4 ms·

Who is signing away code they write in their own time? If you do that then that's your fault. It's not normal at all.

tom_ 8y ago
It's been a clause in every employment contract I've been given. I signed the first one, because I wanted the job; the second company folded between my signing and the start date, so it was moot; I didn't sign the third contract at all, but I worked there for 7 years, which apparently is tantamount to acceptance :( Some companies have put this clause in contracts for shorter-term project-based contract work, but I've just crossed it out, generally with no pushback.
- cimmanom 8y ago
  I've been able to negotiate a rephrasing of this in every contract I've been presented with that contains it. What you're willing to give the company is probably the same as what's really important to them: rights to IP you create in the course of your work for the company or during work hours or using company resources. There are ways to phrase this such that - if you're a reasonably desirable hire - the vast majority of HR departments will be willing to substitute for the blanket terms. If you're not sure how to negotiate this, explain that as an example you want to be able to continue to manage the website for your rotary club / kids scout program / whatever; and that the current phrasing would give the company the rights to that website, which there's no reason they'd want, and prevent you from giving back to your community.
sidlls 8y ago
It's very common for employment contracts to include that. Some states disallow such clauses but not all.
- nitely 8y ago
  I think parent means that even if you "sign a contract assigning all IP to their employer", you can still write OSS code in your free time, since there is no way your employer will find out, and even if they do, they've no way to prove you wrote it, except if you "sign it", which no one does.

tom_ 8y ago

It's been a clause in every employment contract I've been given. I signed the first one, because I wanted the job; the second company folded between my signing and the start date, so it was moot; I didn't sign the third contract at all, but I worked there for 7 years, which apparently is tantamount to acceptance :( Some companies have put this clause in contracts for shorter-term project-based contract work, but I've just crossed it out, generally with no pushback.

cimmanom 8y ago
I've been able to negotiate a rephrasing of this in every contract I've been presented with that contains it. What you're willing to give the company is probably the same as what's really important to them: rights to IP you create in the course of your work for the company or during work hours or using company resources. There are ways to phrase this such that - if you're a reasonably desirable hire - the vast majority of HR departments will be willing to substitute for the blanket terms. If you're not sure how to negotiate this, explain that as an example you want to be able to continue to manage the website for your rotary club / kids scout program / whatever; and that the current phrasing would give the company the rights to that website, which there's no reason they'd want, and prevent you from giving back to your community.

sidlls 8y ago

It's very common for employment contracts to include that. Some states disallow such clauses but not all.

nitely 8y ago
I think parent means that even if you "sign a contract assigning all IP to their employer", you can still write OSS code in your free time, since there is no way your employer will find out, and even if they do, they've no way to prove you wrote it, except if you "sign it", which no one does.