
Ask HN: Re-coding software from old job? - throwawayyaway
I am considering coding <i></i>from scratch<i></i> some of the projects I had done while at my old job and release them as open-source as a way to build my portfolio. Any advice? There are some caveats:<p>1. I have an IP agreement that doesn&#x27;t state anything about reproducing the work.<p>2. None of the projects I consider coding again compete with the company&#x27;s services. I would only consider coding similar underlying infrastructure.<p>3. How close is too close? I am obviously allowed to continue practicing my craft.<p>4. In case you&#x27;re wondering, no, I don&#x27;t have any of the code. This would be all from experience and it wouldn&#x27;t be the same line for line. I.e. if this were a school project, I wouldn&#x27;t be plagiarizing myself.<p>5. Lastly, I don&#x27;t wish the company any harm, I am simply trying to build a portfolio.
======
bdcravens
IANAL, but software is more than just lines of code. Contained in there are
business practices and logic that may be as protected as the code itself.

I wouldn't concern yourself much with having that code in an open portfolio.
Pretty much every developer has worked on projects they cannot share. If you
can competently express your role on the project, that should be sufficient.

------
cr0sh
If I were doing this, the first thing I would do is consult a lawyer, giving
them whatever contracts or other paperwork you signed with your old company,
along with (possibly - if you were allowed to keep them) your old employee
handbooks for that company.

That would allow you to have information to take the next step (or warn you
not to do anything at all!).

That next step would be - perhaps with the help of the lawyer - to draft a
letter to your old company outlining what you intended to do, why, your
boundaries, your intentions, etc. What would be dicey with this would be being
able to do it in such a way that doesn't cause your former employer to go into
"full lockdown" mode and sick their lawyers on you for whatever reason.
Depending on their size and the stakes, they could potentially sue you in a
SLAPP-like manner - not to win, mind you, but just to exhaust your resources
and will to proceed. After all, if you are wrapped up in a lawsuit, you are
not likely to be coding any of the projects...

If the company you worked for was small - then maybe the way to approach it
might be more informally - ask the owner or whatnot out to a beer or dinner,
and lay things out informally (no paperwork or nothing - just a friendly chat)
- and that could hash out or give you a feel as to how you can proceed more
formerly, if it's required (again - lawyer consultation will help on how to do
this).

Once you know things - especially if it were just an informal chat - make sure
you get any permission or whatever in writing; don't just go on a friendly
handshake.

Provided you have zero old code and zero old assets (graphics, sounds, data,
documents, etc) - and you make an effort to not go "full clone mode" \- then
you should be in the clear. Still, they could come back at you - it's not
something cut and dry.

Also - if you are employed elsewhere - make sure what you are doing isn't
going to infringe anything you signed at the new employer; again - use your
lawyer.

If this all seems way too much work, or too expensive, or whatever - then
STOP. Don't even go down that route, and build your portfolio another way,
with your own ideas and such. Because if you aren't willing to put in the due
diligence needed to protect yourself in this kind of a situation, you have no
business even trying - one minor (or major) mistake can really screw up your
life, and without the legal advice and framework and understanding, you may
not even know when you step into that morass.

