Confidential GPL?
I just dumped all over a someone who wanted me to do some work on their Drupal site and probably in the process walked away from doing work with them because the wanted me to sign a confidentiality agreement.
I have only ever signed a confidentiality agreement once, and it was when I did some work for Google. I only did it then because I thought it would be cool to say I worked for Google. I think then the agreement was 13 pages, so when this prospect sent me a 5 page agreement, I didn't think it'd be an issue until I read things like systems, inventions, computer software programs, consultants, employees qualifying as confidential information. They also had a clause where I would have to return all copies of anything to them when we cease business dealings.
So, I simply declined to sign, mentioned something about using reasonable judgment, and tried to explain why open source and Drupal continue to succeed. By tying my hands on what I would be able to discuss when debugging or what improvements to contrib modules I could give back, I'd be participating in hampering the optimal future success of the client and not doing my part to "pay" for the free software I so easily download.
I've said before, and it falls on deaf ears, if you make your living from an open source project, it's only right to give back to ensure its survival. That's why I've committed to financial donations every week alongside my code contributions.
Release your code, it's worthless anyways takes a slightly over dramatic view of it, but your code and attempts to keep it confidential are and old-fashioned effort that is no longer optimal. It is what you do with that code that is the new way of becoming an internet success. Use the open source environment as a resource for receiving other free contributions, bug reports and fixes and you'll outperform those who have the expensive in-house budgets to keep it all secret.
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Topics: Drupal · open source
· · Topics: Drupal · open source
Confidential GPL?
wow. It's people like you that give software, programmers and GPL a BAD NAME.. :(
what a NUT JOB!
never, never, turn down an opportunity to be a true evangelist for a cause.
To be honest, I probably would not sign a NDA as you describe for the following reasons.
With GPL code and development being a 'common soup' and crock pot of ideas, intermingling and cross-polinating, who can say whom was the first or 'owner' of a particular idea,process or method? NOBODY!
the GPL license directly and deliberately precludes OWNERSHIP. Like the Indians (Native Americans) who had no concept of "land ownership" we are all "stewards of the code".
Consequently, it would be easy to fly afoul of an NDA for this very reason. Furthermore, this NDA basically would entail PLACING A LIEN on all further inventions by you as everything would have to vetted against past NDA work. This is in and off itself, an unwholesome administrative burden (for 30 pieces of silver as you say)
However, that aside, what of the other parts of the project and agreement. Is it too much to ask a prospective contractor that they NOT DISCLOSE intimate or proprietary elements of someones business when they work for them?
Granted, somethings by their nature cannot be held secret, and you cannot and should not sign an agreement to 'keep the Genie in the bottle' but other than that, go ahead!
You should be quite clear that code you supply as a developer comes from the common soup, you can make no stipulation that what you 'create' wasnt in turn created/inspired by someone else! - The employer is free to use but not to assert ownership over.
Personally, with all that said, you COULD create some code that is unique and exclusive to their business, and unless it is the Affero license, it will be perfectly valid for them to keep it to themselves.
Of course, YOU suffer a loss in creating this one-off, exclusive code... that sir, commands a premium, an upcharge if you will (a portion of which you could quite freely donate to your favorite open source project, hmmmm?*
* I am in the process of getting myself Open Software certified, the minute I am, please send donations as you are able, regards,
steve.
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