[NBLUG/talk] acceptable risk

[Steve S.]

On Wed, Nov 20, 2013 at 11:17 AM, Kendall Shaw <kshaw at kendallshaw.com> wrote:

> ... when I was hired, I was asked to sign an agreemen that I will not use
> any open source software or URLs... My main job function consists of
> extending some open source software ...

Uhhh... ???!?

It's not clear to me that one can "extend" the software without
"using" the software.  It appears to me that management has written a
contract such that you're in violation, just doing the job they
assign.

Stupid execudroids...


> A IT liaison has stated details of a license agreement that
> would make the entire department that I am in a violation of the rules.

Yeah.  That.


> So, I want to try to avoid the situation where weight is put behind
> impossible rules by contributing some suggestions.

Offhand, I think it's time you take two steps:

 1.  Get your resume in order, and prep for a job-search; this is
sounding worse and worse for you.

 2.  Consult a lawyer about being assigned work that's in direct
violation of your employment agreement -- the COMPANY seems to have
issued mutually-incompatible requirements, but maybe there's some
legal doctrine that allows this work to not be the problem it seems to
be.

I don't mean "hire a lawyer to represent you to them," just to advise
you about the situation and your rights; it's possible that someone in
a regulatory agency (labor-relations) might be the right person;
whatever, it probably needs to be someone relatively tech-savvy.  It's
also possible that someone in the EFF or some other open-source legal
resource can help you track down the expertise you need.

The LAST thing you want is to get adversarial with them -- do NOT send
your lawyer/whoever after them (not even 'letter of inquiry' sort of
thing) -- what they don't know, won't hurt you (btw -- you DO know
that this mailing-list can be found and searched fairly easily, don't
you?) .   But you appear to be in a situation where you need some
expert LEGAL advice, as they have given you a LEGAL problem via their
naively-stated technical requirements... but maybe this is just geeks
being naive about the legal issues...

The LAST thing you want is to get adversarial with them -- do NOT send
your lawyer after them (not even 'letter of inquiry' sort of thing).
But you appear to be in a situation where you need some expert LEGAL
advice, as they have given you a LEGAL problem via their
naively-stated technical requirements.

Good luck!

- Steve S.

-- 
"When I became a man I put away childish things, including the fear of
childishness and the desire to be very grown up."      -CS Lewis