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What can be legal implications of launching my own open source software in competition with my previous employer? [closed]
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I worked on an open source software for a startup and now I am not their employee. I have developed an open source software in the same technology, serving the same purpose.
What can be legal implications of launching this software that will be in competition (indirectly) with my previous employer's software?
P.S. This software will be totally free (no direct income other than donations) and will be released in the same free software repository where many other software serving this same function exist (including that of my previous employer)
software-industry software
asked Nov 5 '14 at 20:17
raj
21
closed as off-topic by Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe Nov 6 '14 at 17:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe
 |Â
show 4 more comments
up vote
-1
down vote
favorite
I worked on an open source software for a startup and now I am not their employee. I have developed an open source software in the same technology, serving the same purpose.
What can be legal implications of launching this software that will be in competition (indirectly) with my previous employer's software?
P.S. This software will be totally free (no direct income other than donations) and will be released in the same free software repository where many other software serving this same function exist (including that of my previous employer)
software-industry software
asked Nov 5 '14 at 20:17
raj
21
closed as off-topic by Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe Nov 6 '14 at 17:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
2
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
3
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
3
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
1
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06
 |Â
show 4 more comments
up vote
-1
down vote
favorite
up vote
-1
down vote
favorite
I worked on an open source software for a startup and now I am not their employee. I have developed an open source software in the same technology, serving the same purpose.
What can be legal implications of launching this software that will be in competition (indirectly) with my previous employer's software?
P.S. This software will be totally free (no direct income other than donations) and will be released in the same free software repository where many other software serving this same function exist (including that of my previous employer)
software-industry software
asked Nov 5 '14 at 20:17
raj
21
I worked on an open source software for a startup and now I am not their employee. I have developed an open source software in the same technology, serving the same purpose.
What can be legal implications of launching this software that will be in competition (indirectly) with my previous employer's software?
P.S. This software will be totally free (no direct income other than donations) and will be released in the same free software repository where many other software serving this same function exist (including that of my previous employer)
software-industry software
asked Nov 5 '14 at 20:17
raj
21
asked Nov 5 '14 at 20:17
raj
21
asked Nov 5 '14 at 20:17
raj
21
asked Nov 5 '14 at 20:17
raj
21
21
closed as off-topic by Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe Nov 6 '14 at 17:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe
closed as off-topic by Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe Nov 6 '14 at 17:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Telastyn, Joe Strazzere, gnat, Jan Doggen, NotMe
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
2
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
3
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
3
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
1
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06
 |Â
show 4 more comments
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
2
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
3
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
3
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
1
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
2
2
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
3
3
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
3
3
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
1
1
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06
 |Â
show 4 more comments
3 Answers
3
active
oldest
votes
up vote
2
down vote
You have to read your employment agreement. Some companies do not allow you to develop competitive software until about a year after you leave. That is the way my contract is with my company.
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
suggest improvements |Â
up vote
1
down vote
If you release it while working for the company there is a reasonable expectation that you developed it whilst in their employ and as such the may have a claim on the development. They would be entitled to not allow its release to the market.
If nothing else if you were working for me and I found out, you'd be looking for new job pretty sharpish. Undermining the company's profitability, working for a competing enterprise, all sorts of nasty stuff!
answered Nov 5 '14 at 21:54
nimbusgb
1191
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
suggest improvements |Â
up vote
1
down vote
As a worst case, the company could claim you stole their source code, file criminal charges, and have you arrested. Sergey Aleynikov was accused of this by Goldman Sachs and spent nearly a year in prison even though the charges were eventually thrown out.
Less extremely, the company might claim copyright infringement and file a civil suit. Jail time would not be at stake here, but you could still waste a lot of time in court and money on a lawyer - even if they did not prevail.
answered Nov 5 '14 at 22:11
Andrew Medico
44749
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
suggest improvements |Â
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
You have to read your employment agreement. Some companies do not allow you to develop competitive software until about a year after you leave. That is the way my contract is with my company.
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
suggest improvements |Â
up vote
2
down vote
You have to read your employment agreement. Some companies do not allow you to develop competitive software until about a year after you leave. That is the way my contract is with my company.
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
You have to read your employment agreement. Some companies do not allow you to develop competitive software until about a year after you leave. That is the way my contract is with my company.
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
You have to read your employment agreement. Some companies do not allow you to develop competitive software until about a year after you leave. That is the way my contract is with my company.
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
answered Nov 5 '14 at 20:18
Lawrence Aiello
11k63155
11k63155
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
suggest improvements |Â
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
4
4
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
And then having read it, if you don't like it you can consult an employment lawyer to see whether or not the restrictive clauses are actually enforceable against you in the relevant jurisdiction.
– Steve Jessop
Nov 5 '14 at 21:01
suggest improvements |Â
up vote
1
down vote
If you release it while working for the company there is a reasonable expectation that you developed it whilst in their employ and as such the may have a claim on the development. They would be entitled to not allow its release to the market.
If nothing else if you were working for me and I found out, you'd be looking for new job pretty sharpish. Undermining the company's profitability, working for a competing enterprise, all sorts of nasty stuff!
answered Nov 5 '14 at 21:54
nimbusgb
1191
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
suggest improvements |Â
up vote
1
down vote
If you release it while working for the company there is a reasonable expectation that you developed it whilst in their employ and as such the may have a claim on the development. They would be entitled to not allow its release to the market.
If nothing else if you were working for me and I found out, you'd be looking for new job pretty sharpish. Undermining the company's profitability, working for a competing enterprise, all sorts of nasty stuff!
answered Nov 5 '14 at 21:54
nimbusgb
1191
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
If you release it while working for the company there is a reasonable expectation that you developed it whilst in their employ and as such the may have a claim on the development. They would be entitled to not allow its release to the market.
If nothing else if you were working for me and I found out, you'd be looking for new job pretty sharpish. Undermining the company's profitability, working for a competing enterprise, all sorts of nasty stuff!
answered Nov 5 '14 at 21:54
nimbusgb
1191
If you release it while working for the company there is a reasonable expectation that you developed it whilst in their employ and as such the may have a claim on the development. They would be entitled to not allow its release to the market.
If nothing else if you were working for me and I found out, you'd be looking for new job pretty sharpish. Undermining the company's profitability, working for a competing enterprise, all sorts of nasty stuff!
answered Nov 5 '14 at 21:54
nimbusgb
1191
answered Nov 5 '14 at 21:54
nimbusgb
1191
answered Nov 5 '14 at 21:54
nimbusgb
1191
answered Nov 5 '14 at 21:54
nimbusgb
1191
1191
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
suggest improvements |Â
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
The question specifically says the company in question is a former employer, not current.
– Andrew Medico
Nov 5 '14 at 21:59
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
He might not want to employee someone who did this to his previous employer either.
– gnasher729
Jun 4 '15 at 15:41
suggest improvements |Â
up vote
1
down vote
As a worst case, the company could claim you stole their source code, file criminal charges, and have you arrested. Sergey Aleynikov was accused of this by Goldman Sachs and spent nearly a year in prison even though the charges were eventually thrown out.
Less extremely, the company might claim copyright infringement and file a civil suit. Jail time would not be at stake here, but you could still waste a lot of time in court and money on a lawyer - even if they did not prevail.
answered Nov 5 '14 at 22:11
Andrew Medico
44749
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
suggest improvements |Â
up vote
1
down vote
As a worst case, the company could claim you stole their source code, file criminal charges, and have you arrested. Sergey Aleynikov was accused of this by Goldman Sachs and spent nearly a year in prison even though the charges were eventually thrown out.
Less extremely, the company might claim copyright infringement and file a civil suit. Jail time would not be at stake here, but you could still waste a lot of time in court and money on a lawyer - even if they did not prevail.
answered Nov 5 '14 at 22:11
Andrew Medico
44749
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
As a worst case, the company could claim you stole their source code, file criminal charges, and have you arrested. Sergey Aleynikov was accused of this by Goldman Sachs and spent nearly a year in prison even though the charges were eventually thrown out.
Less extremely, the company might claim copyright infringement and file a civil suit. Jail time would not be at stake here, but you could still waste a lot of time in court and money on a lawyer - even if they did not prevail.
answered Nov 5 '14 at 22:11
Andrew Medico
44749
As a worst case, the company could claim you stole their source code, file criminal charges, and have you arrested. Sergey Aleynikov was accused of this by Goldman Sachs and spent nearly a year in prison even though the charges were eventually thrown out.
Less extremely, the company might claim copyright infringement and file a civil suit. Jail time would not be at stake here, but you could still waste a lot of time in court and money on a lawyer - even if they did not prevail.
answered Nov 5 '14 at 22:11
Andrew Medico
44749
answered Nov 5 '14 at 22:11
Andrew Medico
44749
answered Nov 5 '14 at 22:11
Andrew Medico
44749
answered Nov 5 '14 at 22:11
Andrew Medico
44749
44749
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
suggest improvements |Â
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
-1 - the guy in question did steal company code, but didn't do anything with it to compete with Goldman. OP doesn't mention stealing company code, but is trying to compete with his former company
– bharal
Nov 5 '14 at 23:55
suggest improvements |Â
Well, we can't really do legal questions here. Having said that, the biggest question is whether or not you have a non-compete agreement with your old company and if so, is it still in effect?
– Chris E
Nov 5 '14 at 20:18
2
@raj - they don't need to know who you are to sue "owner of XYZ clone". Also, this is offtopic for the site; we are not lawyers.
– Telastyn
Nov 5 '14 at 20:26
3
They just name "owner of XYZ clone" in the lawsuit and then use the discovery process to subpoena the information from any providers that you are using. It's pretty common and pretty easy.
– Chris E
Nov 5 '14 at 20:42
3
There are at least two issues here. 1) Whether your employment agreement permits you to do this and 2) whether you used any company secrets in your new software. Don't rule out the possibility that they may sue you just to keep you from releasing the code. They don't have to win the lawsuit, just prevent you from releasing it while they drag out the lawsuit until you starve.
– DJClayworth
Nov 5 '14 at 21:16
1
Because they suspect there is something wrong. If they feel someone is interfering with their business, do you think they just accept that without striking back? That's very naïve. BTW, thinking that you can finance anything by donations is equally naïve. People don't pay if they don't have to.
– gnasher729
Nov 5 '14 at 23:06