Your job, likely, is to achieve some goal. You're the specialist who gets to decide how to achieve that goal. If open source software is part of that decision, then maintaining it is should also part of that decision. It's not radical, it's just doing your job by protecting the future stability and maintainability of things you rely on for that job.
> In the United States, United Kingdom, and several other jurisdictions, if a work is created by an employee as part of their job duties, the employer is considered the legal author or first owner of copyright.
https://en.wikipedia.org/wiki/Work_for_hire
That being said, I do think open source work (maintenance/development) should happen by salaried professionals instead of volunteers begging for donations. The big question is how to make that happen, how to get companies accept oss contribution as standard practice instead of something that needs separate individual negotiating.
The GitHub liberal IP agreement is a good example of being even more chill here.
The problems you are describing are not actually "problems in practice", as you say. They are theoretical problems.
In practice: You can just do stuff. There is no subroutine on your computer stopping the git push. In practice: Employers just write stuff in their employement contracts. They'll write everything they possibly can, to cover asses in every possible direction. If they're allowed to just write stuff, why aren't you allowed to just do stuff? Nothing matters. In practice: Roughly zero open source projects have had their IP challenged because of this technicality.
I'd be surprised if there was any actual burden on the upstream maintainer to care whether I was on my lunch break or whether I was on the clock when I made the fix.
this is not just about you and your risk, but also about the risk for the project.
We always advise our employees to request an exception for it. We are pretty relaxed about it, but we don't give out a blanket exception
If any of the work is related to what you do for your job this is true.
If the work is not related to the job it depends on the state. Many states have limitations on what employers can claim as their IP. Generic contracts will try to claim everything because they keep the language broad, but laws often say that an employer can't claim work you did in your free time if it wasn't related to the employer.
If you do the work during work hours or you use the company laptop, they would have a claim to it. Most companies aren't going to care, but you shouldn't get relaxed about this because you want to keep everything clean if a dispute arises.
Do the work on your own time, on your own hardware, and don't overlap the work you're hired to do or anything you might have been exposed to during your time at work.
If a company pays for your work time not work products (many contracts work like this) they have the full right to expect that during this work time you do the work explicitly ordered by them. It’s not only the law - it’s common sense.
The framing matters: don't say "can I please do some charity work because it makes me feel good".
Say, "can I have your permission to get free rigorous review from experts in my field, and zero out all future maintenance costs for your company by contributing my fixes to the upstream open source project?"
Because that's really how it is. No employer of mine has ever said no to that. It is entirely in their interest for you to do this, you just have to help them see it.
I think it makes more sense for the commons to be built on mutuality and some kind of antibody against parasitic exploitation.
There is no “tragedy of the commons”. Private enterprise is the only tragedy.
If you can do 1000x surely most projects are now essentially “complete” and bug free.
I don’t get this contradiction. Something is wrong.
In all the juridictions I have worked in, the code I ship during my work hours is owned by my employer, not me. I simply just can't decide on my own to contribute during my work hours. I need a formal agreement to work on open source code, and every single time I asked for it it took so much time (months) to run through legal department that I simply gave up or another contributor had shipped a PR in the meantime so I just gave up asking.
This point is obvious to devs with more experience but has been a real problem with some junior devs at some of my companies: They see something cool the company is doing in an internal project and think it would make a great contribution to some open source project, without thinking about the problems with using their knowledge of closed-source code to submit substantially similar code (or in some cases, copy and pasting) to an open source project.
It's never been a problem, and I feel is perfectly reasonable in the grand scheme of things.
mikemcquaid•2h ago
The "polite" channels (Open Source Pledge, GitHub Sponsors, Open Source Friday) ask companies nicely to contribute. I argue instead that maintainers inside those companies should just take the work time they need to maintain the open source those companies already benefit from.
Happy to take questions.
(I'm not a lawyer: please read your employment contract before acting on any of this!)
chrisweekly•1h ago