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State Trooper Fights For His Source Code 440

BarneyRabble writes to tell us that a Wisconsin State Trooper is fighting to maintain control of the source code for a program he wrote that helps officers write traffic tickets electronically. Praised by the state just 18 months ago, Trooper David Meredith is now suing the head of patrol claiming that the state is trying to illegally seize the source that he had developed on his own time. From the article: "Meredith, of Oconto Falls, defied an order from his bosses to relinquish the source code - the heart of the program - in October and instead deposited it with Dane County Circuit Judge David T. Flanagan, pending a ruling on who should control it. The case centers on how the software was developed. Department of Transportation attorney Mike Kernats said the State Patrol - a division of DOT - provided Meredith with a computer to write the software and gave him time off patrol duties so he could do the work. But Meredith said in court filings that he spent hundreds of hours off duty working on it, developing it almost entirely on his own time. He noted that he never signed a software licensing agreement."
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State Trooper Fights For His Source Code

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  • by reklusband ( 862215 ) on Monday January 15, 2007 @01:40PM (#17615838)
    Ok, so we've got a disgruntled programmer/cop and he's not getting credit for software the state uses for official business? Hopefully they never notice the Superman 3 code that he borrowed implemented with a deadman switch. Seriously...Don't they know not to mess with guys with guns and nerding skills?
  • by agoliveira ( 188870 ) <(adilson) (at) (adilson.net)> on Monday January 15, 2007 @01:41PM (#17615856)
    It does not matter how trivial. If you're into something like this, aways write it down and have the other part sign it. Period. I've had more than my share on this kind of issues and even turn some jobs down because of this so, better safe than sorry.
  • Tracs (Score:4, Insightful)

    by operagost ( 62405 ) on Monday January 15, 2007 @01:44PM (#17615890) Homepage Journal
    I'm wondering if the fact that it may be a derivative work of Tracs could actually be a bigger issue. The article didn't make it clear whether he actually modified parts of Tracs or just wrote an interface to it.
  • by gr8_phk ( 621180 ) on Monday January 15, 2007 @01:44PM (#17615902)
    Better yet: Make sure you know who is going to own the code before you write it.
  • Licensing (Score:4, Insightful)

    by kevin_conaway ( 585204 ) on Monday January 15, 2007 @01:46PM (#17615924) Homepage

    The article says:

    Meredith said in court filings that he spent hundreds of hours off duty working on it, developing it almost entirely on his own time. He noted that he never signed a software licensing agreement.

    However, it goes on to state:

    In 2003, the state sent Meredith to Iowa to get trained on the Iowa Department of Transportation's Traffic and Criminal Software, or TraCS. Iowa gave Wisconsin the software for free on the condition that Wisconsin not develop the application for commercial purposes, said Kernats. At the request of his superiors, Meredith tweaked the program so that it would work in Wisconsin and created a way to import driver information and criminal histories into it. The software that imports data saves time and prevents errors, said Jones, the union president.

    If he did indeed base his work off another piece of software (that was given to him on the condition that he not sell it commercially), then I don't think he really has a leg to stand on.

  • by Wee ( 17189 ) on Monday January 15, 2007 @01:50PM (#17616002)
    The troubling part is that they're using a program which is inherently unmaintainable. Without the source, or a vendor, they can't really rely on anything. They can't fix bugs, get improvements, etc. I realize that the cop wants to become a vendor, but that's not quite the same thing. What if it's found that his program issues tickets to the wrong person in some cases? Who's liable? Sounds like he wants to be. Is he bonded or insured?

    The police force should have never accepted the program without accompanying source code, or (worst case) some sort of license.

    -B

  • by RightSaidFred99 ( 874576 ) on Monday January 15, 2007 @01:52PM (#17616020)
    Why is this even a controversy? The minute they provided him with any resource to work on it (work time, computer, etc...) it became theirs. This is not open to discussion.

    In fact, in most cases if the work is any any way related to his work domain it's theirs even if they _didn't_ provide any resources, or at least they have a strong case to argue this.

    He's wasting his time and the court's time, he can't win.

  • by Baricom ( 763970 ) on Monday January 15, 2007 @01:56PM (#17616100)
    It's not that simple. Copyright law says a work-for-hire is "a work prepared by an employee within the scope of his or her employment." Court cases have determined that an employee that gets time off from other duties, and is provided work space and IT resources by the employer, can be commissioning a work-for-hire, whether a formal agreement exists or not.
  • Re:Resources (Score:4, Insightful)

    by Tanuki64 ( 989726 ) on Monday January 15, 2007 @02:01PM (#17616172)
    If this works, I hope you did not get your knowledge and education on a public school. Everything you create would automatically belong to the state.
  • by truthsearch ( 249536 ) on Monday January 15, 2007 @02:02PM (#17616190) Homepage Journal
    No, make sure you write the code on your own computer and completely on your own time if you want to own it without a formal agreement.
  • by truthsearch ( 249536 ) on Monday January 15, 2007 @02:06PM (#17616230) Homepage Journal
    Corporations make you sign those agreements just to make sure they're covered. It's legally pretty clear that code you write on work time and on work computers is owned by your employer. These extra agreements cover edge cases and make sure no legal battle can even begin.

    Not having a signed agreement does not make the code his. He was given time from work to write it and used his employer's computer. Therefore the code might be theirs.
  • by Jah-Wren Ryel ( 80510 ) on Monday January 15, 2007 @02:08PM (#17616276)
    Unless his employment contract specifies that his employer owns any work product he produces while on company time and/or resources, then he owns it, not the employer. It comes down to a simple question - was source code a "work for hire" or not. If the contract does not spell it out as a "work for hire" then it defaults to not and he owns it, even if he developed it 100% on company and using 100% company resources.

    However, if his employment contract does contain a work for hire clause, then he screwed himself by giving them all that free overtime developing it at home.

    Such work for hire clauses are standard in the computer industry. I bet there is a good chance they are not standard in the LE industry since they typically don't produce any copyrightable works.
  • by paladinwannabe2 ( 889776 ) on Monday January 15, 2007 @02:11PM (#17616314)
    It looks like the base program comes from Iowa, which gave the program to Wisconsin under the condition that it not be sold commercially. Thus, the trooper cannot sell this program anymore than Microsoft could sell Red Hat Linux without releasing the source code for free. The trooper quite possibly has copyrights to the changes he made, but if so he can only sell the changes he made to someone who already has Iowa's program.

    A fair solution would be the officer gives the rights to his employer, and his employer gives him a nice bonus for overtime work ($10,000-$20,000, depending on the amount of time he spent and the quality of the changes he made). If I were him I'd try to settle out of court.
  • by h2g2bob ( 948006 ) on Monday January 15, 2007 @02:12PM (#17616334) Homepage
    Paraphrasing the FSF's recommendations:
    * Write a little bit
    * Go to your boss and say "I'll write the rest if you allow it to be Free Software"
    * Get that in writing
    * Be prepared to say "good luck getting someone else to finish the project" as you walk away
  • Re:Head Asplode... (Score:5, Insightful)

    by TheRaven64 ( 641858 ) on Monday January 15, 2007 @02:26PM (#17616536) Journal

    Especially since his source code makes ticketing more efficient. Which is bad for the rest of us.
    I never understand the view that good enforcement of a law is a bad thing. Either the law is just, in which case enforcement can not be bad, or the law is unjust, in which case good enforcement will highlight this to a significant proportion of the electorate, ensuring that it is fixed sooner.
  • by nomadic ( 141991 ) <nomadicworldNO@SPAMgmail.com> on Monday January 15, 2007 @02:33PM (#17616634) Homepage
    Sure...if you want to provide free software. In this case it seems obvious he wants the proprietary source code to be his to sell.
  • by Jah-Wren Ryel ( 80510 ) on Monday January 15, 2007 @02:48PM (#17616832)
    However, the software is designed to handle policework, which is his business.

    Do cops build their own service pistols?
    Do cops build their own patrol cars?
    Do cops build their own holding cells?

    Building software for policework is no more in the normal scope of employment than the building of any of those others.
  • by NetSettler ( 460623 ) * <kent-slashdot@nhplace.com> on Monday January 15, 2007 @02:54PM (#17616892) Homepage Journal

    Gee, I wonder which side /. will take...

    I expect the GPL-supporters to take the cop's side. GPL supporters are big on copyright, since copyright is the only thing that gives them any leverage to ask a business to align with them politically in order to use the software they indulge themselves in the illusion of offering "freely". If not for copyright, such "freely" given software would be possible to use freely. The same is true in the case of the cop. So, actually, I see quite a bit of suspense: I don't expect the entire community to own up to that.

    Some contracts permit private development of stuff and some states enforce the right to do that notwithstanding contractual agreements, but in both cases (contract and state law) where I've seen it, it usually only applies to things done (a) on your own time, (b) using your own facilities, and (c) not directly related to your employment. Otherwise, it risks being a conflict of interest.

    I'm not a lawyer, but the common sense of this seems obvious: It's wise to get an admission/agreement in some form from your employer before engaging in any activity that like this. I've had employers who have said "go ahead" and one employer who said "no way, anything you do whatsoever we'll own". In the latter case, the employer who said no didn't end up owning the thing because I didn't end up doing it, of course.

    Some people like having a work-supplied PC, but anyone doing this kind of thing should avoid such things. Any hint that the employer contributed to the development sounds like a red flag to me, and that's what it sounds like happened in this article. If you do have a work-supplied computer, using it only for work, and using your own computer for other things seems the wise way to go.

    Personally, I think the issue of the "expertise" he acquired by being a cop is not or should not be an issue. We all have knowledge, and knowledge/facts are explicitly exempted from copyright ownership, so the state cannot claim to own it, nor that he improperly used it elsewhere. Absent patenting (which let's all hope doesn't get involved), the only issue that seems material to me here is the code itself and how it was developed.

    This particular case sounds messy from the point of view of establishing any kind of precedent. It sounds like an issue of people's personal privacy/property, but if he used facilities supplied by work, that makes it mixed as to principle. I feel bad for the guy, but it sounds like he's made some mistakes.

    If I were sorting this out, I'd suggest that the State has no case for taking his software (sounds like a fourth amendment violation) unless he's compounded his set of mistakes by deploying it on machines accessible to them (which would complicate things even more), nor does he probably have a right to market it without their permission if they contributed financially (through use of material facilities). By adopting this posture, both parties have a reason to compromise. Probably the state should pay him some fee or royalty to get past this, if there's a benefit to them to doing so. If an appropriate price point is struck, both will agree, and things will move ahead.

  • by Anonymous Coward on Monday January 15, 2007 @02:55PM (#17616910)
    This is frequently the case with government systems, especially at the state and local level where they can usually scrap together the cash in one years budget to purchase a system, but can rarely afford the ongoing expense of maintenance as subsequent budget cuts roll through.

    Lots of little binary orphans screaming for mommy at the county courthouse ;-)

    If you ever want to make a business out of selling software to the government, get the money upfront and don't count on license and maintenance fees to support your growth.

  • Re:Head Asplode... (Score:5, Insightful)

    by Kazzahdrane ( 882423 ) on Monday January 15, 2007 @03:01PM (#17616982)
    I see/hear a lot of that here in the UK. People are always complaining that the government make too much money from speeding fines and want them to cut the number of speeding cameras on the UK's roads. However, these people never seem to accept that if they just didn't break the law they'd have no fines to worry about. It's pathetic - not only do they feel no shame in breaking a law that is there for the public safety, they feel it is their unwritten right to break it and not be punished.

    You never hear any of them suggesting the government do a study or a trial to see if our speed limits could safely be higher.
  • by Anonymous Coward on Monday January 15, 2007 @03:04PM (#17617014)
    Insured for what my good fellow? The worst scenario is the person goes to court, fights the ticket, and wins.

    Whoopdey doo.
  • Re:Resources (Score:5, Insightful)

    by caseydk ( 203763 ) on Monday January 15, 2007 @03:07PM (#17617054) Homepage Journal
    Oh man, this is *yet another* example of why you should keep your "hobbies" distinct from your job. If he had turned around and sold copies of it to other stations, not a problem, but once he deployed a single version at work, he opened up a world of pain for himself.

    In addition, even if he got permission from his supervisors to develop whatever, whenever and he would have right to it, doesn't mean this is the case. It is unlikely that his supervisors have authorization to give this permission and/or to make capital purchases. Those decisions would have been made at a higher level.
  • by Mr Pippin ( 659094 ) on Monday January 15, 2007 @03:17PM (#17617176)
    Getting away from the basic premise of this discussion, but for a large part of "traffic" laws, yes.

    One of the best discussions presented on the subject of law is Frederick Bastiat's "The Law"

    His book is presented primarily in the form of Natural Law, which is the fundemental principles our country was founded upon. One of my favorite statements from this book follows:

    ... the purpose of the law is to cause justice to reign, is not a rigorously accurate statement. It ought to be stated that the purpose of the law is to prevent injustice from reigning. In fact, it is injustice, instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent.

    Depending on where you stand on the above, you can either believe the majority of traffic laws "prevent injustice" or not. Personally, I side against most of them.
  • by Matimus ( 598096 ) <mccredie@gmaiEEEl.com minus threevowels> on Monday January 15, 2007 @03:39PM (#17617438)
    That is a very idealistic view of terms like Law and Justice. And, while I agree with your statements, I don't think that kind of rhetoric is helpful. Maybe traffic laws don't reduce injustice but they do serve an important purpose. They also need to be enforced, otherwise they are meaningless. Maybe law is the wrong term for what is really a rule in what could be defined as traffic protocol. You agree to following this protocol in exchange for the privilege of using a vehicle on public roads. A new institution could be setup for enforcing traffic protocol, which is completely separate from the police or any notion of justice. Would that really be any better?
  • Re:Head Asplode... (Score:2, Insightful)

    by Glonoinha ( 587375 ) on Monday January 15, 2007 @03:50PM (#17617622) Journal
    What if the government made 'Posting to Slashdot under the alias Kazzahdrane' illegal tomorrow, justified as necessary for the public safety after doing significant studies, punishable by increasing your income tax rate to 90% of your gross and then another 35% of your net, forever?
    And they neglected to tell you that it was against the law, with the understanding that not knowing the law isn't a defense vs breaking the law?

    With little more than a signature, the government has turned someone who never intended to be a criminal or lawbreaker - into just that, a criminal. Would you feel no shame breaking that law? Or would you feel it your unwritten write to break it and not be punished?

    Sitting in a vehicle on an empty stretch of road, moving XXkph when the sign says YYkph isn't a sin, and it isn't a crime against nature or anything like that. It is a crime because of the above scenario, with the details changed, an increase in scope and a change of punishment. Moving a safe speed (but not the 'correct' speed) on a road makes you a criminal 'because I said so' (said by the same government.)
  • Re:Head Asplode... (Score:1, Insightful)

    by Anonymous Coward on Monday January 15, 2007 @03:53PM (#17617676)
    I never understand the view that good enforcement of a law is a bad thing. Either the law is just, in which case enforcement can not be bad, or the law is unjust, in which case good enforcement will highlight this to a significant proportion of the electorate, ensuring that it is fixed sooner.

    Look at what you wrote, and note that you always put "good" in front of "enforcement". The problem is that law enforcement
    is a completely subjective thing, and in reality there tends to be about as much bad enforcement as there is good enforcement.
    This is because police officers are human beings, just like you and me. They get irritated and they have bad days, just
    like you and me. When I have a bad day, I may say bad things to others that I later regret, but when a police officer has
    a bad day, they may do things to people that the the person being done unto will be affected by for much longer.

    Enforcement of just laws can be very bad.
  • Re:Head Asplode... (Score:4, Insightful)

    by PitaBred ( 632671 ) <slashdot@pitabre ... g ['.dy' in gap]> on Monday January 15, 2007 @03:55PM (#17617720) Homepage
    So what happens when the state sets the speed limit of a road that is safely driven at 55MPH to 45MPH? People still drive faster because that's what the road is built for and their habits are, there's no safety issue, but all of a sudden people are inconvenienced and the state fills it's coffers off of a change that had no reason to be made. That's why people get upset at things like that.
  • by Anonymous Coward on Monday January 15, 2007 @04:01PM (#17617798)
    If that's a true representation of the FSF's recommendations (I know it was a paraphrase), then they are really not thinking that one through. Those of us that work for large companies could tell you that there is no way that our boss could make that decision. It would be either:

    * Boss hits the floor laughing, knowing how many layers of management it would have to get through just to get a note back asking what "Free Software" is.
    * Boss knows how long it would take to get approval so tells you that it is now your assignment to go finish the code and of course it isn't Free Software.
    * Boss says, thanks I will just finish it myself - and he probably could do that faster than he could get an approval. Even if he had to learn to code first.

    Of course this is different if you work for even a large company that actually does things with / for the Free Software community. For example if you are at IBM or Red Hat or something this could work. But a regular old non-tech company? Good luck with that...
  • Studies... (Score:3, Insightful)

    by coats ( 1068 ) on Monday January 15, 2007 @04:28PM (#17618218) Homepage
    Studies indicate that the traffic cameras in fact make the roads more dangerous.

    It is in fact well established in the civil engineering literature how to set speed limits so as to make the roads as safe as possible. However, it is also clear that speed limit setting is a matter of politics, not engineering.

    I think it should be actionable for speed limits to be set this way (i.e., I think politicians should be liable in court for putting politics above engineering in matters of public safety. "Sovreign immunity" -- the doctrine that politicians have no legal responsibility for their actions -- is a vicious and pernicious doctrine.

  • by Anonymous Coward on Monday January 15, 2007 @05:06PM (#17618842)
    This issue comes up a lot in the area where I live (Westchester County, NY). You get two opposing viewpoints: safety vs. usability. From a political viewpoint, safety must always win. Even if it is only perceived. Thus we get lower and lower speed limits, stop signs and traffic lights at more and more intersections. The results are predictable: massive traffic jams, terrible traffic patterns, road rage, increasing accident rate. MORE ACCIDENTS?!? LOWER THE SPEED LIMITS IMMEDIATELY!! You want to see what happens when everyone drives 15 MPH? There are areas in Florida like that and you wouldn't want to live there.

    There is no substitute for competent driving. Pass a single, very simple test and you can drive until you die of old age. No recurrent testing, no serious testing, no feedback. Add to this completely ridiculous enforcement priorities. The police are their own worst PR nightmare. I, like most drivers, have many stories but the point is that poor driving is frequently accepted by and thus partly the blame of the police. I am not just talking about speed. Going 20 MPH too fast on a straight freeway is NOT the same as going 20 MPH over the limit on a local road with kids everywhere, or jumping from lane to lane without signalling and cutting others off, or cutting across three lanes of traffic to make a turn. But what do the police concentrate on? Speed traps! (could revenue have anything to do with it?) Frankly, I am amazed there aren't more wrecks, and 99% of the time speeed has NOTHING to do with it.

    Like it or not, speed is a scapegoat and the traps are really just a stealth tax.

  • Re:Resources (Score:2, Insightful)

    by Anonymous Coward on Monday January 15, 2007 @05:07PM (#17618850)
    It is so obnoxious when someone says something "went bye-bye."

    That may be your perception of it, but what about the feelings of the person who is forced to say it to you to make you understand what they are saying? By your own thickheadedness you force them to speak to you as if you were a child in order that their point is understood. How obnoxious must you have been yourself in order to force them to take undertake such a step?

    If someone tells you that something "went bye bye" they are trying to communicate to you in the most simple terms possible (so that your tiny, little, undeveloped mind will comprehend) that Elvis has left the building, he's jumped the shark, he's pinin' for the fjords, he's kicked the bucket, pushin' up daisies, etc., etc. in spite of your refusal to accept what is plain and obvious to anyone with the slightest lick of sense.
  • by BryanL ( 93656 ) <lowtherbfNO@SPAMgmail.com> on Monday January 15, 2007 @05:10PM (#17618878)
    So if MS (or another company) developed the software, would the police station have the source code or would MS be liable for any bugs in the sofware?
  • Re:Head Asplode... (Score:1, Insightful)

    by Anonymous Coward on Monday January 15, 2007 @05:23PM (#17619054)
    Actually most of the people here are saying listen to the engineers, the guys who get paid to design roads as safe as possible. Listen to the government studies that agree with them and are where they get a large amount of their facts from. The safest possible known speed for roads is considered to be the 85th percentile. In otherwords, no you don't have to let 'every mouth-breather' determine their own speed limit. Wow, thanks for the flamebait.
  • Re:Federal Law (Score:3, Insightful)

    by Mysticalfruit ( 533341 ) on Monday January 15, 2007 @07:19PM (#17620890) Homepage Journal
    It sounds to me like this:

    His employer gave him time and equipment to create a ticket writing system... However because he was passionate about his work (like many of you may be) he took his work home and continued to work on it on off hours to meet his deadlines.

    There was his mistake. He should have left his work at work and instead went home and worked on a seperate problem that they needed to solve. Then he could have gone in and said "Hey, see how great this ticket system is I built you on your time... check out this tool I wrote on my own time... would you like to buy it for 10K?"

    Who is to say they wouldn't try to claim he wrote the second program on work time as well and try to just take control of it, but at least he'd have a leg to stand on.

    I guess we should all learn lesson from this. He should have gone to a lawyer and had them draw up a contract that said that he was going to develop a system for writing tickets and that he'd be supplying this system to the state police department free of charge as an even pro bono exchange for being given time and and resources to work on it, but that once the system was functional he'd keep control of it and be capable of selling it commerically.

    Worse case, they'd just say no in which case they'd probably have to go out and bid on a system and he'd be able to then resubmit the contract with a bid that's cheaper than everybody elses.
  • Re:Resources (Score:3, Insightful)

    by oohshiny ( 998054 ) on Monday January 15, 2007 @10:32PM (#17623212)
    You're not an employee of a public school, you're a customer. When you're an employee of an organization, the organization generally owns what you create if it's related to your work; when you're a customer, they don't.
  • by mollymoo ( 202721 ) on Tuesday January 16, 2007 @01:50AM (#17624980) Journal
    Try this: where the 35mph sign is there's a 3-year-old who escaped from his mother in the road. If you couldn't have stopped let alone slowed to 35mph you were going too fast.
  • by fantomas ( 94850 ) on Tuesday January 16, 2007 @07:05AM (#17626702)
    Sure speed limits are political (politics root = state, or city) rather than engineering.

    On engineering terms it would be fine for some roads in the middle of towns to be set at 100mph because many cars are engineered well enough to keep on those roads and turn off those roads under control going up to that speed.

    But people aren't machines. Small children will run after their ball into the road, and 100mph cars and small children don't mix. So despite what the cars and roads are technically capable of, people aren't capable of reaching such engineering standards.

    Speed limits out of town - well same issue - you as a healthy fit highly trained driver in your brand new Porsche might be able to do 150mph down a desert road but a little old guy in his old car might completely freak out if you drive at that speed right up to him. He might make a mistake because he is stressed by your high speed driving - pull in front of you, slam the brakes on, drive off the road etc. So a road accident might happen even though you are confident in your capacity.

    Of course speed limits are about people, and not engineering. Speed limits are about making the road safe for the weakest and most vulnerable of legitimate road users, not about the strongest and most able. Machinery has surpassed our capacities a long time ago.

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