pointsmilkytron3 comments

I love my job and I work for a great company, but we have some very strict internal development policies, so much so that it makes development quite slow and cumbersome, and sometimes impossible. Many requests have to be approved for very simple tasks that need to get done, and my ability to perform my job is hampered by these policies. I love my job don't get me wrong, but outside of work I have much more freedom and can produce value at a much faster rate. In fact, the approval process for using open source is much faster than building something internally.

My question is: If I were to do open source development outside of my job, would it make sense for me to then use my work for my job? Given that I go through all the proper procedures and channels of course and don't use anything proprietary that could be grounds for a lawsuit.

I have good intentions, I want to do my job as best as possible, but the restrictions inside the company are so strict that I'd be better off creating something outside and then bringing it in. Does this make sense? Could there be legal repercussions?

Yes, you may be contractually forbidden from doing such work.

You need to have a lawyer review the IP assignment clauses in whatever you signed. It may be that there is no such thing as "outside of my job." They may own everything you do regardless of when or how you do it, which means their policies apply for everything, all the time.

Even a reasonable IP assignment, that only assigns ownership to the company of work that is directly related to your responsibilities, might conflict, since you'd be making an open source project to help with your responsibilities.

Talk with a lawyer.

The practice is typically viewed as pernicious behavior in both small and large companies. There are a few 'lifestyle companies' which have an ethos of developing in the the open. If you do not know if you work at one, then you probably don't.

I know it does not seem "fair" that virtually every intellectual product you create is ascribed to your employer; especially since you have probably made a significant effort to make your professional interests align with your personal interests. (This is particularly true at the beginning of your career.)

Different companies draw the line differently. Most seem to be okay with the submission of fixes/patches/features to existing open-source projects. For those not so lucky, you will periodically see substantive "Drive-By-PullRequests" from anonymous committers. Though - for maintenance reasons, those are often rejected.

If I was your boss I would say two things: 1) Here are the reasons we have these protocols in place. 2) Tell me what you want to make and how it will help the company.

Reply on news.ycombinator.com