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CrowdStrike offers a $10 apology gift card to say sorry for outage

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Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#71
post #9

This reminds me of something that happened at a former employer. After I had been employed there for a couple of years, someone in HR or Legal noticed that the programmers had never signed any "our code belongs to the company" agreement. So they asked us to sign a paper to that effect, and gave us each a check for $20. My thought was that I always assumed the company owned this code, but if they were going to pay for…

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

Watch out for "work-for-hire doctrine" erm... assumptions.

Last time I looked work-for-hire law only takes effect if there is explicit mention of the term "work-for-hire" in the contract, otherwise it's not "work-for-hire". And I have never seen a contract actually mention "work-for-hire".

Do current employment contracts state "work-for-hire"?

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#72

This reminds me of the family who was awarded $4 in damages for a wrongful death suit. [0] It's almost worse than nothing. [0] https://hotair.com/jazz-shaw/2018/06/01/jury-awards-family-f...

It was later reduced to 4 cents, and later overturned.

https://www.tcpalm.com/story/news/local/st-lucie-county/2022...

All involved very split juries - so I think the low amount was kind of a compromise by the jury in each case.

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#73

Earlier quoted context omitted.

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

"Any contract requires consideration" I am not a lawyer and I don't understand this phrase. But many legal systems require that a contract is at arm's length.

If you are assigning me some rights or an entire piece of IP, I must provide you with some consideration (monetary compensation) for that to be a valid contract. You cannot simply “gift” it to me.

So I would, as part of the contract, hand over $1 or $20 to establish that I have skin in the game and have paid for this contract be valid. The consideration could be stock and other things, but it can’t be null.

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#74

Earlier quoted context omitted.

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

"Any contract requires consideration" I am not a lawyer and I don't understand this phrase. But many legal systems require that a contract is at arm's length.

Consideration is generally money (but more generally and dangerously something actually received in exchange for giving away something else in the contract.) It can't be a binding contract if there is no exchange such as merely signing away the code.

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#75
post #33
post #9

This reminds me of something that happened at a former employer. After I had been employed there for a couple of years, someone in HR or Legal noticed that the programmers had never signed any "our code belongs to the company" agreement. So they asked us to sign a paper to that effect, and gave us each a check for $20. My thought was that I always assumed the company owned this code, but if they were going to pay for…

This is because it's a contract oddity - if they told you to sign it but offered nothing; you could challenge it in court, and the courts have often said a "one-sided contract" is not valid (e.g., you give me copyright I give you nothing). The $20 is "due consideration" - just like how some deals involve selling an item for a dollar.

there is a term "gracious consideration" often used where i am. rough translation is: "pretty please" [batting eyelashes]

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#76

Earlier quoted context omitted.

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

"Any contract requires consideration" I am not a lawyer and I don't understand this phrase. But many legal systems require that a contract is at arm's length.

[deleted]

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#77

Earlier quoted context omitted.

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

You think the $20 was consideration, and yet you think they were not paying for the code? Aren't these the same thing? > Ambiguity can be bad and super-expensive If the corporation had some ambiguity in their favor, I expect they would call it "value" and ask for as much as they could get to remove it. But if the ambiguity is in favor of an employee or client, let's remove it for a token $20. Ugly society this one is…

$20 consideration for reducing legal ambiguity around code they already own. Even if it's almost guaranteed to roll in favor of the employer, simply having to litigate it is enormously expensive. Such litigation would be detrimental to everyone but the lawyers, but that won't stop people from thinking they have a case.

I'm with you, companies will always look out for their own interests, but when clarification minimizes logistical waste, it's possible to benefit everyone.

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#78

Earlier quoted context omitted.

Here's what I suspect happened: Any contract requires consideration. Without it, it's not a valid contract. It doesn't require fair consideration, so a clause giving e.g. $1 is typical for many contracts. They were nice and bumped it up to $20. I suspect your work DID belong to the company already, under work-for-hire doctrine, but an explicit contract avoids that ambiguity. Ambiguity can be bad and super-expensive,…

"Any contract requires consideration" I am not a lawyer and I don't understand this phrase. But many legal systems require that a contract is at arm's length.

https://en.wikipedia.org/wiki/Peppercorn_(law)

Re: CrowdStrike offers a $10 apology gift card to say sorry for outage

#80
post #57

People are giving them grief, but you have to realize that the cost of $10 gift cards for all billion or more affected people on the planet, would quickly add up.

It’s not given to billions of people but a few thousand companies
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