I agree, it would depend on the original terms. I couldn't commit my
current project to google code and then claim I have exclusivity /
change the licensing terms. If it was developed in house with no
express permission to open source it, then the dev has broken your
original terms and had no right to put it on google code (the
inpliction being, no right to change to license / open source it).
Just my opinion and you'd need to confirm the standard "ownership"
clause in the contract (typically, my contracts say that even software
I develop outside work still belongs to my employer unless agreed
otherwise!).

On Jun 23, 7:09 am, tueidj <[email protected]> wrote:
> I don't believe that's true, unless using google code somehow revokes
> the original author's copyright. Otherwise the author is free to do
> almost whatever they want with the software they created, including
> selling it (or future versions thereof) for commercial use. What they
> can't do is forbid people to use the code as it was when published
> under an open source licence.
>
> On Jun 23, 9:37 am, Danny Ricci <[email protected]> wrote:
>
>
>
> > If he wrote the code and it has touched google code repository, then that
> > code and future code expanding on it immediately becomes "free-of-charge"
> > code, unless proven otherwise.
>
> > On Wed, Jun 22, 2011 at 3:47 PM, Fabrizio Giudici <
>
> > [email protected]> wrote:
> > > On 06/22/2011 08:27 PM, Chris DiBona wrote:
>
> > >> Actually,
>
> > >> We don't know what project it is so we dont' know if if it violating the
> > >> site terms.
> > >> We know that there is a contractor/contractee problem. Until I see a dmca
> > >> or court order, I won't pull a valid project for that.
>
> > >> So there is not really any point to this until we know more.
>
> > > But as far as I understand Charles John just asked for clarifications, not
> > > to pull the project. Perhaps he is not acquainted with FLOSS licensing and
> > > related stuff. So I'd say he to check out the FLOSS license of the project
> > > and then learn more about that (the references to learn more about a 
> > > license
> > > are usually included in the license itself: for instance, GPL/LGPL refer 
> > > to
> > > the GNU Software Foundation, ASF refers to the Apache Software Foundation,
> > > etc...).
>
> > > --
> > > Fabrizio Giudici - Java Architect, Project Manager
> > > Tidalwave s.a.s. - "We make Java work. Everywhere."
> > > java.net/blog/fabriziogiudici -www.tidalwave.it/people
> > > [email protected]
>
> > > --
> > > You received this message because you are subscribed to the Google Groups
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> > > To post to this group, send email to google-code-hosting@**
> > > googlegroups.com <[email protected]>.
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> > > .
>
> > --
> > Thanks;
>
> > Daniel Ricci
> > ________________________________________________________________
> > unsigned int i = 5; //determined
> > unsigned int x = (++i)+((i++) + i)+(++i); //confused
> > cout << x << endl; //happy
> > <http://iosoft.ca>

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