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marcan42's profile
Hector Martin
Hector Martin
Hector Martin
@marcan42

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Hector Martin

@marcan42

If it ain't broke, I'll fix it! I'm porting Linux to Apple Silicon Macs at @AsahiLinux. http://patreon.com/marcan  | http://github.com/sponsors/marcan 

Tokyo, Japan
marcan.st
Joined May 2009

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    1. Hector Martin‏ @marcan42 18 Dec 2019
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      Just contributing behind the scenes (like many Googlers) was all well and good, until the subject came up in an internal mailing list and I made the mistake of mentioning a Pulseaudio commit as an example of the kind of thing too trivial to bother going through the Process.

      1 reply 10 retweets 117 likes
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    2. Hector Martin‏ @marcan42 18 Dec 2019
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      This is the 9-line patch: https://github.com/pulseaudio/pulseaudio/commit/4e5051db7297d8171d148ef7d15c2e06ebeff0ce … This was something I debugged for a few hours, then fixed at 2AM. At home. I just wanted to send it and forget about it. No way I was going to spend more of my time getting a release for a 9-line patch to a GPL/LGPL codebase.

      1 reply 12 retweets 123 likes
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    3. Hector Martin‏ @marcan42 18 Dec 2019
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      I guess they've realized this was a dumb policy, because under the current rules what I did was totally fine. Unfortunately, at the time, instead, what I got was a flamewar with @cdibona where he accused me of putting both Google and Pulseaudio in jeopardy. For a 9-line bugfix.

      3 replies 18 retweets 197 likes
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    4. Hector Martin‏ @marcan42 18 Dec 2019
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      This proceeded with a bit of back and forth where I mentioned my bad experience with IARC. DiBona was having none of it, so instead he opted to *ban me from the IARC & open sourcing processes*. I was told to "go through employment legal" for any further issues.

      1 reply 8 retweets 141 likes
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    5. Hector Martin‏ @marcan42 18 Dec 2019
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      It was at this point that I pulled up my Google employee contract, and looked *very* carefully at the IP ownership clause. As it turns out, I had missed a little detail. It was *obviously* modeled after CA labor code (even though I was in Ireland), but there was a difference.

      2 replies 6 retweets 128 likes
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    6. Hector Martin‏ @marcan42 18 Dec 2019
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      CA labor code says, in pseudolegalese: You own THING you do on your own time without company equipment IF NOT ( THING relates to the company's business OR THING results from work you did for the company )

      2 replies 14 retweets 131 likes
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    7. Hector Martin‏ @marcan42 18 Dec 2019
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      Since Google's business is basically everything technology, you do not own anything in practice. E.g. I was told that since Android has an audio server too, that the Pulseaudio patch was in scope and owned by Google.

      1 reply 13 retweets 146 likes
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    8. Hector Martin‏ @marcan42 18 Dec 2019
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      However, my contract was worded differently: You own THING you do on your own time without company equipment IF ( NOT THING relates to the company's business OR NOT THING results from work you did for the company )

      2 replies 15 retweets 152 likes
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    9. Hector Martin‏ @marcan42 18 Dec 2019
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      It is evident Google would do better to hire computer science graduates for lawyers, because whoever wrote that clearly didn't understand boolean logic and De Morgan's laws. This is wrong: ¬(𝑃 ∨ 𝑄) ⇎ (¬𝑃) ∨ (¬𝑄) The correct equivalence is: ¬(𝑃 ∨ 𝑄) ⇔ (¬𝑃) ∧ (¬𝑄)

      1 reply 39 retweets 310 likes
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    10. Hector Martin‏ @marcan42 18 Dec 2019
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      And so, *as long as* whatever I did in my spare time and without using Google resources did not result from work I did for Google, it didn't matter one bit whether it "related to Google's business", which is the loophole they use to own everything you do.

      2 replies 10 retweets 194 likes
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      Hector Martin‏ @marcan42 18 Dec 2019
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      And so I resolved to give zero shits from that point on about their IP ownership policies, and did whatever I wanted in my spare time. If you work for Google (Ireland especially) you should check your employment contract carefully. You might be able to do the same.

      1:41 AM - 18 Dec 2019
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      5 replies 31 retweets 301 likes
        1. Hector Martin‏ @marcan42 18 Dec 2019
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          I hope Google's employees are able to unionize and this is one of the changes they should demand. No company should be able to own things you do in your spare time, especially if they don't relate at all to your job description (regardless of whether they do to someone else's).

          15 replies 89 retweets 588 likes
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        2. q3k‏ @q3k 18 Dec 2019
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          Replying to @marcan42

          Also, if you work for Google Switzerland, your contract _is_ different, and you _might_ be able to ignore IARC fully.

          1 reply 1 retweet 10 likes
        3. Andy‏ @G33KatWork 18 Dec 2019
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          Replying to @q3k @marcan42

          As long as you don't found a competing business venture and you are doing whatever stuff outside the working hours on private hardware, all this shit would never hold in Germany as well. The whole idea of waiving IP rights for stuff you did in your free time is batshit crazy.

          0 replies 0 retweets 1 like
        4. End of conversation
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        2. Christian Svensson‏ @blueCmd 18 Dec 2019
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          Replying to @marcan42

          For Switzerland there are similar loop holes, but I think they have to have them due to labor laws. IIRC the company can buy your IP for a fair market price or something like that, which is obviously not happening in practice.

          1 reply 0 retweets 2 likes
        3. Grant Taylor‏ @DrScriptt 18 Dec 2019
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          Replying to @blueCmd @marcan42

          I dislike that anything I develop on my own in my spare time on personal equipment that has anything past / present / foreseeable future project is suspect for forfeiture to Google. That’s my understanding.

          0 replies 0 retweets 1 like
        4. End of conversation
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        2. Fried Phish.‏ @friedphishes 18 Dec 2019
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          Replying to @marcan42

          if you work for Google in Ireland, Irish (read: European) employment/IP/etc laws will be the ones that matter as far as I can understand, no?

          1 reply 0 retweets 0 likes
        3. Hector Martin‏ @marcan42 18 Dec 2019
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          Replying to @friedphishes

          Yes, but regardless of what the law says, since my contract said I owned my work (the fact that it was a copypasta error from CA law is irrelevant), I did, without having to try to claim the clause was invalid under local law.

          0 replies 0 retweets 1 like
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        2. Yellow Flag  😷‏ @WPalant 18 Dec 2019
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          Replying to @marcan42

          It certainly depends on the country, but I'd expect a court to recognize the visible intent of a contract rather than the literal wording. You know, judges are typically lawyers and not computer scientists. So while it's an interesting loophole, I wouldn't bet my life on it.

          1 reply 0 retweets 0 likes
        3. Hector Martin‏ @marcan42 18 Dec 2019
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          Replying to @WPalant

          "or" is pretty explicit. No judge in Ireland would say "well, it says this or that, but clearly some California law that has nothing to do with Europe is what they were going for so that takes precedence". The wording is clear, it doesn't take a computer scientist to interpret.

          0 replies 0 retweets 4 likes
        4. End of conversation

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