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My Ideas, My Boss’s Property

mobile.nytimes.com

31–40 of 186 posts

Re: My Ideas, My Boss’s Property

#31
post #9

.......remind me again how the courts in Texas work? "In 2004 a court in Texas ordered a former Alcatel employee to give his former employer a software algorithm — which existed entirely in his mind. The idea, which he was still working on and was still too abstract and incomplete to be a patentable invention, was nevertheless deemed the property of Alcatel, forcing the ex-employee to turn over the algorithm in the m…

Mostly, they don't.

Judges in Texas are generally elected, and so you get all the same kinds of electoral corruption that you have anytime a politician raises campaign funds.

Re: My Ideas, My Boss’s Property

#32
post #24

"You’ve reached your limit of 10 complimentary articles this month."

Try this: http://web.archive.org/web/20140414122508/http://mobile.nyti...

Often you can get around these limits by opening a 'private/incognito window' in your browser. In FF, you can right-click the link and 'open in new private window', and I imagine similar in Chrome.

Re: My Ideas, My Boss’s Property

#34

I've always been particularly confused by the contract clauses which specify that all work of the employee during their time at the company is property of the company itself. Does this mean that if I develop some completely unrelated software in my spare time while working as a programmer at a large company, that the software I created at home also belongs to my employer? What if I was to write a book during that sam…

Typically work done in your spare time on company hardware/resources falls under this clause. Anything you develop after hours on your own machine is yours.

Re: My Ideas, My Boss’s Property

#35
With top talent, you never really employ it. You just sponsor it. If you fail to recognize this, people become demotivated and that talent is either meaningless, or turned against you.

The problem is that employers, and almost all of them are this way, are do damn short-sighted. They'll pinch pennies on benefits, lay people off for the slightest reason or no reason, and burn hours of time on psychotic, all-consuming performance review systems, while missing the fucking point, which is: the real existential risk is when innovation stops. None of that other shit really matters.

An employee "stealing an idea", except in spy work, is a minor insult at worst. As far as I'm concerned, it's the responsibility of the company to provide conditions that are good enough (e.g. job stability, resources) that people would rather stay than "steal" their ideas off to elsewhere. If they can't or don't, then I have no sympathy.

The problem is that professional management culture rewards the mindless, minuscule cost-cutting that is often just externalizing costs to the future. That's where we get companies that put these onerous clauses in place, failing to realize that their pulling that kind of shit is killing the energy they'd need if they wanted true innovation.

If a company wants to excel-- instead of simply being a scam through which management robs investors (of their money) and employees (of their time and careers)-- it needs to give its people support, autonomy, and trust. Yes, a few people will "steal" from the company (by which I mean abusing that autonomy) but most won't have that inclination in the slightest, and more money will be made on the latter (by orders of magnitude) than is lost on the former.

Re: My Ideas, My Boss’s Property

#36

pretty sure this won't go away any time soon, so in the meantime, just jot down your idea in your own device at break time. My take on it, anything done / written during 'office-hour' will be deemed company property.

Don't even do that. Don't take anything with personal projects on it anywhere onto company property. Don't even dare plug it in and surf the web during your coffee break.

Re: My Ideas, My Boss’s Property

#37
post #9

.......remind me again how the courts in Texas work? "In 2004 a court in Texas ordered a former Alcatel employee to give his former employer a software algorithm — which existed entirely in his mind. The idea, which he was still working on and was still too abstract and incomplete to be a patentable invention, was nevertheless deemed the property of Alcatel, forcing the ex-employee to turn over the algorithm in the m…

Mostly, they don't. Judges in Texas are generally elected, and so you get all the same kinds of electoral corruption that you have anytime a politician raises campaign funds.

Most states have local judicial elections of some sort. Texas has partisan judicial elections, and your point very much stands.

Re: My Ideas, My Boss’s Property

#38
One change that would lessen the burden of the patent system is mandatory licensing. It doesn't matter who invented what, everyone pays a percentage of revenue into the pot and it gets spewed out per usage. The sticky bit being that you couldn't prevent someone else from using a patented idea. Boom, no more hold ups; no more threatening to kill someones business because of greed.

Re: My Ideas, My Boss’s Property

#40

I've always been particularly confused by the contract clauses which specify that all work of the employee during their time at the company is property of the company itself. Does this mean that if I develop some completely unrelated software in my spare time while working as a programmer at a large company, that the software I created at home also belongs to my employer? What if I was to write a book during that sam…

If you are in California, the relevant law is http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr...

"2870. (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer's equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer's business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer. (b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable."

Of course, if you have any specific questions you'd want to talk to a lawyer to make sure you were interpreting it correctly for your situation.

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