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Code Copying Survey for Developers
Struan Robertson writes "With all the controversy surrounding SCO's allegations that its Unix code was copied into Linux, we're running a survey with ZD Net to gauge industry practice on code copying. Do you keep a code library? Do you take it from one employer to another? These are the questions we're asking. All answers will be anonymous. The results - with expert legal analysis - will be published free - we're not doing this to sell reports etc. If you're a developer and happy to help, see our
questions on SurveyMonkey.com."
I maintain at home a library of code under an open source (BSD style) license. Once an employer has given me permission to use and contribute back into that library, THEN I use it at work, and I take it with me when I go. If they want to pay me to reinvent the wheel, its on their dime, no problem! If they want the advantages my existing code, then they have to let me keep improvements. Sort of an informal LGPL license, without the "lesser" wording that smacks of posturing.
To the point - This survey did not allow me to clarify that my code library brought between jobs was legal, and it bugs me that it may be used to support the position that more people ignore the law than may actually do so.
I don't think you hold copyright on a derivative work - not even the "diff" you created.
I generally just turn over copyright to the owner, so it does not come up, but I believe you would have to do significant, original work, in order to hold the copyright.
But in that case, it's not derivative anyway and you hold copyright alone.
I'd think pretty long and hard before answering these questions. This group appears to be a MS astroturf (false grassroots) organization, going as far as quoting that shill Didio from the Yankee Group.
The survey is full of misleading questions and will *force* you to admit you steal. Watch out.