Why in the world you should have a vote: was RE: Please
don'tchange Beastie to another crap logo suchas NetBSD!!!
atkielski.anthony at wanadoo.fr
Sat Feb 12 04:03:09 PST 2005
Ted Mittelstaedt writes:
> Whic could probably be got around easily by having the FreeBSD foundation
> pay him a dollar for software development, in which case he can simply
> say the entire project is a work for hire.
No. The developer has to have a bona fide employee relationship; that
is, FreeBSD would have to deduct FICA, set working hours, and so on--all
of the things that characterize a bona fide employee. Otherwise he's
just a consultant.
Of course, the developer can explicitly agree to treat the coding as
work for hire in writing, but if he insists on keeping his copyright, I
suppose he wouldn't be willing to do such a thing.
Unfortunately, even if he licenses the coding in perpetuity to FreeBSD,
he can still change his mind later and revoke the license, as can his
heirs. Therefore the copyright must be assigned, or the work must be
released to the public domain.
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