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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."

15 of 440 comments (clear)

  1. Resources by lordsilence · · Score: 5, Interesting

    What if the state claims that he was using their resources and knowledge about how ticket-system works?
    Would that affect the case?

    1. Re:Resources by The+MAZZTer · · Score: 5, Funny

      Only if Microsoft should be entitled to the source code of every Windows application ever written.

    2. Re:Resources by bennomatic · · Score: 5, Interesting
      Companies have tried this sort of thing before. In the early days of Lotus 123, they realized that people were making pretty good money writing custom applications within Lotus using their scripting language, and so they made some machiovellian modifications to their licensing agreement that made all scripts written in their language their property.

      My understanding is that there were some legal challenges to that, but the main thing was that they essentially killed the golden goose. Lotus was (and still is, in it's present incarnation as "Notes" under IBM) a great system, with amazing flexibility. A lot of people swear by it, using it to run just about everything in their business. But that sort aggressive licensing took a lot of wind out of L123's sales--pun intended--and other companies were ready to fill the void, turning it into an also-ran.

      --
      The CB App. What's your 20?
    3. Re:Resources by CaymanIslandCarpedie · · Score: 5, Funny

      A lot of people swear by it

      Let me fix that for you.

      A lot of people swear at it

      There, thats better ;-)

      --
      "reality has a well-known liberal bias" - Steven Colbert
    4. Re:Resources by Anonymous Coward · · Score: 5, Funny

      Your sig: My info page is filling up with rejected posts. How can I purge these?

      The real problem is that you obviously don't know how submit stories the "slashdot way." Here are some basic tips for submitting stories:
      1. Never submit an original or timely story.
      Instead please submit week-old stories from CNet News.
      2. When submitting a story, please try to misspell words or make critical grammatical errors.
      While in normal circumstances this would be unacceptable, it is considered l33t on Slashdot.
      3. Always pander to the liberal, anti-MS, or anti-digital rights sycophants on Slashdot with an absurd political statement in the guise of a question.
      Example: "Given the fact that the format issues with high-definition optical disks have yet to be worked out, how can we foil further assaults on our Constitutional rights by George Bush?
      4. Submit stories that are as polarizing as possible.
      Example title: Totally Unknown and Unqualified Blogger Says Linux is Better Than Mac.
      Example Text: 13-year-old student, Little Billy Ballinger, has issued his annual assessment of Operating Systems and Linux has come out on top. FTA: "As a guy who has only used my mom's spyware-laden Windows 98 machine, I find myself in a unique position to declare a winner in the OS wars--and I choose Linux."

    5. Re:Resources by TufelKinder · · Score: 5, Funny

      Ssh! Stop giving them ideas...

      --
      If liberty means anything at all, it means the right to tell people what they do not want to hear. -- George Orwell
  2. Head Asplode... by ShaunC · · Score: 5, Funny

    For once I find myself actually rooting for a cop! Next thing you know, Microsoft will be giving away Windows, and Wal-Mart will go bankrupt... Someone pinch me before I wake up.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  3. Hmm... by Some+Clown · · Score: 5, Funny

    There's a donut joke in here somewhere...

    --
    "...The mice will see you now..."
  4. The minute they... by just_another_sean · · Score: 5, Interesting

    ...encouraged him and offered to let him use their resources (time at work and a PC) he should of asked for some kind of agreement in writing that it was his.

    My boss is very liberal about what we do in the IT department as long as things are running smoothly and we get long term projects done on time. But even here I am careful to keep anything I might potentially think of as mine at home and off company equipment.

    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  5. Well... not all of it. by paladinwannabe2 · · Score: 5, Insightful

    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.

    --
    You are reading a copy of my copyrighted post.
  6. Re:the take-away point by WED+Fan · · Score: 5, Interesting

    Actually, try it like this: (The American Way)

    • Write a little bit
    • Demo it to the boss
    • "I'd like to provide it to the State, free of charge"
    • "I plan on selling it to other police agencies for a fee"
    • "If you don't agree, I'll sell it to other agencies for a fee. Then, when the State wants it, I'll sell you a license."
    • Profit

    God bless MLK, I got the day off.

    I work as a contractor for the DOD. A few years ago, a government employee did that. He was the boss of the shop, developed a cool DB system. Quit. Opened his shop, sold his system. Profit.

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  7. MOD PARENT UP by momerath2003 · · Score: 5, Funny

    someone has seen into the heart of slashdot

    --
    I had but a simple dream, to destroy all humans.
    1. Re:MOD PARENT UP by zxsqkty · · Score: 5, Funny

      It is pitch black. You are likely to be eaten by a GNU.

      someone else has seen into the heart of slashdot

      --
      Caution: May contain nuts.
    2. Re:MOD PARENT UP by PockyBum522 · · Score: 5, Funny

      Caution: May contain nuts. Someone else has stolen the warning labels off slashdot!

      --
      -- David
  8. Federal Law by coats · · Score: 5, Interesting
    IANAL, but...

    The officer is wrong on one point: this is a matter for Federal law. (The very same issue is why Novell was able to move SCO vs. Novell from Utah court to Federal Court.)

    Federal law controls on copyight matters, overiding both state law and whatever contract he was (forced to) sign. And Federal law says that the program is his, and not the State of Wisconsin's, unless either (a) it was produced during the normal course of his working day; or (b) it was specifically commissioned in writing; or else (c) there is a signed written specific instrument of conveyance (US Code Title 17, Chapter 1 Section 101 and Chapter 2 Section 204).

    --
    "My opinions are my own, and I've got *lots* of them!"