Open Source Resistance: keep OSS alive on company time

A new manifesto, authored by Mike McQuaid, calls for developers to dedicate company time to maintain open source software (OSS) that their employers rely on, challenging traditional permission-based practices and advocating for OSS work to be treated as infrastructure work.

The manifesto, published recently on Hacker News, states that OSS maintenance is already a part of the technical work companies depend on, and that maintainers should be empowered to work on these projects during paid hours without requiring managerial approval. It emphasizes that OSS is not a hobby but a core component of modern infrastructure, and that asking permission is an unnecessary power imbalance. The movement, called ‘The Open Source Resistance,’ encourages developers to take ownership of OSS maintenance as part of their job, while advising them to verify legal ownership and protect confidential information. McQuaid, a prominent open source maintainer and advocate, argues that companies benefit from OSS and that maintaining it during work hours is justified and necessary. The manifesto also highlights existing initiatives like Open Source Friday and the Open Source Pledge, framing this as a next step in evolving workplace practices around OSS.

Why It Matters

This movement could significantly impact how companies allocate resources for OSS, potentially leading to more sustainable and consistent maintenance of critical open source projects. It challenges traditional employer-employee boundaries regarding OSS work, which could influence employment policies, legal considerations, and the broader open source ecosystem. For individual developers, it offers a way to formalize and legitimize their OSS contributions within their paid work, reducing the reliance on unpaid nights and weekends. The shift may also foster a cultural change, emphasizing OSS as essential infrastructure rather than personal side projects.

Background

Over the past decade, open source software has become integral to most technology companies’ operations. Historically, OSS maintenance has often been done on personal time or through informal arrangements, leading to concerns about sustainability and recognition. Recent advocacy efforts, including initiatives like Open Source Friday and the Open Source Pledge, have sought to encourage companies to support OSS contributions financially or through dedicated time. McQuaid’s manifesto builds on this momentum, explicitly urging developers to treat OSS maintenance as part of their professional responsibilities without seeking permission, reflecting a broader debate about employer-employee roles in OSS.

“OSS maintenance is already part of the work companies depend on. We should just do it during work hours, no permission needed.”

— Mike McQuaid

“You don’t need to ask permission to go to the toilet, so why ask for OSS maintenance? It’s part of the job.”

— Mike McQuaid

What Remains Unclear

It is not yet clear how companies will respond to this movement or whether legal and contractual barriers will be addressed. The legal implications of working on OSS during paid hours without explicit employer approval remain uncertain, especially regarding intellectual property and employment contracts.

What’s Next

Developers and advocacy groups will likely test this approach in various workplaces, potentially prompting policy changes. Legal and HR departments may issue clarifications or restrictions. The movement aims to gain traction through social media, developer communities, and employer engagement, with ongoing discussions about formalizing OSS work as standard practice.

Key Questions

Is working on OSS during company hours legal?

This depends on employment contracts and local laws. Developers should verify ownership of OSS IP and consult legal advice if necessary.

Will employers support this movement?

Some companies already do, through initiatives like Open Source Friday. Others may resist or require formal policies. The movement aims to encourage more support.

Does this mean I can work on OSS without permission?

Ideally, yes, if it is part of your job and does not violate employment agreements. Developers should verify legal ownership and confidentiality considerations.

What are the legal risks involved?

Risks include potential claims over OSS IP or breach of employment contracts. Developers should review their agreements and possibly negotiate carve-outs for OSS work.