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Date:      Fri, 11 Feb 2005 23:40:28 +0100
From:      Anthony Atkielski <atkielski.anthony@wanadoo.fr>
To:        freebsd-questions@freebsd.org
Subject:   Re: Please don't change Beastie to another crap logo such as NetBSD!!!
Message-ID:  <1165530279.20050211234028@wanadoo.fr>
In-Reply-To: <7E82FCE7-7C7B-11D9-B134-000D933E3CEC@shire.net>
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>

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Chad Leigh -- Shire.Net LLC writes:

> Their employers are paying them TO WORK on FreeBSD. They are not 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 copyright
in the code belongs to their employer (in the U.S., and in a number of
other countries with similar provisions).

Under 17 USC 101:

"A 'work made for hire' is—

  (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 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?

-- 
Anthony




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