Date: Fri, 11 Feb 2005 15:42:57 -0700 From: Chad Leigh -- Shire.Net LLC <chad@shire.net> To: freebsd-questions@freebsd.org Subject: Re: Please don't change Beastie to another crap logo such as NetBSD!!! Message-ID: <46AF39DC-7C7E-11D9-B134-000D933E3CEC@shire.net> In-Reply-To: <1165530279.20050211234028@wanadoo.fr> References: <p06200708be315f521112@[128.113.24.47]> <LOBBIFDAGNMAMLGJJCKNCEFLFAAA.tedm@toybox.placo.com> <649200329.20050211081852@wanadoo.fr> <621dabed4fc2996ae4cb3a2929d6842c@chrononomicon.com> <D73008E2-7C71-11D9-B134-000D933E3CEC@shire.net> <420D24EE.40606@tvog.net> <566767782.20050211231303@wanadoo.fr> <7E82FCE7-7C7B-11D9-B134-000D933E3CEC@shire.net> <1165530279.20050211234028@wanadoo.fr>
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On Feb 11, 2005, at 3:40 PM, Anthony Atkielski wrote: > Chad Leigh -- Shire.Net LLC writes: > >> Their employers are paying them TO WORK on FreeBSD. They are not=20 >> taking >> their code that they write for their employers and also sticking it = in >> FreeBSD. Big difference. > > Not if their work consists of writing code. In that case, the=20 > copyright > in the code belongs to their employer (in the U.S., and in a number of > other countries with similar provisions). Yes there is a difference. If the employer assigns it to the FreeBSD=20 project. That is what we are talking about. > > Under 17 USC 101: > > "A 'work made for hire' is=97 > > (1) a work prepared by an employee within the scope of his or her > employment; or > > (2) a work specially ordered or commissioned for use as a > contribution to a collective work, as a part of a motion picture or > other audiovisual work, as a translation, as a supplementary work, as = a > compilation, as an instructional text, as a test, as answer material=20= > for > a test, or as an atlas, if the parties expressly agree in a written > instrument signed by them that the work shall be considered a work = made > for hire. [...]" > > Note that a "collective work" is generally a book or a movie, not a > computer operating system: > > "A 'collective work' is a work, such as a periodical issue, anthology, > or encyclopedia, in which a number of contributions, constituting > separate and independent works in themselves, are assembled into a > collective whole." > > "Computer program" is separately defined, which means that it is not a > collective work. > >> In the first case, they are allowing it to happen and assign >> the copyrights as necessary. > > Do they do this in writing before the code becomes a part of the > project? Do they have a written agreement with their employees that > explicitly waives their work-for-hire interest in the copyright? > I don't know. Go ask them. Look in the codebase yourself, or pay=20 someone to do so. Chad > _______________________________________________ > freebsd-questions@freebsd.org mailing list > http://lists.freebsd.org/mailman/listinfo/freebsd-questions > To unsubscribe, send any mail to=20 > "freebsd-questions-unsubscribe@freebsd.org"
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