Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Does my company have IP rights to the stuff I do in my spare time?

answers.onstartups.com

Post reply on HN
Print view View original

101–110 of 120 posts

Re: Does my company have IP rights to the stuff I do in my spare time?

#101

Post by Natsu »

aaronblohowiak wrote: post #60
Natsu wrote: post #30

Earlier quoted context omitted.

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.

The other way of looking at your latter point: I try to work for people who would brag about successful former employees. Enlightened managers cultivate an "alumni network."

The world needs more managers like that.

Re: Does my company have IP rights to the stuff I do in my spare time?

#102

Post by Kilimanjaro »

Sometimes the law and common sense have nothing in common.

I have different hobbies besides coding, so if I create a painting masterpiece my employer owns it? How about my latest culinary invention? The new can opener I just invented? Or my one month old daughter conceived in my spare time?

I call retardedness, but that's the law and we must obey it or fight to change it.

Re: Does my company have IP rights to the stuff I do in my spare time?

#103

Post by Kilimanjaro »

Kilimanjaro wrote: post #102

Sometimes the law and common sense have nothing in common. I have different hobbies besides coding, so if I create a painting masterpiece my employer owns it? How about my latest culinary invention? The new can opener I just invented? Or my one month old daughter conceived in my spare time? I call retardedness, but that's the law and we must obey it or fight to change it.

It all boils down to this, the law is supposed to protect the individual, but the corporations have the money, and the law-makers follow the money, therefore the individual gets screwed. Corporatocracy is ruling the world right now but we are getting fed of it and even if it takes a hundred years we will make them serve the individuals that work for them and not only their C?Os.

Re: Does my company have IP rights to the stuff I do in my spare time?

#104

Post by metageek »

Philbrick wrote: post #15

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. :-(

I work for ITA, which is being acquired by Google, and this is one way in which it's going to be a step down. ITA's noncompete is the narrowest I've seen; it only claims stuff that I do in the travel industry.

Re: Does my company have IP rights to the stuff I do in my spare time?

#105

Post by kjhgtfbn »

Kilimanjaro wrote: post #102

Sometimes the law and common sense have nothing in common. I have different hobbies besides coding, so if I create a painting masterpiece my employer owns it? How about my latest culinary invention? The new can opener I just invented? Or my one month old daughter conceived in my spare time? I call retardedness, but that's the law and we must obey it or fight to change it.

That's what I asked HR at the last place that tried one of these policies.

Suppose I make porn videos featuring animals and very old people - the company owns them, so I should put "A XYZ corporation" production on the title card?

Re: Does my company have IP rights to the stuff I do in my spare time?

#106

Post by davidchua »

This topic has made me relook at my employment contract and I'm a little concerned.

Does this sound like I'm exempt having to hand over my IP for non-work related coding?

"All Intellectual Property developed, created or used by you or with your assistance during your employment with the Company in the context of the business of or any related activities shall be and at all times remain the property of the Company."

It feels like anything that is done outside of work that is not related to the company is exempt, but I'm not sure.

Re: Does my company have IP rights to the stuff I do in my spare time?

#108

Post by motters »

davidchua wrote: post #106

This topic has made me relook at my employment contract and I'm a little concerned. Does this sound like I'm exempt having to hand over my IP for non-work related coding? "All Intellectual Property developed, created or used by you or with your assistance during your employment with the Company in the context of the business of or any related activities shall be and at all times remain the property of the Company." I…

It sounds sufficiently vague that the company could claim that your extra-curricular IP belongs to them if they want to take it.

Re: Does my company have IP rights to the stuff I do in my spare time?

#109

Post by jswinghammer »

zem wrote: post #34
trotsky wrote: post #10

It's a seller's market, don't take a job at a company with policies you don't agree with, regardless of how common they are or how enforceable they might be[1]. It's quite easy to find employers in the bay area that don't demand such things or will waive the clause. Make sure to tell them why you didn't take the job. [1] I suppose if it's clearly and completely unenforceable little harm is done

in what way is it a seller's market? as far as i can see, high-tech employment is still not all the way back up to pre-recession levels.

If you tried to hire in the past few years in an area like Boston this wouldn't require further explanation.
Post reply on HN