State Trooper Fights For His Source Code
BarneyRabble writes to tell us that a Wisconsin State Trooper is fighting to maintain control of the source code for a program he wrote that helps officers write traffic tickets electronically. Praised by the state just 18 months ago, Trooper David Meredith is now suing the head of patrol claiming that the state is trying to illegally seize the source that he had developed on his own time. From the article: "Meredith, of Oconto Falls, defied an order from his bosses to relinquish the source code - the heart of the program - in October and instead deposited it with Dane County Circuit Judge David T. Flanagan, pending a ruling on who should control it. The case centers on how the software was developed. Department of Transportation attorney Mike Kernats said the State Patrol - a division of DOT - provided Meredith with a computer to write the software and gave him time off patrol duties so he could do the work. But Meredith said in court filings that he spent hundreds of hours off duty working on it, developing it almost entirely on his own time. He noted that he never signed a software licensing agreement."
It looks like the base program comes from Iowa, which gave the program to Wisconsin under the condition that it not be sold commercially. Thus, the trooper cannot sell this program anymore than Microsoft could sell Red Hat Linux without releasing the source code for free. The trooper quite possibly has copyrights to the changes he made, but if so he can only sell the changes he made to someone who already has Iowa's program.
A fair solution would be the officer gives the rights to his employer, and his employer gives him a nice bonus for overtime work ($10,000-$20,000, depending on the amount of time he spent and the quality of the changes he made). If I were him I'd try to settle out of court.
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