4 ms·
Yes, draconian IP agreements suck! What can you do about it (if you live outside of California)? Your key weapon here is knowledge. Specifically, the fact th
by cellularmitosis 10y ago
Yes, draconian IP agreements suck!
What can you do about it (if you live outside of California)?
Your key weapon here is knowledge. Specifically, the fact that California Labor Code section 2870 exists.
"...shall not apply to an
invention that the employee developed entirely on his or her own time..."
Here's what you should do to avoid draconian IP clauses:
* Print out a copy of 2870 and bring it with you when you go to sign your job offer http://webcache.googleusercontent.com/search?q=cache:3qLjxOotB98J:www.leginfo.ca.gov/cgi-bin/displaycode%3Fsection%3Dlab%26group%3D02001-03000%26file%3D2870-2872+&cd=2&hl=en&ct=clnk&gl=us http://webcache.googleusercontent.com/search?q=cache:3qLjxOo...
* Read your contract. If you don't see similar wording in their contract, hand them your copy of 2870 and ask it to be added to the contract.
* If they try to push back, calmly explain that every resident of California gets this "for free". If Google, Facebook, etc employees all get this, why shouldn't you?
* Be prepared to walk if they refuse.
But what if you're already in a job which has draconian IP clauses?
* Try bringing 2870 to the table the next time you are negotiating for a raise or promotion.
* If you are cheeky, go get a job offer from a competitor, and highlight the fact that they are willing to offer you 2870.
But the best thing you can do is to spread the word about 2870! If enough of us demand this, eventually it will be such a hassle (for employers outside of California) that no one will bother trying to trick their employees into draconian IP clauses.
I should give a hat-tip here to my former employer, uShip (Austin, TX). They include this clause by default for all devs, and I'll make sure I ask for 2870 at every future job.