I\'ve been working on some piece of software while being \"employed\" by company

Question

I've been working on some piece of software while being "employed" by company A. I now want to continue working on the same software while being employed by company B. Company B wants the software to become open-source to prevent any future legal issues between company A and them. I will consult company A's lawyer to make sure it's fine by them, but I suspect it will be alright as company A is actually a public university which looks favorably on industry connections.

However, I am concerned by potential competitors getting access to that code before we make its results public. Is it possible to make the software open-source without sharing it with anyone but company B (neither in binary nor source form), or do I have to publish the software the minute it is made open-source or shared with anyone?

If the answer depends on the specific open-source license used, please be kind and provide details about the differences.

Explanation / Answer

Which license do you plan to use ? Because the terms may vary. I will copy/paste an extract from the GPL faq I used in another question (relevant if you decide to use this license) :

Does the GPL require that source code of modified versions be posted to the public?

The GPL does not require you to release your modified version, or any part of it. You are free to make modifications and use them privately, without ever releasing them. This applies to organizations (including companies), too; an organization can make a modified version and use it internally without ever releasing it outside the organization.

But if you release the modified version to the public in some way, the GPL requires you to make the modified source code available to the program's users, under the GPL.

Thus, the GPL gives permission to release the modified program in certain ways, and not in other ways; but the decision of whether to release it is up to you.

If you choose the GPL, it means you just need to release the source code when you release the software.

But it is you who decides when to release your software.

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