On 26/04/2010 04:32, Richard Kenner wrote:
>> I think it is possible that some of the people who have (or have had)
>> trouble with the process with their employers, would find it easier if they
>> realised that the assignment was something they can do without anyone's
>> permission regardless of the terms of their employment, and subsequently
>> present as a fait accompli, and that at that point it then actually
>> facilitates getting the disclaimer from the employer, which is the only part
>> they have to be involved in.
>
> This is only the case for people who are not working on GCC as part of
> their jobs. For those who ARE, a disclaimer would be inappropriate: the
> appropriate thing is an assignment from the company to the FSF.
I don't quite see that. If the company disclaims ownership of the stuff
that you create working on GCC as part of your job, well, they've disclaimed
ownership of it, regardless of the fact that you created it while working on
GCC as part of your job, no? Berne convention and all that, it is you who
created the creative work, the copyright is yours *unless and until* you have
assigned it to someone, and usually that someone is your employer because the
assignment is part of your contract of employment. In that circumstance, a
disclaimer from the employer is equivalent to a semi-waiver of that part of
your contract of employment for that part of your work that they agree to
disclaim; but equally, it is possible to conceive being offered a contract of
employment that did *not* require you to assign any copyright to your employer
in some or all of the software you write while employed by them - unlikely, as
ownership of IP is one of the benefits to the employer that they get in
exchange for the money they pay you to work, but certainly not impossible or a
legal nonsense as far as I can see.
cheers,
DaveK
