* Posts by Rose Rivetts

2 posts • joined 14 Dec 2007

Sun accused of hardball open source project tactics

Rose Rivetts

If the OpenDS bylaws had said STEWARD or TRUSTEE & not OWNER, then Sun wouldn't have a claim...

If the Open Source Community wishes to ensure that commercial companies don't usurp their employees' positions as representatives on Open Source projects, then the community should NOT USE THE TERM OWNER IN THEIR BYLAWS when the people are in fact holding positions as STEWARD, TRUSTEE, GUARDIAN...take your pick.

If the OpenSource Communities don't want to play in a world that includes BUSINESS controlling the landscape...then the OpenSource project players should not voice or signaturely endorse the use of any BUSINESS TERMS or CONTEMPORARY BUSINESS LEGAL CONCEPTS that can end up in legal documents adversely affecting the project!

In fact, the word "King" comes to mind as a better choice than owner. How much power would Sun have if the OpenDS bylaws said: "The King is Steward over the Programmer Peoples. The King is Trustee over the properties created by the Peoples. The King reserves the right to give policy decision making authority to another Knight, then that Knight becomes King".

If the former Sun employee was merely Steward or Trustee, then Sun would not have any claim to Ownership. As it stands, Sun does in fact retain OWNERSHIP of any claims that an employee might have as OWNER if they obtained it on BUSINESS TIME in the COURSE OF BEING EMPLOYED WITHIN SUN'S BUSINESS...even if they are given to the employee by another organization. Any organization! Even the Queen of England!

If a Sun employee were visiting the Queen of England and she Knighted him and gave him a sword & coin-filled cash box for writing JAVA for JESTERS...the sword & cash belong to Sun.

If the Queen made the Knighted Sun employee STEWARD of the SWORD and TRUSTEE for the DISTRIBUTION of the ROYAL CASH Sun wouldn't have a leg to stand on.

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As far as the alledged threats, it depends on how it was presented. I'm betting that the managers said something like this to the employee:

"We request that you release any personal ownership claim you have on OpenDS & allow the transfer any held Owner position to an active employee of Sun as a matter of the Business Conduct Agreement you signed. I am telling you, that as your manager if you don't do this you would be insubordinate. One consequence of insubordination is that by law you can be terminated then for Corporate Misconduct. When you are terminated for misconduct, you by state law are not entitled to an Unemployment Claim. That is not Sun's run...that is state law. Also, depending on Sun's current policy at this time, you can lose your opportunity to elect COBRA Continuation of Health Care Benefits. You then have 63 days to obtain new coverage under an insurance policy. If you don't do this within 63 days, any medical preconditions that you might have can make you ineligible under some individual medical policies. In addition, a future employer's group policy may also exclude any coverage for preconditions subject to a waiting period."

What I've just shared with you, Mr/Ms. R. U. AlmostInsubordidate is a combination of Sun Separation Policy (offer of COBRA) and Federal Law (continuation & portability of insurance coverage under HIPAA-the Health Insurance Privacy & Accountability Act). My point is, it is not just all about Sun's rules. Laws apply here as well.

Therefore, I recommend that you not be insubordinate at this time. When you became a Sun employee you agreed to the Standard Business Conduct Guidelines. Sun retains ownership of any Ownership claim you might have as to OpenDS."

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Would the above be a threat? No....merely statements of fact. The facts just happen to be ~very harse realities.~ Could the manager's statements be misunderstood as a threat by someone on the defensive? Most certainly it could be perceived as a threat.

I'm told that when programmers & engineers sign on to Sun they sign a Business Conduct statement which states in the Sun "Standards of Business Conduct" that "Any work developed by Employees or Contractors within the scope of their employment with Sun belongs to Sun.

If the former employee thinks that the Business Conduct Guide only applies to the WORKs and doesn't apply to OWNERSHIP OF A BOARD POSITION....they are of course free to dispute that. But, they better make an effort to truly understand the other sides position with an open mind & a clear understand of the facts, policies, & applicable law. And most of all, understand that WORDS MATTER.

Sun's Rock chip waves goodbye to 2008 ship date

Rose Rivetts

actually Sun & Fujitsu jointly own final assembly plants in Scotland, US, & Japan

A tad wrong there chap!

AC, if you look at some Sun employee resumes on LinkedIn, you can put the whole picture together yourself. For convenience, here it is as a summary:

According to the Global Supply Chain Manager at Sun (who I'd guess has no reason to fib on his resume at http://www.linkedin.com/in/richardkenyon ) much of the Fujitsu & Sun server is farmed out to contract manufacturers. So you shouldn't have posted "Enterprise Servers....are all Fujitsu". Its not even a believable claim! Your statement implies Fuji makes the servers because Fuji is 100% vertically integrated. That is beyond belief and not even supported by Richard Kenyon's LinkedIn profile.

I did some more investigating then to get the real story.

On two other employee insider LinkedIn resumes, there is mention of jointly financed & owned final assembly factories in Scotland, US, & Japan. So your statement "are all Fujitsu" is refuted again.

I'm a forensic accountant and CPA, but I don't do global tax accounting. Therefore, I'm not sure how the tax accounting for the US & Japan works out. It hurts my brain to think about it. It also hurts my brain as to how they split costs & profits 50%-50% with the Yen & Dollar constantly changing. If the accounting has to be done on a quarter-to-quarter basis (at least in the US), that means that as the factories were built they had expenses to report in both countries. And to be fair to both parties, they would have to adjust for currencies quarter to quarter.

AC, why don't you find that out for us and then post here? Maybe you can redeem yourself even though your own view of yourself seems to be "Anonymous Coward" by your own hand. If you solve the accounting mystery for me, then you can get a "well done" gold star to attach to your Register UK posting as I will personally mail you one! I used to be a school marm and I think I still have some. If it doesn't stick well to the screen, you can use Scotch tape.

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Richard Kenyon's LinkedIn Summary:

An experienced people and engineering manager currently accountable for a team of 20, located in Europe and the USA, responsible for all supply chain execution aspects of New Product Introduction through to End of Life of Sun's High End Server Line, a multi billion dollar business. I currently specialise in the management, communication and analysis of information throughout the supply chain that is required to monitor in as near real time as possible this significant supply chain. I also specialise in relationships management, working with contract manufacturers and am also leading the execution team introducing Sun's latest flagship products in partnership with Fujitsu with Fujitsu, a industry unique competitive partnership. Current bugdetary control is $100m+ for delivery of material purchases into a multigeography outsourced supply chain.

I believe I have a unique career centric approach to employee management and development, that results in improved employee morale and a greater awareness on behalf of the employee to do what they need to do to succeed in their careers and meet the goals of the business. Projects are assigned to employees whose career goals are most closely aligned with the experience to be gained from working on the project. This sets the incentive amongst employess to pay careful attention to their own goals and objectives in a given year of employment to maximise their chances of working on projects that will help them achieve their stated career goals.

Richard Kenyon’s Specialties:

Supply Chain Management, High End Server Engineering, Information Analysis, Advanced Statistics, Significant Management Experience, Global Team Leadership, Joint Venture Relationships Management, Employee Career Development, Engineering Process Management, Product Reliability Management, Data Center Management, Software Engineering

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