I told my boss I had an idea for a program that could improve efficiency across much of the business, and he let me build it on company time. In the long term, he wanted to be able to sell it to other companies. However, the program never got implemented due to personnel mismanagement, and I’d rather be able to post it on my github under a free licence so I can use it as a resume item, and at least someone would have the chance to actually use it. It’s all still in my head, and I could write it again if I wanted. If I do, is it illegal to publish it? What if I write it in a different language? Do I need to change the variable names? I did plenty of research and planning on company time to build it, and it’s not like I can research it again, it’s all still in my head.
Write it down for now so you do not lose the memory if it is so precious to you. Maybe it will be even better the next time coding it. I think many coders have a “loose copy” or a “code gist” of previous versions of their favorites codes around. I never created a code that I framed and hanged on my wall, but some came close. I would not publish it under your real name any time soon. At least not as long as you work in that company +1-2y. If you choose to publish it in the next 6 month under a very different name, in another account, with another repo name, because you love FOSS so much, and it looks different to the original code in format and style (and the presentation of data = frontend), then I see no problem. Just two guys having a similar idea. Not a lawyer though.
check carefully what you signed. If you didn’t sign anything saying otherwise, there’s nothing to prevent you from doing it.
If there’s something, you could still work around it (e.g. remove company secrets).
If the resulting product is provable better, then it’s objectively not the same thing you did for your boss.
After checking all of this, your local FSF might give you free legal advice to get going (keep all notes/correspondence secure for later if anything comes up. It proves you tried to act responsibly).
Not a lawyer but from my understanding of intellectual property: You wrote it on company time, so it is the companies code. Publishing it without explicit approval would be copyright infringement.
The code on the computer isn’t what I would be publishing. I would be publishing the memories in my head, which I had written down again
Doesn’t matter if you write it in code or chisel it on a stone tablet. It is still the companies intellectual property.
Think of it this way: You film a movie which for whatever reason doesn’t get published. This doesn’t give you the permission to write a book containing the same story, just in writing. The story is still owned by the film studio. The same reason applies to published material: You are not allowed to write a Star Wars story without approval from Disney, the copyright holder. Fan fiction exists in a gray zone for exact this reason.
