Is this my intellectual property legally?
So I modified a version of OS Ticket, a PHP based ticketing system, for my company. Previously, our company used Quickbooks Online and used the 'estimate' feature as their inventory of systems. THis was horrible so on my own time at home, I slowly modified and made a new ticketing system. I started using it for myself to manage repairs better and it worked great. The manager caught notice of the system and suggested we used it to replace the current system. At the time, I programmed EVERYTHING at home in my spare time. I was not given any company time to work on this. I was an hourly employee what the system got implemented. Three months later I was promoted to a salary position(basically made me the 'Network Admin + Lead Tech'). They would give me input on problems here and there and I would write fixes for them. I did this a few times for them. Fast forward another 6 months, and I am ready to leave this company. The system I made is our primary and only system in place now and I believe it is my property. I realize the database information belongs to them and that is not what I want. I want to just prevent them from further use once I do leave. Any input would be appreciated.
5 comments
> Is this my intellectual property legally?
It's a gray area, but because the inspiration and much preliminary information came from your employment, it's one that favors your employer and all the other programmers who contributed to OSTicket under the GPL licensing rules.
If I were you, I would simply ask your employer if he minds that you release it under the GPL, under your own name. And why do I suggest GPL? Because OS Ticket is open-source and GPL (Version 2), and anything you derive from it must therefore also be open-source and GPL.
> I believe it is my property ...
Yes, and the property of everyone who ever wrote a line of code for OSTicket, all of whom deserve recognition and acknowledgment.
> I want to just prevent them from further use once I do leave.
What? OSTicket is open-source, which means your contributions are also open-source, which means you cannot prevent others from using your contributed code in any way they please.
Welcome to the world of open source, where people try to cooperate with each other.
It's a gray area, but because the inspiration and much preliminary information came from your employment, it's one that favors your employer and all the other programmers who contributed to OSTicket under the GPL licensing rules.
If I were you, I would simply ask your employer if he minds that you release it under the GPL, under your own name. And why do I suggest GPL? Because OS Ticket is open-source and GPL (Version 2), and anything you derive from it must therefore also be open-source and GPL.
> I believe it is my property ...
Yes, and the property of everyone who ever wrote a line of code for OSTicket, all of whom deserve recognition and acknowledgment.
> I want to just prevent them from further use once I do leave.
What? OSTicket is open-source, which means your contributions are also open-source, which means you cannot prevent others from using your contributed code in any way they please.
Welcome to the world of open source, where people try to cooperate with each other.
> OSTicket is open-source, which means your contributions are also open-source, which means you cannot prevent others from using your contributed code in any way they please.
To be fair, this really only applies to GPL licensed stuff and similar licenses. For example, if it's MIT licensed, I don't have to release any derivative works.
To be fair, this really only applies to GPL licensed stuff and similar licenses. For example, if it's MIT licensed, I don't have to release any derivative works.
> To be fair, this really only applies to GPL licensed stuff and similar licenses.
I think I made my use of the term "open source" clear in the context of the original, i.e. to refer to GPL.
I think I made my use of the term "open source" clear in the context of the original, i.e. to refer to GPL.
i'm still very new to all the 'rules' so im trying to learn as much as i can. also, it's a pleasure to have you comment sir.
IANAL, but I think it's quite clear that this is the company's property.
You make a big thing that it was not done on company time, but that isn't really important. It was related to your work, and you used your experience from work to do it. You've also been using it at work - that implies that it was done for work. And then work asked you to make changes, which you did presumably without complaining. You've done everything to set up the image that it's the company's property.
Also, what does your contract say?
I think this is a pretty clear-cut case - sorry.
You make a big thing that it was not done on company time, but that isn't really important. It was related to your work, and you used your experience from work to do it. You've also been using it at work - that implies that it was done for work. And then work asked you to make changes, which you did presumably without complaining. You've done everything to set up the image that it's the company's property.
Also, what does your contract say?
I think this is a pretty clear-cut case - sorry.
Well we have no contract about anything what so ever. My salary position or the PHP program. I modified the opensource PHP application for a tool for ME to use. Here's my non-tech real world example.
Sam sorts papers for a company. There ask him to sort them alphabetically. He is only given a flat table to work with. He decides to build a filing rack as it would be a lot more efficient and allow him to get's things done quicker. The other people in the office see this device and would like to use it as it seems to work way better as well.
Now given Sam leaves the company, that filing rack he built is his. He used no funding from the company to make it. They did not ask him to build it. If they want one like it, they need to build one them selves or purchase it from Sam.
This is my interpretation.
Sam sorts papers for a company. There ask him to sort them alphabetically. He is only given a flat table to work with. He decides to build a filing rack as it would be a lot more efficient and allow him to get's things done quicker. The other people in the office see this device and would like to use it as it seems to work way better as well.
Now given Sam leaves the company, that filing rack he built is his. He used no funding from the company to make it. They did not ask him to build it. If they want one like it, they need to build one them selves or purchase it from Sam.
This is my interpretation.
> Well we have no contract about anything what so ever.
Actually, with respect to OSTicket, you do. OSTicket is licensed under the GPL, which means that anything you write based on it is also GPL-licensed. Which means you cannot publish or offer it without also releasing your own source for anyone else to use or modify.
In GPL open source, everyone needs to acknowledge everyone else's copyrights, but no one is prevented from using the code in any way they please -- as long as they release their own source code.
> If they want one like it, they need to build one them selves or purchase it from Sam.
Before you get into trouble, you need to learn the rules of open-source.
Actually, with respect to OSTicket, you do. OSTicket is licensed under the GPL, which means that anything you write based on it is also GPL-licensed. Which means you cannot publish or offer it without also releasing your own source for anyone else to use or modify.
In GPL open source, everyone needs to acknowledge everyone else's copyrights, but no one is prevented from using the code in any way they please -- as long as they release their own source code.
> If they want one like it, they need to build one them selves or purchase it from Sam.
Before you get into trouble, you need to learn the rules of open-source.
I'm sorry mate but that simply isn't how this works.
If you come up with an idea while working for a company, and apply it at that company, then the company owns the idea. That's always the way it's been, and I think it's quite natural.
If you come up with an idea while working for a company, and apply it at that company, then the company owns the idea. That's always the way it's been, and I think it's quite natural.
Okay this is giving me more info. I am all for opensource and sharing code so I have no problem with that.
Me not wanting them to use it is because I have poured hours at night working on this and received no recognition what so ever. No offer of a bonus for something that has saved hours weekly. No simple "thanks". I get taken advantage of too often by employers.
I suppose i'm SOL in making this happen but does mean I can freely use it my self and build on it further.
Where\How do I release my source code at?
Me not wanting them to use it is because I have poured hours at night working on this and received no recognition what so ever. No offer of a bonus for something that has saved hours weekly. No simple "thanks". I get taken advantage of too often by employers.
I suppose i'm SOL in making this happen but does mean I can freely use it my self and build on it further.
Where\How do I release my source code at?
Another Question: Since I am the primary and only author, I can freely remove and modify the current source to what I like. Meaning, removing a field or adding a new field without the consent of anyone? I know this question seems silly but It would help me fully understand.