Maybe don't sign these types of contracts? We are fortunate enough that even the most mediocre among us can hold out for the next employer that doesn't demand this kind of control over you, or start your own company. I don't give a shit what a company says about their culture of work/life balance or whatever. If I see blanket IP clauses unrelated to non-compete, or like arbitration clauses that remove us from civil c…
that's a noncompte cluase (which is a totaly diferent thing) which I suspect would be impossible to enforce.
My Ideas, My Boss’s Property
171–180 of 186 posts
Re: My Ideas, My Boss’s Property
#172Earlier quoted context omitted.
Don't know the situation in the US, but in Germany you might get some trouble: (citing myself:) Don't think, that in Germany the situation is that much better. We might not have those agreements in the contracts, since in Germany there are (luckily) many regulations what can be put into contracts. But the German law has also some specialties: For example, when you make an invention in your free time, even when it has…
Actually, go read the law (ArbnErfG, § 18 Mitteilungspflicht, Satz (3)) says otherwise: (3) Eine Verpflichtung zur Mitteilung freier Erfindungen besteht nicht, wenn die Erfindung offensichtlich im Arbeitsbereich des Betriebes des Arbeitgebers nicht verwendbar ist. The law also stipulates that for any invention or major improvement, even for the ones that you do during your work time that your employer wishes to keep…
How could one say, that something is "offensichtlich" (apparently) not usable in the business of the company. With any bigger company and when you take the software business and you program something for your own, you are caught. Which type of software related invention would "apparently" not be usable for (e.g.) Microsoft?
I have also spoken with German lawyers about that topic and what they told me, was not so rosy.
What is meant by "fair" compensation? I doubt very much, that this is regulated in detail and in effect the compensation will be what your employer says. For employee-inventions you also get some compensation ... and that should be fair too, I guess? But it is not, what I know. The compensation that regularly is given to the inventors inside a company get a fraction of the patent filing costs (in the US and also counting lawyer costs). I doubt that that could be counted as "fair", when the lawyers get more from the invention than the inventors.
Re: My Ideas, My Boss’s Property
#173Earlier quoted context omitted.
that's a noncompte cluase (which is a totaly diferent thing) which I suspect would be impossible to enforce.
I get that. I was pointing out dumb contract clauses in general. As the OP says, there's a large array of these types of things found in contracts, which is why I brought up overly restrictive non-competes and arbitration clauses, both of which are just as scummy as claiming ownership of any IP during the period of employment.
The employee employer relsionship is very one sided
Re: My Ideas, My Boss’s Property
#174Earlier quoted context omitted.
Maybe I was a good employee, met my deadlines, respected both company time and my own, and also enjoyed working on pet projects in my free time. It is absolutely absurd that a company feels entitled to my personal work because of "maybe." Organizations tend toward pessimism because people respond more strongly to shame, insult, and embarrassment (of themselves and others) than to victory, pride, altruism, and shared…
Organizations tend toward pessimism because people respond more strongly to shame, insult, and embarrassment (of themselves and others) than to victory, pride, altruism, and shared glory. My understanding is the exact opposite [1]. At least that what we were often taught in our teacher prep classes. I know that other research indicates that people are more loss averse than gain seeking [2], but I'm not sure that indi…
People who have a positive self-image respond more strongly to victory, pride, and altruism, because it resonates with how they see the world. If someone tries to shame or insult them, they remove themselves from that person's presence, or shrug off the insult by recognizing that other person as trying to discharge his own emotional hurt on other people.
The interesting thing is that both worldviews are self-reinforcing. The latter kind of people typically refuse to work with the first, because why would you put yourself in a position where you're listening to someone who only understands shame, insult, and embarrassment? As a result, positive people tend to work only with other positive people, and negative people tend to work with only other negative people (this usually manifests itself as scheming and backbiting, as few folks have the courage and social-ineptness to be negative to one's face). Their worlds and experiences become congruent with their worldviews, which just confirms the worldviews in the first place. That's why psychologists often say that negative fears often cause themselves to come true: they make you act in a way that pushes away positive experiences and attunes you to negative ones.
It is possible to shift between worldviews, but this is often psychologically traumatic for the person involved and involves some sense of crisis. Going from negative to positive, the catalyst is often psychotherapy, a strong mentor, or having a core value (like a child's well-being) threatened. Going from positive to negative, the catalyst is often economic, being trapped with a bad boss or in a bad relationship because you lack the means to leave. Teachers and parents are taught to focus on positive emotions because they effectively are the ones to start the cycle off, and children are trapped in their care. It's not really that children innately respond better to one or another, it's that the way you treat them primes them for what sort of reinforcement they will accept later on in life, and so if you want children who naturally respond to and offer positive reinforcement, you should model that early on.
Re: My Ideas, My Boss’s Property
#175Earlier quoted context omitted.
The bigger problem is not the ideas that relate to your every day job... But Say your a Aerospace Engineer working on rockets and on your off time you write a scifi book, after your done you take it to a publisher, they publish it, and then your employer claims ownership over that book... and sues you That type of shit happens all the time, and while that is an extreme example, there are all kinds of examples like a…
Actualy the courts would strike that down is not justicable its not realted to your day job at all.
Re: My Ideas, My Boss’s Property
#176Earlier quoted context omitted.
>Not everyone has the will... to do such a thing. This may just be crotchety old man talk, but sometimes I wonder if the extremely protective child-rearing (particularly in schools) that seems to be abundant today will make future adults particularly susceptible to this kind of bullying. If you never have to deal with this kind of social stress as a child, how can you possibly deal with it as an adult? Perhaps gettin…
Being humiliated and beaten as a child with no control over the situation is not "training" for anything. It's abundantly clear that you did not experience that and have no idea what it is like for a child. Let's hope as a crotchety old man that nobody ever decides to show you what it's like when you're stuck in a nursing home where no one believes or cares to help you because of some stupid reason like that it shoul…
Perhaps you should not make such unfounded assumptions. It would also behoove you to refrain from such overt ad hominem argument.
Do you think I was never a child? I speak from experience, not conjecture. I can't say the same for your vitriolic response.
As a child, I went through many situations that were very stressful for me at the time, but ultimately helped to construct a number of helpful psychological responses to aggression. Those responses are very useful in the real world. Contrary to what teachers may have you believe, bullying does not end in school. It simply becomes more subtle.
Re: My Ideas, My Boss’s Property
#177Earlier quoted context omitted.
>Not everyone has the will... to do such a thing. This may just be crotchety old man talk, but sometimes I wonder if the extremely protective child-rearing (particularly in schools) that seems to be abundant today will make future adults particularly susceptible to this kind of bullying. If you never have to deal with this kind of social stress as a child, how can you possibly deal with it as an adult? Perhaps gettin…
I would argue more that the instilled mindset of "do as the authority figures say, you have no influence in the matter" that's pervasive in schools also does a huge amount to train adults to not feel like they have this option. That takes a lot to overwrite when it's instilled in you for the first 18 years of your life.
Re: My Ideas, My Boss’s Property
#178Earlier quoted context omitted.
>Not everyone has the will... to do such a thing. This may just be crotchety old man talk, but sometimes I wonder if the extremely protective child-rearing (particularly in schools) that seems to be abundant today will make future adults particularly susceptible to this kind of bullying. If you never have to deal with this kind of social stress as a child, how can you possibly deal with it as an adult? Perhaps gettin…
Which do you think is more likely to affect assertiveness: overprotective parents or a lack of leverage in the employment market? I take the fact that you reduced OP's statement > Not everyone has the will, nor the financial wherewithal, to do such a thing. to >Not everyone has the will... to do such a thing. as an indication that you think economics plays a secondary role in this story. I disagree and I'd like to kn…
Re: My Ideas, My Boss’s Property
#179Re: My Ideas, My Boss’s Property
#180Earlier quoted context omitted.
If you had a written promise, could you sue?
IANAL, you sort of can, but mainly in compensation for expenses you incurred based on expecting them to come through. http://en.wikipedia.org/wiki/Estoppel#American_law