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Ask HN: My company wants my side project. What can I do?

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Re: Ask HN: My company wants my side project. What can I do?

#191

Earlier quoted context omitted.

> In many (most) cases any IP you create does belong to them. Why do Americans consider themselves free?

Because they are free to choose to not work for a company that has such an IP clause in its employee contract. They are also free to negotiate a change to that clause.

Theoretically. Not everyone has the liberty to change jobs at will and be fine.

Re: Ask HN: My company wants my side project. What can I do?

#192
post #185

Surprised that no one has mentioned that you should first review the employment doc you signed. In many (most) cases any IP you create does belong to them. Getting a lawyer involved may just turn in to an expensive and antagonistic experience that winds up with you simply ending up....with them owning the IP. One thing to consider- spin off your side project and try to get your employer as your first customer or as t…

> In many (most) cases any IP you create does belong to them I've heard this many times before but what are the limits to this? Say you work at software company x and on the weekends at home you are coding a project completely unrelated to work, a dating app, a mobile game, whatever. How can any contract be all encompassing as to legally allow that?

It doesn't. IANAL but I'm pretty sure that no matter what the contract says an employer's claim on work that an employee does on her own time and with her own equipment and unrelated to the company's IP is not "obviously" something that will stand up in court. I don't know if there is relevant case law but this seems like the kind of claim that is likely to be invalidated in court.

Of course at least one and possibly more of those three things are not true for the OP, so that may be a different situation.

Re: Ask HN: My company wants my side project. What can I do?

#193
Like others have said: talk to a lawyer, find out your options, given your current contract (don't talk to your employer or make any decisions before fully understanding your rights and duties). One complementary advice: think that in the next 5 years you're likely to receive better offers than you currently have. How will your decision now influence your career plans later on? Try to imagine how it will be like to be yourself in future. Your future self will appreciate that you gave him serious consideration.

Re: Ask HN: My company wants my side project. What can I do?

#194
post #185

Earlier quoted context omitted.

> In many (most) cases any IP you create does belong to them I've heard this many times before but what are the limits to this? Say you work at software company x and on the weekends at home you are coding a project completely unrelated to work, a dating app, a mobile game, whatever. How can any contract be all encompassing as to legally allow that?

Such clauses would get immediately thrown out.

even if it's explicitly stated in the contract and the employee has agreed to it? Why would it get thrown out?

Re: Ask HN: My company wants my side project. What can I do?

#197
post #6

Whether or not your employer can claim ownership in court depends entirely on your contract. But no matter what's in your contact, that route is probably not your best option. From what I understand, you created, in your own time, a project that is valuable to your employer, and that they want to use and develop. You're the expert on this project. Not just that, you designed every aspect of it, popularised it, and yo…

Wrong about contracts. What matters is law and precedent. Contracts may be entirely unenforceable.

Seek legal advice from professionals.

Re: Ask HN: My company wants my side project. What can I do?

#198

Earlier quoted context omitted.

If you have a medical problem, you go to a doctor. If you have a legal problem, you go to a lawyer. If you can't afford a lawyer you might as well roll over right now because that will be the end game. The idea that some advice given in an online forum would reduce the need for finding a lawyer is akin to taking medical advice from a forum. You have no idea what the qualifications/experience/jurisdictions are of the…

In the US maybe. In the UK, most of my lawyer friends would tell you that lawyering up is the last course of action you want to take, as it tends to make issues more complicated, expensive and combative, though you might want to be careful what you admit / agree to. My wifes a solicitor. :)

Lawyering up is different than having a lawyer explain what the law says to you.

Re: Ask HN: My company wants my side project. What can I do?

#200
Send this letter to your manager and your manager's manager.

[Manager Names]

My time at [Company Name] has been a great experience. It has been a pleasure working with you. As you may know I created [ Open source project ] on [Date] and have enjoyed growing the product and user base. Building and supporting successful products is something I enjoy and will be looking for opportunities to do that outside of my current role. [Day 2 weeks from now] will be my last day at [Company]

Best of Luck

Then you can negotiate from a place of power. Don't say anything about your plans other than that you are going to pursue other opportunities. At a minimum they will make you a counter offer, something like 10% pay increase and a new title of "Product Director". It is up to you if you want to negotiate something different like back pay or if you want to try to create a new product from scratch on your own or if you want to find another job.

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