Open Source Resistance: keep OSS alive on company time

Developers are increasingly advocating for maintaining open source software during work hours without seeking explicit permission, asserting it is part of their professional responsibilities and infrastructure work.

The movement, known as the ‘Open Source Resistance,’ is rooted in a manifesto by Mike McQuaid, co-creator of Open Source Friday and GitHub Sponsors. It states that OSS maintenance is essential infrastructure that companies already benefit from and should be treated as such, without requiring managers’ approval.

According to the manifesto, developers should just proceed with necessary OSS work—reviewing pull requests, updating dependencies, fixing bugs—during their paid work time, provided they verify their employment contracts and IP rights. The movement emphasizes that this is not a new concept but a formal recognition of existing industry practices.

While some companies already support OSS work during business hours, many do not, leading to a push for broader acceptance and cultural change. The movement also encourages developers to protect their rights and ensure they own the open source IP they produce during work hours.

Why It Matters

This initiative could reshape how companies view open source contributions, potentially leading to increased maintenance of critical OSS projects and reducing reliance on unpaid volunteer efforts. It highlights a shift toward recognizing OSS work as part of professional duties, which could impact employment policies and developer rights.

For individual developers, adopting this approach can improve sustainability and reduce burnout, but it also raises questions about legal and contractual boundaries, especially regarding IP ownership and employment agreements.

Background

Historically, open source maintenance has often been done voluntarily outside of work hours, with some companies explicitly supporting OSS during paid time. Recent advocacy, including this manifesto, challenges the traditional notion that OSS work requires permission or is outside formal employment responsibilities. The movement aligns with broader discussions about labor rights, intellectual property, and the value of open source infrastructure for the internet and technology industry.

“Maintainers inside companies should and can just take work time for the necessary work on the OSS code those companies already depend on.”

— Mike McQuaid

“Nobody is entitled to your unpaid nights, weekends or family time because their business model depends on your code.”

— Mike McQuaid

What Remains Unclear

It remains unclear how widely this movement will be adopted across different industries and legal jurisdictions. Specific legal and contractual implications, especially regarding IP ownership and employment rights, are still being clarified and may vary by employer and region.

What’s Next

Next steps include increased advocacy within developer communities, potential policy shifts within companies, and legal clarifications regarding IP rights. Monitoring employer responses and legal developments will be key to understanding how this movement influences industry practices.

Key Questions

Is working on open source projects during work hours legally permitted?

It depends on your employment contract and local laws. Developers should review their agreements and consult legal advice if needed before acting.

Will companies support or oppose this movement?

Some companies already support OSS during paid hours, but many may resist. The movement aims to shift industry norms gradually.

How can developers protect their rights when working on OSS during work hours?

Developers should verify their IP ownership, negotiate clear agreements, and ensure they retain rights to their OSS contributions.

Could this lead to job loss or disciplinary action?

There is potential risk if employers view this as unauthorized work. Developers should understand their contracts and proceed cautiously.