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Got a situation:

  • implemented an approach/poc at work and does suffice the task.
    • this implementation is platform dependent.

I started to extend the project without reusing platform and code + using all open source packages and frameworks.

My ask: is it legal to extend this framework and open-source it (I love this project too much to just let stay and benefit a single company) since used work environment for testing it? What are the steps and how can avoid management ir company retaliations?

Idea implemented is mine and POC framework too (extension to level I do want it may take time and may not get outside of the company) at work but all this research is done outside working hours and the only piece is that I tested that does work on the company infrastructure (implementation i do think suffice the testing in platform).

Note: this project was out of scope for my role (this is the reason that I do have signed only NDA) as part of my daily job requirements and is just a prototype to show how can be brought benefits from current company infrastructure.

Not looking to see contract requirements from lay perspective but just steps to make in order to extend project-idea outside of a company without retaliation from all involved.

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  • 3
    What does your employment contract say?
    – nick012000
    Commented Feb 27, 2020 at 22:24
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    Nothing related to code reuse or intellectual property, only part is the data, infrastructure security and protection (this framework is not involving any company data) ...
    – n1tk
    Commented Feb 27, 2020 at 22:27
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    This is generally a bad idea, especially if you want other people to use it and even more so if there are commercial benefits. Double check your contract because usually there are clauses against this or specific conditions you need to avoid (e.g. wait a year after leaving before releasing). Generally speaking, if you do something at work, it belongs to the work place. Not you. So you could be stealing IP.
    – Shadowzee
    Commented Feb 27, 2020 at 22:30
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    Have you signed any non-compete agreement? If so, then perhaps you are restricted to do what you want.
    – DarkCygnus ♦
    Commented Feb 27, 2020 at 22:52
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    Since no one has explained why the question was closed: Generally, you can't ask super specific questions here. In this case, your question depends 100% on your current contract. You could rephrase the question to be more general (in the sense that it applies to other people) "What must I consider before extending a company project as a personal project?" and your question will possibly be reopened
    – Mars
    Commented Feb 28, 2020 at 6:02

2 Answers 2

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I find it highly unlikely that your contract doesn't protect against this sort of situation. (no data to back this up other than a dozen or so work contracts)

When in doubt about legal aspects of an issue, take a copy of your contract and speak with a lawyer.

If you really want to continue the project, your steps are probably to

  • If you're worried your boss would say no, check with a lawyer
  • If the lawyer says you can't, try asking your boss. If the lawyer and your boss both say no, then you're probably out of luck.
  • If they both say no, you should not publish it anonymously, as it is unlikely to end well. (Credit: @Mawg says reinstate Monica)
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  • I still don't see why he doesn't ask the company first. Unless, of course, he expects a negative answer. "It is better to ask for forgiveness than permission" is the logic of a four year old
    – Mawg
    Commented Feb 28, 2020 at 6:54
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    @MawgsaysreinstateMonica IF, and that's just an IF, OP has some kind of old contract full of holes, then I suppose OP might have a chance, regardless of how the company feels about it. Asking the company would give them a chance to fill those holes or make a groundless denial. I think it mostly depends on the culture and how badly OP wants it
    – Mars
    Commented Feb 28, 2020 at 7:14
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    I will upvote, but note that they could fill those holes for future contracts, but not retroactively. "I love this project too much to just let stay and benefit a single company" seems to indicate that he will cut any corner to get it published, but asking for our blessing can only add risk, not benefit, to him.
    – Mawg
    Commented Feb 28, 2020 at 7:17
  • @MawgsaysreinstateMonica I added some next steps--seem appropriate? If not, feel free to edit
    – Mars
    Commented Feb 28, 2020 at 7:22
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    Seems great (and upvoted). I would also advise him against trying to publish it anonymously, as that is unlikely to end well
    – Mawg
    Commented Feb 28, 2020 at 7:24
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Go for it.

It's an idea that you want to run with. There doesn't seem to be any legal implications, but I'm not a lawyer. In any case it seems unlikely anyone would push the issue.

The only problem I see is whether it was your idea or not. If not then there may be a moral dilemna.

At the end of the day if you're not showing it off, no one knows.

The real issue is when you publish, not development in your own time and resources.

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    There are almost always legal issues in this sort of scenario. This answer is highly inappropriate given the little information currently available...
    – Mars
    Commented Feb 28, 2020 at 4:29
  • @Mars there is lots of information in the comments, and the OP can read a contract as well as a lawyer. Lawyers cost money. But regardless the OP would have mentioned if the contract said he cannot develop anything in his own time. There may be an issue when publishing but that's another matter.
    – Kilisi
    Commented Feb 28, 2020 at 4:43
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    Developing on your own time is fine. Copying something that you made for work is generally not.
    – Mars
    Commented Feb 28, 2020 at 4:58
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    I love this project too much to just let stay and benefit a single company I think OP has intent to publish.
    – Mars
    Commented Feb 28, 2020 at 5:34
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    "the OP can read a contract as well as a lawyer" - makes me wonder why we have lawyers
    – Mawg
    Commented Feb 28, 2020 at 6:52

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