[llvm-dev] RFC: Improving license & patent issues in the LLVM community

Daniel Berlin via llvm-dev llvm-dev at lists.llvm.org
Fri Oct 23 08:11:11 PDT 2015

On Thu, Oct 22, 2015 at 9:54 PM, Joerg Sonnenberger via llvm-dev <
llvm-dev at lists.llvm.org> wrote:

> On Wed, Oct 21, 2015 at 09:10:40AM -0700, Daniel Berlin wrote:
> > Let's start with: In just about every country in the world, anyone
> > contributing on behalf of their company are exercising their employers
> > copyright (in most cases, even if they do it in their "spare time", since
> > most people misunderstand what the law grants them there).
> At least under German law, there is a clear separation between what I do
> during work time and outside. Ignoring questions like anti competition
> issues, my employer has no claims to what I do outside work time.

Again, this is a common misconception, or so multiple german employment
lawyers have told me.

> That
> leaves the part of "contributing on behalf of their company".

> > Both actual (They told me i could contribute), agent (I am also actually
> > authorized to contribute anyway), and apparent authority (Everyone else
> in
> > the community would normally believe i have authority to contribute, and
> > thus, there is apparent authority, regardless of whether Google said i
> > could contribute) would all bind Google when i contribute stuff.
> I don't think you will be able to convince a German court of that.

and I do.
With all due respect, these issues have been vetted with actual legal
counsel, and they disagree with you.

When push comes to shove, i take their viewpoint over yours.
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