Paying someone to write a GPL program

Forum: LinuxTotal Replies: 11
Author Content
mexashaggy

May 09, 2006
9:52 AM EDT
I work at a small clinic, and am needing a program written. We have no programmers on staff. I have looked around on the net for just such a senario, and have found a few places where you can post your project, and receive bids on it. These look ok, but I really want the finished product to be released under the GPL. Does anyone have any experience with this type of situation?? BTW, I would like the program to pretty much be a LAMP application. Thanks for any input.

mexashaggy
dinotrac

May 09, 2006
9:59 AM EDT
mexashaggy --

If you hire a programmer as an employee, you are free to release the software under any license you wish -- presuming, of course, that it doesn't incorporate other software with specific license restrictions. Work done by an employee in the course of employment is presumed to be the property of the employer.

Contractors are different.

You will need to get a signed contract in order to do what you want. The contract will explicitly assign all rights in the developed software to you, giving you the freedom to license it as you see fit. If you fail to get a written sign-off on the assignment, you risk falling into the legal default position: a non-exclusive unlimited use license granted by the contractor. This does not give you the power to release the software under the GPL.



The potential problem you have is that software doesn't fit into the traditional "works for hire" that have always been part of the copyright law.
mexashaggy

May 09, 2006
2:14 PM EDT
Thanks dinotrac

I think I will go ahead and post the project on one of the bid sites, and make it clear that the source will belong to the clinic, and then turn around and release it GPL.
dcparris

May 09, 2006
3:35 PM EDT
Dinotrac is right on track (go ahead, laugh). Whether you contract or employ the programmer, make it clear the code belongs to you. Where I work, anything anyone works on during their work time belongs to the company. As I understand it, I am a contractor, not employed for programming, and thus anything I do along those lines is actually mine.
grouch

May 09, 2006
4:36 PM EDT
dcparris: >"Dinotrac is right on track (go ahead, laugh)."

He's scary sometimes.

mexashaggy:

Don't ignore the benefit of stating up front that all code will be released under the GPL. There are good programmers who prefer to work that way. You may get a better response than if you only state that the code will remain the property of the clinic.
jdixon

May 09, 2006
4:48 PM EDT
mexashaggy:

You don't give your physical location, so I can't check, but if there is a Linux Users Group in your area, you should contact them. They will likely know of any Linux friendly programmers in your area.
dcparris

May 09, 2006
4:59 PM EDT
Yeah, CharLUG always posts stuff on the listserv regarding jobs.
dinotrac

May 09, 2006
5:07 PM EDT
Dinotrac is right on track?

Never mind the play on words, I can only say it's about time everyone around here recognized that fact.

I realize that I'm not always right. It's just that I can't remember the time I was wrong. It was long ago and I'd been up late partying.
grouch

May 09, 2006
5:25 PM EDT
dinotrac:

There's an ancient caboose "right on track" in the city of Bowling Green, KY. The tracks end about ten feet from either end of the caboose. The caboose is used as the business office of a brickyard.

I think dcparris was not intending to imply an "always" anywhere in his statement. You, or some automated thingy you've secretly installed on your computer, managed to not be completely out of whack with sanity in this instance.

Your tracks are still warped, though.
dinotrac

May 09, 2006
6:09 PM EDT
>I think dcparris was not intending to imply an "always" anywhere in his statement.

I was just trying to help him be more accurate!
grouch

May 09, 2006
7:10 PM EDT
dinotrac: Even when we disagree, you're always interesting. Sometimes, you're downright hilarious. Thanks for making me clean my monitor so often.
dinotrac

May 09, 2006
7:36 PM EDT
grouch: Anything for purer pixels.

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