It is not about the code line by line, but the functionality that OP created for their employer. And yes it is not clear-cut in the sense that in Oracle vs. Google it was AFAIK decided that the idea of the toString Method does not fall under copyright. However, a software that fills a specific need for a company and is then re-implemented/released by an employee? You can bet your ass you are in for at least a lengthy battle in court.
Comment on I wrote a program for my boss. How legal is to to write the program again and make it FOSS?
Bipta@kbin.social 11 months agoYou're sort of missing the point. Two programming implementations are never the same if you rewrite them from scratch for anything but the most trivial program. It wouldn't be a copy of the original and it would have a unique, if similar, implementation. It's not as clear cut as you suggest (at least not for the reasons you suggest, but IANAL.)
scorpionix@feddit.de 11 months ago
DudeDudenson@lemmings.world 11 months ago
Yeah being right doesn’t protect you from a company firing your ass and suing you
boblin@infosec.pub 11 months ago
Legally it is quite clear. Taking a description of a closed source program and writing a new one is ok in most cases (unless that description is API docs - see Cisco vs Arista). Taking a look at closed source software and then implementing your own version is poison as far as OSS goes. OP implemented the first version, so that’s already a problem. They may get away is they describe what the program does to someone else and let them implement it, but OP would not be able to touch the source code
MagicShel@programming.dev 11 months ago
I agree. Particularly because it’s less about the truth and more about what can be proven in court. But even more, they don’t want to pay a lawyer a bunch of money to defend this even if you could prove it beyond a shadow of a doubt. You can tell by the way they didn’t want to pay a lawyer to answer this question.