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GitHub lets staff own IP developed for personal projects using company resources

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Re: GitHub lets staff own IP developed for personal projects using company resources

#451
> The employee had not written down the idea during his employment, but had told his employers of its existence.

But why?

Source: https://www.biicl.org/files/558_16bld2004.pdf

Would be nice to dig deeper and learn more about all the circumstances...

Re: GitHub lets staff own IP developed for personal projects using company resources

#453

Earlier quoted context omitted.

The real question is how expensive they are. The US has les protections but thus pays a lot more. Soft engineers moving from SF to europe get their income cut by more than 50%. In the end, more europeans move to the Us that the other way around, showing ultimately what the body prefers.

> more europeans move to the Us that the other way around Biased metric. The US makes it hard for people to leave.

How so?

Re: GitHub lets staff own IP developed for personal projects using company resources

#454
post #189

Earlier quoted context omitted.

The real question is how expensive they are. The US has les protections but thus pays a lot more. Soft engineers moving from SF to europe get their income cut by more than 50%. In the end, more europeans move to the Us that the other way around, showing ultimately what the body prefers.

Who cares about income? Profit matters. Societal benefits matter too. How many days of work in a month is required to break even on all the basics of life like rent, food and medical care + retirement insurance.

Everything matters, thats why looking at only 1 axis ends up biased. Seeing how people vote with their feet takes everything into account, preferences, income, services, etc.

The reality is that the US is a very generous place if you have money, so if you are a software engineer you can have a luxurous life in comparison to what one would get in EU. The situation is opposite for lower paying jobs.

Re: GitHub lets staff own IP developed for personal projects using company resources

#455
post #107

Earlier quoted context omitted.

Most of the arguments against contracting, so far as of this timestamp, seem to boil down to anecdotal "I've got mine so who cares about everyone else" with a side dish of if I can imagine how in a utopia idealized employment could be for everyone, and if that imaginary "could be" employment is superior to how contracting actually is in reality, then its proven with no need to implement it for any individual or entir…

In all fairness, as of the timestamp of my comment, all of the pro-contract-work arguments I've seen include things like "and it's so easy when you have good relationships with long-time clients" and other such things. Which is really the same argument as the anti-contract "I'm in a stable awesome job with great benefits, so of course this is better.". I have yet to see anyone comparing using the WORST case of EITHER…

That's a pretty well thought out argument.

I'd propose that above the very bottom of the barrel, contract work is slightly better because it is like speed dating and the odds of meeting the right client for you are higher than could be experienced in slower paced long term employment.

Re: GitHub lets staff own IP developed for personal projects using company resources

#456

Earlier quoted context omitted.

right thats something to consider there's just so many ways around it and I'd LOVE to get some case law made just to get some unknowns clarified. Like when I contribute to an already existing open source project on company's time/resource/IP-appropriation-regime, do they get to rewrite the Apache license because one contributor had signed a contract? when running this open source software that happens to generate a t…

There is also another factor to consider: while all this is playing out, in public, you are someone being highlighted as having signed a contract disingenuously. It doesn't matter how bad the contract is, the fact that you signed it and reneged on it later could look bad to future employers (especially if they have links to the company in question through the old-boy network or similar!).

Unfortunately companies do this all the time: I have personally seen clauses in contracts put forward by employers whose exact wording had been rendered completely ineffective and unenforceable by UK employment case law.

If it’s bad faith to sign off on a contract which contains clauses you do not intend to honour (because they are unenforceable) surely it’s equally bad faith (if not more so, given the power relationship) to keep unenforceable clauses in contracts purely in the hope or expectation that they will frighten uninformed employees into conforming with them?

Re: GitHub lets staff own IP developed for personal projects using company resources

#457

Earlier quoted context omitted.

The result is that contract forms have become a sort of IP-free zone. Exactly. One of the sleaziest tricks used by Realtors (most Realtors are not lawyers) is getting clients to sign their forms: their terms usually have the word "percent" hard-coded into the contract. Rather than opening the door to hourly or fixed dollar amounts, they insist that their forms are the "standard". I heard one recently say in a public…

People suck at negotiating. Last time I did a buy/sell we did a deal with the real estate broker where we paid her $1000 upfront (0.5%) to sell the house for a 3% commission vs 7%. The trick was we gave her 60 days to sell the house exclusively without going on MLS, and she would credit the $1000 after 60 days if it sold on MLS (which means she gets almost nothing).

They really do suck at negotiating. I tried to buy the house I was renting, and as part of their negotiation 'tactics' they threatened to have me evicted if the sale fell through. Of course, the sale fell through. No eviction. They should have let their realtor handle negotiating with me, but for some reason they took it on themselves. What is the realtor for, if not to prevent things like bad negotiation tactics. Taught me a lesson though.

Re: GitHub lets staff own IP developed for personal projects using company resources

#458

Earlier quoted context omitted.

I was shocked to see that a month of notice is common here (Ireland). It actually was an issue when I wanted to attend a conference for my new employer (gave notice around 11 PM exactly 30 days before I had to fly). I get that it's apparently an employee protection but it does seem kind of ludicrous. What happens if you rage quit? Win the lottery?

>What happens if you rage quit? Win the lottery? Well, I'm a professional, so I finish my job... I shouldn't be changing job more than once every 2 years, so 3 months is nothing. The notice period is often reduced for the first 6 months, or you can ask for that before signing your contract. In reality a company has no real desire to keep a disgruntled employee longer than they have to, so you can burn bridges and lea…

Well sure, I think the difference is between what's courteous and what's contractually stipulated. It's rude to give short or no notice regardless, but it's not always a contractual obligation.

Re: GitHub lets staff own IP developed for personal projects using company resources

#459

Earlier quoted context omitted.

If you get a lawyer for your house transactions, you will pay a flat fee of less than $1000 and still get the advice to always have it inspected.

A lawyer? Geez, why a lawyer? They are highly qualified and expensive. Hire a flat-rate agent/broker. They'll technically be your agent, but you do all the leg work.

I pay less than $1000 for a lawyer and get 10x the value I get out of an agent for which I'd pay several thousands of dollars.

Re: GitHub lets staff own IP developed for personal projects using company resources

#460

Once upon a time, I was looking for a job, in straightened circumstances. I found a so-so match, and since I was in danger of missing a mortgage payment, I decided to accept their offer. Pragmatism and all that. Well, I went in and picked up the documents, and told them I needed to read them before signing and returning them to the company. I looked at the IP clause, and it said the company owned anything and everyth…

what you do on your own time with or without company resources is yours. too many armchair lawyers on HN trying to spread FUD and scare employers. As long as you don't compete using their code, everything is fair game. Such bullying lawsuits would irreversibly damage the credibility of you and your organization.

I'd like to know why my comment was downvoted, none of what I laid out is false.
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