91–100 of 411 posts
You ALL need to read California Labor Code 2870! Surprised nobody has mentioned the most essential thing to know about regarding this stuff in California. The site is down at the moment, but the link is: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr... CA 2870 is attached to any such agreement you sign in California, and protects independent invention. You should read it. This law forms the legal basis…
> Not related to your employer’s line of work. Um, wait. What’s the definition of related? [...] I don’t know. It’s a big enough ambiguity that you could drive a truck through it. No, it's not that ambiguous at all. The courts rarely side with the company, and only in cases where it's quite obvious the work was directly related. If your side project isn't directly related to the work you are doing, then you don't nee…
Companies like Google, Amazon, and Microsoft have arms for hardware design, video game development, web development, close-to-the-metal graphical programming, embedded systems, retail...that's not just big enough to drive a truck through, it's big enough for that platform they truck space shuttles around on!
You can say that those companies are unlikely to realistically claim ownership of anything that YOU didn't work closely with, but I can say from experience that these companies have explicit company-wide policies regarding some of those areas, with stricter mandatory reporting guidelines, and even requirements to use that company's technology, separate from their ordinary side project/open source contribution/etc. policies.
So I wholeheartedly agree with your second point - what you do off the clock is none of your employer's business, full stop. Just don't use company equipment for it.
I haven't heard about many disputed cases. I'd hope that if Google went around suing for possession of unrelated side projects, we'd hear about it. Maybe the possibility of being publicly shamed is a deterrent from pursing ownership.
A company I worked for (property appraisal company) got acquired by another company. They forced one of the higher up developers out. 6 months later that developer wrote an app dealing with lines at Disney and was making money on ad revenue. The company came after him claiming they owned it because he used skills and knowledge he gained while employed to write that app. We had a "everything you do at any time belongs…
This is a good article, but the "let them eat cake"-iness of the last paragraph is pretty chilling. > the only way to gain independence is to be independent. Being an employee of a high tech company whose product is intellectual means that you have decided that you want to sell your intellectual output, and maybe that’s OK, and maybe it’s not, but it’s a free choice. I was hoping for a closing argument about how thou…
Be a little careful, because I think you're reading a Stack Overflow question recast as a blog post (Spolsky just moved his blog from CityDesk --- can you believe he was still using CityDesk? --- to WordPress, and so I guess we'll be seeing some more stuff like this on it). People are less careful capturing all angles of an issue on forums than they are in blog posts. I assume Stack Overflow is just like most big sof…
Joel doesn't often miss things, but with respect I think he missed something here. If you, the employee, are working for an employer you respect, and vice versa, YOU CAN HAVE A CONVERSATION! If your day job is, say, maintaining high-capacity forum software in dotnet, and you have this hankering to develop, say, a WordPress plugin to show the time of sunrise, you can talk about it. If you respect your boss and she res…
Joel doesn't often miss things, but with respect I think he missed something here. If you, the employee, are working for an employer you respect, and vice versa, YOU CAN HAVE A CONVERSATION! If your day job is, say, maintaining high-capacity forum software in dotnet, and you have this hankering to develop, say, a WordPress plugin to show the time of sunrise, you can talk about it. If you respect your boss and she res…
Earlier quoted context omitted.
A company I worked for (property appraisal company) got acquired by another company. They forced one of the higher up developers out. 6 months later that developer wrote an app dealing with lines at Disney and was making money on ad revenue. The company came after him claiming they owned it because he used skills and knowledge he gained while employed to write that app. We had a "everything you do at any time belongs…
Were they successful? I can't imagine any judge agreeing that, since you left a company, you can no longer make a living.
I mentioned I was helping a friend on a short film. I was just showing up on set and possibly doing technical stuff on editing and mixing. I asked, "It's not my project, I'm just helping out. What would you like to see from the project?" "Everything" "Really? We haven't started shooting. Does that mean the script? Raw footage? The final edit?" "Everything" I don't think they actually knew anything at all about what I was talking about (even though it was multi-gigabytes of information) and they handed it all over to a co-worker.
I think the lesson is to think about where they're coming from. The lawyer is paid to cover the company's ass and they may not even have the expertise to make the right call, so they'll error on the side of being safe.
> Not related to your employer’s line of work. Um, wait. What’s the definition of related? [...] I don’t know. It’s a big enough ambiguity that you could drive a truck through it. No, it's not that ambiguous at all. The courts rarely side with the company, and only in cases where it's quite obvious the work was directly related. If your side project isn't directly related to the work you are doing, then you don't nee…
Don't even tell your employer about side projects. Leave them out of the loop entirely. This depends heavily on the employer. Google, for instance, is extremely friendly towards both side projects (done entirely on your own time and with your own equipment) and open source contributions done either on or off company time. I wish more employers had the same level of transparency.
Earlier quoted context omitted.
A company I worked for (property appraisal company) got acquired by another company. They forced one of the higher up developers out. 6 months later that developer wrote an app dealing with lines at Disney and was making money on ad revenue. The company came after him claiming they owned it because he used skills and knowledge he gained while employed to write that app. We had a "everything you do at any time belongs…
How did the company know what he was working on six months after he was forced out?