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Developers’ side projects

joelonsoftware.com

101–110 of 411 posts

Re: Developers’ side projects

#101
post #46
post #43

I negotiated IP assignment out of my employment contract before taking my job. I wouldn't take a job that tried to lay claim to my work outside of work.

That's cool, and I'm happy for you. But is this something that should be a luxury only reserved for those in a good bargaining position?

It's hard to make a judgement about my bargaining position. I've never heard of another developer negotiating it.

Re: Developers’ side projects

#102
post #13

The hope that one of my side projects will some day succeed, and I can leave my 9-5 is the only thing that drives me. If I said, "welp, legal" i'd die inside. Some people have church, I have side projects.

Same here. While I've worked for larger companies who are onerous about side project, that's been a large reason I've left and tended to avoid them. It's just too much effort to play along with them even if there's no overlap.

Re: Developers’ side projects

#103
post #65

> 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…

A contract I was offered had this crap in it. I asked them to clarify in writing what "related to the work" means. They refused so I declined the offer.

Re: Developers’ side projects

#104
post #34

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.

Google is actually pretty good about this. They clarify some areas that are no-no, and there is a simple process for asking if a side project can be released as open source.

What if I don't want to open source it? What if I want to make money?

Re: Developers’ side projects

#105
post #65

> 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…

I had a colleague who worked on a side project that was no where close to the main business of the company but was related to a "hackathon" type project at the company that he was uninvolved in. His side project took off and he quit to work on it. The company successfully sued him for millions of dollars. This was in the US but not in California.

Re: Developers’ side projects

#106
post #75
post #65

> 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.

This was not the case in my experience at Google. It heavily depends on your specific group, project, and direct management hierarchy.

Eg they might let you work on some open source project, but if you wanted to commercialize some side project, it's an entirely different can of worms. (And different clauses I'm your employment contract.)

Re: Developers’ side projects

#107

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.

Google has an application process where, before you've written any code, you can ask for copywrite release. However, if you don't do that, they can and WILL claim ownership over your personal projects. It's happened to me.

Re: Developers’ side projects

#108
I'd love to see some clear legal advice from YC on this; my guess would be if you are taking a first employee the idea that they would have any time to do anything other than the startup means they were the wrong first, second or even twentieth employee.

After that YC what is the score?

Re: Developers’ side projects

#109
post #75
post #65

> 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.

I still don't know how it can hurt to keep it a secret. Any assistance you could get taints the project's ownership, so it seems like you have nothing to gain by sharing and a lot to lose.

Re: Developers’ side projects

#110

As a Canadian I don't even know what the requirements are, or protections if any. But I did notice one thing in particular: you need your own equipment (no company equipment) to qualify under the Californian protections. How does this factor into bring your own device (BYOD)? At what point is it your employers equipment, and at what point is it yours? I think BYOD is a terrible idea for several reasons (usually lever…

The problem looks reasonably clear. If something is provided to you by the employer, don't use it for a side project.

This can be hardware, software, know-how, office space, work hours, etc. If something was not provided by the employer as a part of your work environment, it's probably fine to use it. But a clear separation should additionally help.

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