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Getting Paid To Abandon an Open Source Project?
darkeye writes "I'm facing a difficult dilemma and looking for opinions. I've been contributing heavily to an open source project, making considerable changes to code organization and quality, but the work is unfinished at the moment. Now, a company is approaching me to continue my changes. They want to keep the improvements to themselves, which is possible since the project is published under the BSD license. That's fair, as they have all the rights to the work they pay for in full. However, they also want me to sign a non-competition clause, which would bar me from ever working on and publishing results for the original open source project itself, even if done separately, in my free time. How would you approach such a decision? On one side, they'd provide resources to work on an interesting project. On the other, it would make me an outcast in the project's community. Moreover, they would take ownership of not just what they paid for, but also my changes leading up to this moment, and I wouldn't be able to continue on my original codebase in an open source manner if I sign their contract."
I mean that in a very practical way.
I've never signed a non-compete; they generally are a bad idea unless you have a personal services contract which guarantees you a minimum length of time when you'll get paid, because what's to stop them from firing you the day after you sign?
Also, if the non-compete is broad, and you quit/they fire you, could you find *any* work without competing with them? If the answer is no, then you should seek compensation for your time.
OTOH, if you're a typical coder-monkey who is bright, but your work could really be done by about 1,000 other people (and be honest with yourself) then the whole thing seems fishy to me on so many levels.
I have a feeling you're only asking this stuff because you're not really being honest with yourself. You know the answer to this. Just execute on it.
(I'm anon because I participate in all these talks all the time at a major company and I'd rather not have my name available in this context)
I once heard a story. It was about a man, who offered a woman $1,000,000 to have sex with him.
Of course, she said yes.
Before they started, she demanded the money up front. He handed her $50, to which she exclaimed "What is this? What sort of woman do you think I am?"
To which he replied "Madam, I think we've already established that, what we're doing now is quibbling over the price..."
Also, you could take a hint from dark-alex, of the playstation portable homebrew scene - 'quit' the scene, then release the code as someone else. Sure, you won't get the popularity among geeks for releasing open source software, but any employer can check on your work on the 'official' software.