Real Name For Open Source Development?

An anonymous reader writes "Do you contribute to open source projects under your real name or a nickname? The openness of open source can be encouraging, but software patents you have never heard of can become a nightmare if a patent troll sues for implementing 'their' scroll bar. A real name also means you end up in the big index we call search engines. An assumed name could be an additional layer of protection, but what are its pros and cons and is it worth the hassle when asked to participate in a meatspace meeting?"

Comments

probably overkill

[seanadams.com]

An open source project is an unlikely target for a patent troll. Trolls by definition are not in business actually implementing the technology that is the subject of their patents, so your open source project doesn't hurt them directly. Unless you're making lots of money selling your open source software, there's not much they can hope to sue you for.

If you are looking to for personal liability protection then you should create a corporation under which you do all your software development, which might even include hobby or GPL work. This is probably overkill, but it may be a good idea if you think that there's any possibility of building a business around your hobby work in the future. In that case you might be able to claim some tax breaks for the cost of your computer, internet connection etc.

Hiding behind a pseudonym is only helpful in the case where you are doing something very illegal or commercially disruptive, in which case you need to do a lot more than just choose a handle, eg offshoring, money laundering etc. See online casinos, spammers, and porn sites for ideas...

Another Con

[Anonymous Coward]

I bothered to read every letter of a contract I signed with a company I once worked for and it had the peculiar verbage something to the effect of "... every idea or product developed by the employee during their employment at CompanyX is intellectual property of CompanyX." I got some clarification which resulted in the understanding that that particular phrase was left open so that if I went home and wrote an NLP engine from scratch while I was employed, it was their intellectual property. Let's just say at that time I needed the money and my foot in the door so I did take that temporary position.

From that early moment on, all contributions have been pretty darn anonymous. Remember, you're not just protecting yourself, you're protecting other OSS developers, other OSS companies and more importantly the users.

Re:Another Con

[Zordak]

Actually, that's not "peculiar." Pretty much every employment contract will have a clause like that (more generous employers will just grab IP "related to your work," but read that broadly). And for the most part, it's enforceable.

There's also a problem with your anonymous contributions. The open source projects you donated code to are now tainted. If your employer decides to sue you for whatever reason, they'll ask in discovery for you to produce all IP you created while employed. Sure, you can lie and hide the stuff you did, and they may not find out. But if they do, you'll get sanctioned, and the judge will not be your friend after that. Bottom line, take those clauses seriously. If you're doing something unrelated and you really don't think your business is interested, get a signed release for your project. Or better yet, tell them up front that you work on unrelated open source projects, and ask them if they'll agree to a narrowly-crafted exclusion in the employment agreement. They may say yes.

I'm a lawyer, but this post isn't legal advice. Don't rely on it for any reason.