[Mimedefang] Off Topic

[David F. Skoll]

On Fri, 23 Jan 2004, Benjamin Schmaus wrote:

> I wrote a web based front end to MIMEDefang and
> Spamassassin. I did most of the core development in
> my spare time after work. The remainder of my time
> was spent implementing it at a service for the company
> I worked for. Now I have left the company and they
> say they own the rights to that code.

Check your employement agreement.  Your employer could be right, or
could be wrong.  But you need to look over the agreement, and more
importantly, get a lawyer to look over the agreement.

> Doesn't the GPL from MIMEDefang and Spamassassin apply
> to the code I created, thus it would also be open
> source?  Or does my employer own the code?

Even if the code is GPL'd, the GPL specifically allows you to keep a
derived work private.  As long as you don't distribute the work, you
don't have to distribute the source code.  So theoretically, your
employer could claim that even if the code is GPL'd, they still own
your part, and are refusing to release it to anyone.  Of course,
if the employer ever released it to *anyone*, they'd have to release
the source too, and that third party would be free to distribute it
widely.

> If they do own the code, how can I rework the concept
> so I can release a new version of the code as open
> source?

Talk to a lawyer.  It might be very difficult to do it in a clean way.  I
also wouldn't be that happy seeing a free competitor to CanIt. :-)

Is mail filtering or e-mail delivery part of your former employer's
core business?  If so, you're probably out of luck.  If not, you might
be able to convince the legal establishment that you own the code.

A note to others out there:  If you plan on doing a software project on
your own, get your employer to agree, in writing, that you own the
rights to it _before_ you start on it!

Regards,

David.