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Re: reinvent (for GPL) code u wrote for employer who owns it?


From: Rjack
Subject: Re: reinvent (for GPL) code u wrote for employer who owns it?
Date: Tue, 24 Mar 2009 06:15:58 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Barry Margolin wrote:
In article <address@hidden>,
 address@hidden (Name withheld by request) wrote:

How might one ethically/legally re-write a suite of scripts one wrote
for a former employer, so that the new code may be shared under GPL?

IANAL, but I think this is likely to be difficult. You have to ensure that your new code looks nothing like the old code.

The GPL is irrelevant to this question, it's the same problem no matter how you plan on licensing the new code, unless your old employer gives you permission. Otherwise, there's likely to be a presumption that you copied some of your previous code, which you don't have rights to (the copyright belongs to the ex-employer).


The best guide would be to study the principles underlying the abstraction-filtration-comparison test used by the courts to
answer infringement questions.

http://digital-law-online.info/lpdi1.0/treatise22.html


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