Best practices for employers, employees and open source projects to coexist without legal conflicts.

Speakers: Paula Holm Jensen, Marc Alifanz

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Website to search facebook updates mentioned in presentation: http://youropenbook.org/

Paula Holm Jensen (paula@holmjensenlaw.com) Mark Alifanz (mealifanz@stoel.com)

Default (employee): company owns copyright.

Typically, company won't own if done on your own time, no company resources used, and does not relate to business of the company. (General consensus that follows WA/CA law.)

Employees:

* read carefully how strict the clauses or policies are

* Ask for exclusions to company ownership

 - may need exclusion from social media and/or moonlighting policies,
   too

* Be prepared to advocate for your cause

* Be reasonable

Companies

* re-write agreements to focus on what you realy need to own

* Review policies on social media, outside projects, open source

* Educate employees

  - disparaging of company or competitors

  - disclosure of trade secrets

  - New FTC rules

* Be reasonable

Projects

* Educate contributors that you don't want anything tainted

* get it in writing (e.g., Linux Developer Certificate of Origin) 

* Be reasonable. 

<end paula>

Corollary Employment Law Risks

* Blogging and social media

  (stupid things that you just shouldn't do) 

* Non-competes

  Rules in OR changed in January 2008. 

  * must have been entered into when beginning work or in conjunction
  with a true promotion

    - ORS 653.295
    - 3 days was ok, 17 not so much
    - promotion must be more than just moeny 

  Pre-2008: 

  * could not be "unreasonable" restraint on trade
    - must be reasonable in time and geo scope
    - employer must have a "protectable interest"
    - cannot be so expansive as to interfere with the public interest
    - ...

  After 2008: 

  * employee must be notified in wrtiing at least two weeks before
    starting work or bona fide advancement

  * employee is exempt under state law

     - includes computer systems analyists, programmers, and software
       engineers (in OR)

     - hourly vs. salary doesn't determine whether you're exempt! 

* Duty of loyalty

  - obligation to obey reasonable orders of one's employer
  - duty of care