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Ask HN: How to validate a startup idea whilst employed?

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Re: Ask HN: How to validate a startup idea whilst employed?

#32

I've built WunderGraph ( https://wundergraph.com ) as a side project until it was ready for real "startup mode". I've asked my employer to give me an IP exclusion for the project in writing. Then I dedicated 1-2 hours in the morning and maybe at night as well on the weekend, depending on my energy level. I've developed the product until it had a certain maturity. I've then onboarded two co-founders who also helped pa…

I've managed to get specific exclusions for IP I've worked on as a side project, and more recently got my employer to include the majority of the github "balanced employee ip agreement" [1] in our employment contracts, which states quite clearly "If you create IP outside the scope of your employment or contract or before or after your employment or contract ("Your IP"), the Company doesn't own it" [2] (UK based company)

[1] https://github.blog/2017-03-21-work-life-balance-in-employee... [2] https://github.com/github/balanced-employee-ip-agreement/blo...

Re: Ask HN: How to validate a startup idea whilst employed?

#33

I've built WunderGraph ( https://wundergraph.com ) as a side project until it was ready for real "startup mode". I've asked my employer to give me an IP exclusion for the project in writing. Then I dedicated 1-2 hours in the morning and maybe at night as well on the weekend, depending on my energy level. I've developed the product until it had a certain maturity. I've then onboarded two co-founders who also helped pa…

I've managed to get specific exclusions for IP I've worked on as a side project, and more recently got my employer to include the majority of the github "balanced employee ip agreement" [1] in our employment contracts, which states quite clearly " If you create IP outside the scope of your employment or contract or before or after your employment or contract ("Your IP"), the Company doesn't own it " [2] (UK based com…

Sounds good! One thing I'd like to add is that some people might be afraid to ask for an IP exclusion. Think about it from an employer perspective. Should they let you go just because you have a side project you'd like to work on? Probably not. If you'd like to sell it, your side project will teach you need skills.

Re: Ask HN: How to validate a startup idea whilst employed?

#34
> I see no consideration for those whom are employed under employement contract to assign both moral rights and intellectual property to their employer.

(I am *not* a lawyer. I'm not even American.)

Can you set up any intellectual property through a trust? If the trust owns the IP, and the trust does not have a contract with your employer, can you write code for the trust, thus protecting it?

Just a thought.

Re: Ask HN: How to validate a startup idea whilst employed?

#37

>employed under employment contract to assign both moral rights and intellectual property to their employer. This is usually when you're on company time with company assets. If you're at home/coffee shop and off the clock and on your assets/pc its your IP. Do you have a contract with current employer that has this specific language? I would understand a term for a non-compete agreement, but what you're saying does no…

You missed IANAL, and it’s obvious that you aren’t. Your claims here may be true where you live, but they certainly aren’t universally true.

IANAL either. But I do know that in most states it doesn’t matter if it’s your own time and your own PC. In California there are exceptions, I if your work has nothing to do with your employers business. Washington State has fewer exceptions but there are some, IIRC (but remember IANAL).

Also, if this project does relate to your employers business then quitting won’t solve your problems. You will need to quit and then do no work on it for six months, typically, to be free of the their legal ability to claim they own it. And regardless, they can still sue you: the six months break just gives you a better negotiating position.

If this project has any value, consult with a lawyer.

Re: Ask HN: How to validate a startup idea whilst employed?

#38
IANAL

My understanding of this, even in states that aren't as protective of California, is that: 1. Companies aren't interested in your IP, unless it is very closely related to their core business 2. The burden of proof is on them 3. Courts are sympathetic with the individual over the company for this kind of thing

Because of these points, companies try to paint the picture like they own all things you do, as a deterrent, or so that you give them your ideas for free. In practice, their position is at best tenuous / hard to prove, and at worst simply invalid (e.g. in states like California).

Re: Ask HN: How to validate a startup idea whilst employed?

#40
post #8

If you’re trying to find something truly novel, it might prove extremely difficult. In Outliers, Malcolm Gladwell talks about finding something truly novel and extremes of success are a combination of experience, network, and time period. If you’re working 9-5, you can imagine that it’s tough to develop experience outside of your area of expertise, develop a network, or time something perfectly. I’m not saying this t…

Do you have a blog? Would be super interested in your story and how you’ve reached this stage

I do, haven’t written about the company portion yet because I’d like to learn more myself. I feel like I have a lot to learn. [username].com for maybe one useful article. :)
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