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Re:Avow-CI Is No More by btilly on Monday April 14, 2014 @12:42PM (#7587205)
It also seems weird to me that while the former employee is saying he needs to stop, he's letting others fork the code and keep going with it.

I think he received poor legal advice on this, and the same goes for anyone who forks it.

The issue is that he does not own copyright. Given that he doesn't own copyright, what he says does not matter. It is as meaningful as my giving permission for Bob to drive YOUR car. Since I don't own it, I can't actually give permission.

Usual disclaimers. I am not a lawyer, this is not legal advice.

Re:Avow-CI Is No More by j_jochem on Monday April 14, 2014 @12:52PM (#7587283)
I don't think you can say that he does not own copyright. In this case, it is unclear who owns the copyright and a court would probably have to be involved to clarify the situation.
Re:Avow-CI Is No More by Silhouette on Monday April 14, 2014 @01:16PM (#7587449)
In this case, it is unclear who owns the copyright and a court would probably have to be involved to clarify the situation.

While it's strictly true that we haven't been told enough to know, I would expect even the most fair and reasonable of employment contracts to transfer the copyright to the employer by default if we're talking about a project that is in exactly the field that the employee works in at their job.

Re:Avow-CI Is No More by btilly on Monday April 14, 2014 @02:55PM (#7588050)
I don't think you can say that he does not own copyright.

I have worked in and paid attention to employment law as far as it pertains to copyright in both California and New York. From what I have been told by competent lawyers in both states, this would be an open and shut case. Even if the contract didn't say anything about it (which would be extremely unlikely), work done by an employee on a project related to what the company does is a work for hire and therefore belongs to the company.