Developers’ side projects

Post by random42 » Sat, Dec 10, 2016, 2:24 AM UTC

krschultz wrote: post #141

alxmng wrote: post #65

> Not related to your employer’s line of work. Um, wait. What’s the definition of related? [...] I don’t know. It’s a big enough ambiguity that you could drive a truck through it. No, it's not that ambiguous at all. The courts rarely side with the company, and only in cases where it's quite obvious the work was directly related. If your side project isn't directly related to the work you are doing, then you don't nee…

"Don't even tell your employer about side projects. Leave them out of the loop entirely." Early in my career I did this. Now I go the exact opposite tack. Tell your employer. Get it cleared in writing. If you work at a company where that is a problem, then consider your side projects non-commercial for perpetuity, or get a new job.

Post by BuuQu9hu » Sat, Dec 10, 2016, 2:28 AM UTC

dom0 wrote: post #52

lomnakkus wrote: post #8

Earlier quoted context omitted.

> The employer owns the code you contributed to a FOSS project. I think this is a pretty US-only type thing; at least it's not very common in Europe. Usually (in Europe) ownership of code depends entirely on when you did the coding -- if it's on your own time you own the code. If it's when you're at work then obviously it's the company's code. Of course there are the usual caveats about "is it too closely related to…

Indeed. Example: In Germany you usually have some paragraphs on this in the (work) contract (there are a couple popular variations - there isn't much leeway provided by German law here, which is good). "We own everything you do" is definitely illegal in Germany, and also not put into work contracts (such a clause would be void anyway). The legal construction is basically that the employee grants an exclusive, irrevoc…

Post by ditonal » Sat, Dec 10, 2016, 2:36 AM UTC

maxxxxx wrote: post #70

vesak wrote: post #44

This is why programmers need unions! Or a guild. Or something! That employers totally dictate everything in a field that is in such high demand is absolutely unacceptable.

Most professionals have some kind of trade organization that sets standard. Doctors, laywers, many types of engineers. The problem is that programming is so attractive because the barrier for entry is so low that anybody can get into it without problems.

Post by [deleted] » Sat, Dec 10, 2016, 2:37 AM UTC

ImTalking wrote: post #89

alxmng wrote: post #65

> Not related to your employer’s line of work. Um, wait. What’s the definition of related? [...] I don’t know. It’s a big enough ambiguity that you could drive a truck through it. No, it's not that ambiguous at all. The courts rarely side with the company, and only in cases where it's quite obvious the work was directly related. If your side project isn't directly related to the work you are doing, then you don't nee…

You don't quite understand Joel's point. Regardless of whether you are legally right, a larger company could sue you for the sake of suing, and make your life very miserable. And if the fight continues and you run out of money, what then? I had exactly that thing. I was being bought-out and a small client decided (against the contract that they had signed) that the changes we had made to our mortgage broker commissio…

Post by noobhater1000 » Sat, Dec 10, 2016, 2:39 AM UTC

bdowling wrote: post #47

nostromo wrote: post #31

This is a good article, but the "let them eat cake"-iness of the last paragraph is pretty chilling. > the only way to gain independence is to be independent. Being an employee of a high tech company whose product is intellectual means that you have decided that you want to sell your intellectual output, and maybe that’s OK, and maybe it’s not, but it’s a free choice. I was hoping for a closing argument about how thou…

> Instead he seems to just be saying that employees that want to keep their side projects should just quit. I thought he was suggesting that employees take it as an opportunity to negotiate for higher salary, since the company will be buying all of their inventive output. Then they should just work 9-5 and enjoy their free time by relaxing instead of working on side projects. That seems like pretty reasonable advice,…