5 ms·

this is an absurd agreement, i have never heard of something like this in germany. Is this common in other countries?

maerF0x0 10y ago
I have heard its common in Canada too
nraynaud 10y ago
In France I had a separation in my contract, but I had to disclose and propose to sell my inventions to my employer first.
chiph 10y ago
US employee here - I've signed one (plus a patents & inventions at one firm) at every firm I've worked at since 2000 or so. Thus far any side projects haven't been a problem for them, as I have made sure to target a different industry. But legally, they could have enforced the contract and taken possession of my code.
- jasoncchild 10y ago
  Some employers allow a waiver against IP ownership of existing side projects related to the industry.
- mindcrime 10y ago
  But legally, they could have enforced the contract and taken possession of my code. Not necessarily. Depending on what state you live in, there's a good chance that agreement would violate state law and would be unenforceable.
  - maxxxxx 10y ago
    Even winning a lawsuit costs a lot of money and stress. Unless there is a law that makes courts throw out frivolous lawsuits immediately the employer with lawyers on staff still can make your life very difficult
    - mindcrime 10y ago
      No doubt. I'm certainly not claiming the current situation is ideal. Just pointing out that it's not always as bad as people think.
q3r3qr3q 10y ago
Wait until you hear about non-compete agreements and such.
codingdave 10y ago
It is common in the US, yes. I've signed a few over the years. I always check the wording of the restrictions to be sure my side projects are clear. And most of the time, the legal counsel for your employer will let you explicitly add on projects as being excluded form the agreement, so you can continue to work on open source projects or prior inventions without having to worry about it. I definitely recommend that people consult an attorney if they are concerned about the specifics of their own contract. The details of each situation can be quite different.
elt0n 10y ago
Seems to be the case in France as well, i.e, devs don't own their side projects.
imafish 10y ago
Have heard of this happening in Denmark also but never experienced it myself.

I have heard its common in Canada too

In France I had a separation in my contract, but I had to disclose and propose to sell my inventions to my employer first.

chiph 10y ago

US employee here - I've signed one (plus a patents & inventions at one firm) at every firm I've worked at since 2000 or so. Thus far any side projects haven't been a problem for them, as I have made sure to target a different industry. But legally, they could have enforced the contract and taken possession of my code.

jasoncchild 10y ago
Some employers allow a waiver against IP ownership of existing side projects related to the industry.
mindcrime 10y ago
But legally, they could have enforced the contract and taken possession of my code. Not necessarily. Depending on what state you live in, there's a good chance that agreement would violate state law and would be unenforceable.
- maxxxxx 10y ago
  Even winning a lawsuit costs a lot of money and stress. Unless there is a law that makes courts throw out frivolous lawsuits immediately the employer with lawyers on staff still can make your life very difficult
  - mindcrime 10y ago
    No doubt. I'm certainly not claiming the current situation is ideal. Just pointing out that it's not always as bad as people think.

q3r3qr3q 10y ago

Wait until you hear about non-compete agreements and such.

codingdave 10y ago

It is common in the US, yes. I've signed a few over the years. I always check the wording of the restrictions to be sure my side projects are clear. And most of the time, the legal counsel for your employer will let you explicitly add on projects as being excluded form the agreement, so you can continue to work on open source projects or prior inventions without having to worry about it. I definitely recommend that people consult an attorney if they are concerned about the specifics of their own contract. The details of each situation can be quite different.

elt0n 10y ago

Seems to be the case in France as well, i.e, devs don't own their side projects.

imafish 10y ago

Have heard of this happening in Denmark also but never experienced it myself.