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I wrote a program for my boss. How legal is to to write the program again and make it FOSS? (lemm.ee)

submitted 1 year ago by DroneRights@lemm.ee to c/programming@programming.dev

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I told my boss I had an idea for a program that could improve efficiency across much of the business, and he let me build it on company time. In the long term, he wanted to be able to sell it to other companies. However, the program never got implemented due to personnel mismanagement, and I'd rather be able to post it on my github under a free licence so I can use it as a resume item, and at least someone would have the chance to actually use it. It's all still in my head, and I could write it again if I wanted. If I do, is it illegal to publish it? What if I write it in a different language? Do I need to change the variable names? I did plenty of research and planning on company time to build it, and it's not like I can research it again, it's all still in my head.

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[–] hascat@programming.dev 21 points 1 year ago* (last edited 1 year ago) (2 children)

Check your employment contract. If that includes an NDA or a confidentiality agreement, the company may own your design as well as any code produced. Writing the program from scratch a second time may still end up being company property.

Given that they didn't put your program into production, it's unlikely they would pursue you legally for releasing a new version on your own.

[–] thisisnotgoingwell@programming.dev 3 points 1 year ago (2 children)

IANAL but i'm pretty sure that even without an NDA anything you develop on the job is considered IP of the company. However, as long as it's not a blatant copy paste(a rewrite), it's hard to legally enforce that because they have to prove damages. Meaning that if they shelfed the idea/program, even if it's a blatant copy paste they can't do anything.

[–] Hector_McG@programming.dev 2 points 1 year ago

even if it’s a blatant copy paste they can’t do anything.

They can sack you.

[–] Sigmatics@lemmy.ca -1 points 1 year ago

Basically, they won't bother sueing you unless you end up making millions off it

But at that point the program will likely not even be reminiscent of its original form

[–] lemmyingly@lemm.ee 2 points 1 year ago (1 children)

NDAs/confidentiality agreements have to be specified in the employment contract or other signed paperwork?

In the past I've joked with my boss that I'm not obligated by NDAs and can say what I want to others. It was a joke but realistically I don't believe I am because not a word of NDA/confidentiality is in my contract, nor have I signed any other paperwork with it in. But the boss seems to think I am restricted by NDA.

[–] Yawnder@lemmy.zip 6 points 1 year ago

There are NDAs, and privileged information. You might not be under an NDA, but depending on where you live you might have constraints on privileged information.