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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?

#91
post #90

Earlier quoted context omitted.

Regardless of if a court would side with you, if there was no consideration when you signed the new contract, the contract may be void anyway.

Isn't next month's salary the consideration?

Not in contract law in my jurisdiction. It may be for others though.

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

#92
Start a newsletter for the audience you’d like to one day serve.

I run a small but growing business (£0.5m) that I started in 2017. But for the first 3 years I had a job.

For most of that time it was largely an email newsletter - completely under the radar of anyone who might be looking.

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

#93
post #62

Earlier quoted context omitted.

Merchant of Record services mean that when someone "buys" something from you (e.g. subscription or other product) they're actually legally interacting in all ways that matter with the MoR. Effectively you can think of it as a mostly transparent re-seller. The MoR (e.g. Paddle) is buying the subscription from me and selling it to you. Because I'm never actually interacting with the customers for payments I don't need…

Don't you still need a company to sell it to Paddle?

Not according to Paddle's signup form: https://vendors.paddle.com/signup

"Business type" options include Individual, Company, Partnership, and Non-Profit.

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

#94

Earlier quoted context omitted.

> “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” Forgive my ignorance, but is this statement required in any of the jurisdictions in the world? In a post-slavery world, an employer cannot own what I choose to do with my own resources outside the scope of my employment.

Prior to this the contract let the employer claim rights over all IP I created unless specifically exempted. From this: https://www.russell-cooke.co.uk/insight/briefings/2020/intel... " The general position under English law is that IP rights created by an employee within the course of employment automatically belong to the employer; where there is any doubt as to whether an employee or their employer owns IP rights,…

> Prior to this the contract let the employer claim rights over all IP I created unless specifically exempted.

Makes more sense now. Even in that case, I have many questions regarding the quoted parts in the article. Especially regarding the “demarcation of hours of work”, why would the burden of proof be on the employee? Employer is supposed to keep track of hours of work. If they cannot prove that employee developed the IP during company time, then it shouldn't belong to the company. But then, law and justice are very different things.

> if I wrote a novel about unicorns and rainbows, that wouldn't be owned by the company, but if I wrote software, it would.

I would say that software is too general to be applicable, and yet there's this anecdote somewhere else on this thread [0].

[0] https://news.ycombinator.com/context?id=32885772

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

#95
What you should do is take your specific employment contract to a lawyer to understand the limits under the case law of the state/country in question. California, for example, places strong limits on what they can stop you from doing. But yes, quitting your job may be your best bet.

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

#96

honestly if you have to ask this question and you can't think of actions to take by yourself, i question whether you are cut out for startup, its super risky and you seem risk adverse not only from asking the question. i would recommend just keep looking at how to make sales. without customers you don't have a business.

That's absurd. Are startups risky? Yes. But it's about calculated risk. For example, you don't just start a company and say, "Fuck paying taxes, because who cares about the risk that the IRS will find me."

A founder should take a fair bit of risk in terms of product and market, and manage that aggressively. But for things that can be done in a safe, standard way, by all means do that. E.g., you should pick the state and type of legal entity with absolute minimum risk that investors will have questions. You should also choose boring technology except to the extent that you need to do something risky to make the business work. Etc, etc.

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

#97

Earlier quoted context omitted.

Prior to this the contract let the employer claim rights over all IP I created unless specifically exempted. From this: https://www.russell-cooke.co.uk/insight/briefings/2020/intel... " The general position under English law is that IP rights created by an employee within the course of employment automatically belong to the employer; where there is any doubt as to whether an employee or their employer owns IP rights,…

> Prior to this the contract let the employer claim rights over all IP I created unless specifically exempted. Makes more sense now. Even in that case, I have many questions regarding the quoted parts in the article. Especially regarding the “demarcation of hours of work”, why would the burden of proof be on the employee? Employer is supposed to keep track of hours of work. If they cannot prove that employee develope…

It is pretty common in most US states to own ip developed outside work hours. The concept is pretty simple: by default, your employer is paying you for the ideas you generate, and this could happen at home.

Imagine you work in cold fusion research and you spend your days performing tests and reading papers. If you have a dream and wake up with a solution, this is part of what your employer has been paying you for, and the time of day is irrelevant.

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

#98
post #90

Earlier quoted context omitted.

Isn't next month's salary the consideration?

Not in contract law in my jurisdiction. It may be for others though.

That's very strange to me. Then why is anything else in an employment contract binding?

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

#99

I see a few potential options: 1. Discuss with your employer to get the clause revised 2. Validate anyway 3. Change jobs to one without the clause 4. Give up on the idea If you speak to your employer and they don't budge, make clear it's a quitting matter, unless you'd rather just forget the idea.

horrible advice. there's no where on earth this will be accepted and defeats the OP's requirement of being employed WHILE validating an idea. 1. would get you sued

If the OP is a valuable employee and the company's options are to lose them or let them do something the company doesn't care about there's no harm asking at all. Don't ask, don't get.

How would discussing your contract with your employer get you sued?

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

#100
I don't understand, how could a company own your IP if you work outside of business hours on your own computer?

Unless it's in direct competition with trade secrets of your employer's business I don't see how they could claim ownership over anything. They can't enforce ownership over generic things like writing a user management system, a billing portal or creating a searchable and sortable data view?

Loosely related is way too ambiguous. You could make a case that almost anything is loosely related to programming because it's general problem solving applied to a specific context. Any time you spend doing this process can help you in other skills. That would mean you wouldn't be able to do anything.

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