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Ask HN: Selling software to company I work for as an employee

news.ycombinator.com

21–30 of 59 posts

Re: Ask HN: Selling software to company I work for as an employee

#21
Quick suggestion: maybe contact the vendor company and offer to create a frontend for them instead as a contract thing?

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I've gone through the exact scenarion in your question though, this is roughly the path I took (Estonia & EU, YMMV in other jurisdictions):

- start by going over your contract - is this overall even allowed? Some companies capture all IP you create 24/7, in this case you'll need to get the contract changed or get an exception

- even if your contract allows doing other work (creating separate IP) outside of company time, still ask for written permission from your manager and possibly a skip level or two. I got a written email from my VP of eng and CTO before proceeding.

- you will probably need to _completely_ separate your own work from the company work. This means using your personal laptop, never working on this during work hours, etc. Separating this sometimes can be hard, especially if you get something like a bug report from your employer - you can't work with it until you're off the clock.

- I also completely cut myself off from the purchasing decision - I let them know I was working on a project, gave them a landing page and let the purchasing team do a decision completely on their own

- if you hope to build a business out of this it's best to be upfront about it, e.g. by telling your manager that you might leave to focus on the business full-time if it takes off

All of this assumes you're on good terms with your employer overall.

Re: Ask HN: Selling software to company I work for as an employee

#22
> I don't want to do anything for free

I don't follow. That's your employer, no? Do they pay you a salary? So you are not working for free. Sounds like this kind of thing is part of your job. Maybe another dept. but it should be possible to work in another dept, part of the time. Talk to your manager, perhaps a manager in the other dept and if it makes sense for the business then this should work out.

If you want to do this on your weekends and then sell it, that doesn't sound healthy.

Re: Ask HN: Selling software to company I work for as an employee

#24
Is there a market for it beyond your employer? Ownership issues aside, if you're creating software for just one potential customer who hasn't even solicited you to create it, you're running a very high risk that they won't purchase it, even if it does fulfill a need they have. At least if there are other potential customers, you have a better chance of your time not being completely wasted.

Re: Ask HN: Selling software to company I work for as an employee

#25
I would not do it on the sly.

Unless the company bosses are behind this idea you will need to overcome both legal problems and selling problems. For example, instead of buying your product the execs could fire you and hire someone else to do this internally. I see only three ways you might wing it:

1. Talk to your execs (ideally, the CEO) directly and sell this. On failure, be prepared to work on this internally. If so, ask for more money/promotion, which may not work but will not hurt either.

2. Call the other company and offer to improve their product for more money/promotion.

3. Get a techie friend to front for you: he approaches your company, you do the work, he shares the money. That's really grey area (being charitable). My 2c.

Re: Ask HN: Selling software to company I work for as an employee

#26
You need to speak to someone / your manager that you can trust.

Sometimes simply asking this question is a red flag because you are suppose to develop for the company. They could give you three months time and have your current workload to somebody else while you deliver.

The thing to ask isn't how you can sell a frontend to your own company. It is how you could use this knowledge to show your skills and get a promotion, bonus, network or whatever you want to your advantage. That is why talking to your manager is important, assuming you trust your manager.

Re: Ask HN: Selling software to company I work for as an employee

#29
It's a shitty situation, and it seems unlikely that you will have a good path to monetize your work - and approaching it wrong can cost you your job.

If it's something that's specific to your company and there is no market outside it, you have one customer that at the same time has strong leverage over you due to your current employment.

If it's something that could be generally useful, you likely still don't have a market: if your product ever became popular, the big-name company selling the original software could add it as a feature or paid extension and would have a huge marketing advantage over you.

The company you currently work for will likely not be willing to pay much for your work, and might take offense and fire you if you try to negotiate too hard. They could also decide that your new job is writing this thing...

You could try to leverage it for a bonus or promotion or something like that. That's unlikely to capture a significant amount of the value you provide, but so are the other options.

If you think the idea in https://news.ycombinator.com/item?id=44080196 will fly, you could try that. I think it's unlikely to fly but it's the option that likely pays out best if it does fly, and if you approach it carefully ("this is outside the scope of my role and my department, but I could do it in my free time"), you might be able to pull it off with limited risk.

You also need to understand how decision processes work at your company and optimize your proposal for it. If it's more work to get legal to approve the contract with you than to get approval to pay 10x as much to the original vendor to add something half as good as a feature, the vendor gets the job.

Re: Ask HN: Selling software to company I work for as an employee

#30
post #17

Earlier quoted context omitted.

You're wrong. In the UK, if you develop it in your free time it's yours, as long as you don't use company equipment. However! It can be a clause in your contract to say sompany owns IP developed in free time, and is enforceable. Sometime there's often an extra clause saying unless an exemption is approved by the board (I assume to stop hirers informally saying 'oh don't worry about that', being legally valid). I have…

IMO virtually all tech companies have such clauses that IP employees develop belongs to the company. For example to prevent employees from using their knowledge to build a competitor and and steal clients or similar products at half price. My 2c.

I think non-compete clauses and existing company IP are what prevent employees from doing this, not the “anything you do in your free time is our IP” clauses
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