Google, my employer, recently refused a request that I made to release as open source some software that I had been working on in my spare time and without using any of their resources, on they claim that my software would compete with one of their projects. :-(
Does my company have IP rights to the stuff I do in my spare time?
51–60 of 120 posts
Re: Does my company have IP rights to the stuff I do in my spare time?
#52Re: Does my company have IP rights to the stuff I do in my spare time?
#53Earlier quoted context omitted.
This also varies somewhat by state; there's a law in California (Labor Code section 2870[1]) that bars employers from claiming work that an employee does "on his or her own time without using the employer's equipment, supplies, facilities or trade secret information" unless the invention relates directly to the employer's business. I'd still check with a lawyer, though, even if in California --- and if elsewhere, mos…
It may be harder than you expect to establish that you're not in a business related to your former employer, at least to the extent that you can quickly end a legal action; all I'm saying is, that legal safeguard may not be as helpful as you'd hope.
If your day job is Oracle DBA and your startup is iPhone apps or web design that still equals the same "computer stuff" to a judge.
Re: Does my company have IP rights to the stuff I do in my spare time?
#54Google, my employer, recently refused a request that I made to release as open source some software that I had been working on in my spare time and without using any of their resources, on they claim that my software would compete with one of their projects. :-(
Re: Does my company have IP rights to the stuff I do in my spare time?
#55Re: Does my company have IP rights to the stuff I do in my spare time?
#56Google, my employer, recently refused a request that I made to release as open source some software that I had been working on in my spare time and without using any of their resources, on they claim that my software would compete with one of their projects. :-(
Re: Does my company have IP rights to the stuff I do in my spare time?
#57Google, my employer, recently refused a request that I made to release as open source some software that I had been working on in my spare time and without using any of their resources, on they claim that my software would compete with one of their projects. :-(
Sounds like a good story to blog about and post on HN.
I'm not ready to give up my employment over this (though it does significantly lower the bar for what another organization would need to offer me in order for me to consider switching jobs :-().
Re: Does my company have IP rights to the stuff I do in my spare time?
#58Re: Does my company have IP rights to the stuff I do in my spare time?
#59IANAL, but in the UK, unless you have a contract that specifically says otherwise, yes. On the other hand, if the outside work provably used no employer resources, and provably is unrelated, then you can probably defend yourself against an action. But you really, really don't want to depend on that. Get it sorted up front. Get an explicit agreement with your employer that non-competing work done without their resourc…
But I agree it's better to just get it agreed upfront.
Re: Does my company have IP rights to the stuff I do in my spare time?
#60Earlier quoted context omitted.
It may be harder than you expect to establish that you're not in a business related to your former employer, at least to the extent that you can quickly end a legal action; all I'm saying is, that legal safeguard may not be as helpful as you'd hope.
You're absolutely right. There are really two questions here: * Does my employer own this? * Will they make me prove that in court? The damnable thing is that, even if you really do own your work, having to prove that you own it in court may kill your startup by making you run out of money.