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United Wizards of the Coast

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Re: United Wizards of the Coast

#21

Post by littlecranky67 »

iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

This is common in Germany at least in the scope of patents and inventions. That is, if you make any invention at have it patented or market it outside of your job, your employer owns that patent and the profits ("Arbeitnehmererfindungen"). Luckily, a slow beaurocratic government works sometimes in our favour, as they never updates the law to apply to software, and software is not patentable in Germany or the EU - so we can work on side projects in software without that affecting us. But if you are a mechanical engineer, you are screwed.

Re: United Wizards of the Coast

#22

Post by satvikpendem »

glasss wrote: post #2

Great to see! I think unions should be the default for most situations.

I wonder why in America it doesn't happen in the tech sector for devs specifically (as there is Alphabet Workers Union), beyond the typical reasons of American anti union sentiment like corporatism, bootstrap mentality etc, despite which there are many unions in the US like UAW, police and teachers unions etc.

For tech, it's largely a different set of reasons, like high wages, no real grievances per se, and the ease of transferring to other companies, plus the work is all virtual so there is no reason why companies cannot outsource to another area where the union has no power, if the workers are just on their computers for work anyway. This latter reason is actually exactly why Netflix is investing heavily in South Korean productions.

Re: United Wizards of the Coast

#23

Post by stego-tech »

iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

Can't speak for creative fields, but it's remarkably common in tech. It was tolerable when wages meant we could afford rent or possibly a home and job security was excellent, but that's no longer the case, and thus folks are starting to push back on that excessive overreach.

See also "anti-moonlighting" and "anti-social media" clauses. Hell, I've seen the odd story of folks being fired/disciplined for their dating profiles before. If the government doesn't tell them no, companies will take every inch they can get.

Re: United Wizards of the Coast

#24

Post by cbarrick »

iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

Google has a similar clause in their employee contracts. I assume most tech companies do.

That doesn't mean it is enforceable, though.

Re: United Wizards of the Coast

#25

Post by tristor »

iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

Unfortunately IP assignment agreements are very common, even in non-creative roles and fields. Many many many companies have overly-broad employment agreements in the US, mostly because they know few people will challenge it and that the legal protections for workers are basically nothing. I personally will never sign an IP assignment agreement that isn't explicitly scoped to apply only to work hours and company-provided equipment. What I do on my own time with my own equipment is my own business.

Re: United Wizards of the Coast

#26

Post by paulddraper »

drob518 wrote: post #9
iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

Most employment agreements for tech companies have a clause that says that the employer owns everything you do while you’re working for them. And if you’re on salary, as opposed to working by the hour, there really is no “free time.” In practice no company is going to go after you for anything that is non-competitive, and doubly so if it’s also open source work. But yea, if you’re inventing competitive products in yo…

The relevance isn’t wholly work hours but rather “work for hire,” I.e. if it’s in the scope of your paid responsibilities.

A handful of states including California disallow this condition.

Re: United Wizards of the Coast

#27

Post by eloisant »

mort96 wrote: post #10
iwhalen wrote: post #4

From the full letter[1]: > Our Free Time is Our Own: Currently, if an employee makes anything creative in their free time, with their own resources, Hasbro may claim ownership. What we do in our free time should not be dictated by the company; neither should what we make in our free time be owned by the company. How common is this in creative fields? From my perspective this seems outlandish. Imagine doing FOSS work…

I've seen it in a couple software developer contracts here in Norway. I find it despicable and have always gotten it removed from any contract before signing. I don't get why it's even legal to have in contracts. I certainly hope it's unenforceable.

It depends on the juridiction, it might not be legal or enforceable in Norway but it definitely is at least in California.

There is the famous lawsuit of Mattel suing Bratz, on the basis that the Bratz creator started to work on his new dolls while being employed by Mattel.

I'm not sure how it ended, but it wasn't dismissed right away and they spent years in court.

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