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1. Why would the company care what he does in his free time? Assuming he is not using company IP or working on company time, it should be completely up to him.

1. Why would the company care what he does in his free time? Assuming he is not using company IP or working on company time, it should be completely up to him. Sure, the company will not want him to suddenly leave to launch his company, but the way to combat that is by making the position more attractive, and screening for it when hiring. The American view on labour seems quite similar to slavery.

downrightmike 7y ago
Wage slave is a real thing.
ilaksh 7y ago
He explicitly stated that the contract is inclusive of that context.
- Grustaf 7y ago
  Sure, but my point is that this is pointless, absurd and immoral. And probably not enforceable.
jt2190 7y ago
The simple answer is that the employer needs a clear picture of what they own. Let’s say you’re a scientist. Your employer sets you up in a lab (that you could never afford on your own) and gives you the task of solving a problem that, if solved, would be worth millions to the company. One night you go home thinking about the tough problem. The next morning at home you have a shower and suddenly you realize the solution! Who owns the solution? Did you solve it by yourself? Can you now take the solution and launch your own company? If the company puts itself up for sale can they claim ownership of the solution? This is why in the U.S. these “the company owns everything while you’re our employee” clauses exist. Consider them legal laziness: It’s easier to declare ownership of everything than it is to negotiate with every employee over who owns what under what circumstance. Edit: These clauses are enough to take to trial. At the very least a deep-pocketed employer can scare off investors from investing in the employee.
- Grustaf 7y ago
  Clearly anything related to company IP belongs to the company, even if you come up with it in the evening. I am of course talking about innovations or just work done in unrelated areas, while employed. The idea that an employer owns everything you create is offensive to human dignity and happily that is not how it works in Europe. You are even encouraged to start your own company, in some countries you have a legally enshrined right to take a LOA for six months and work on your business, and then come back to your old employer.

downrightmike 7y ago

Wage slave is a real thing.

ilaksh 7y ago

He explicitly stated that the contract is inclusive of that context.

Grustaf 7y ago
Sure, but my point is that this is pointless, absurd and immoral. And probably not enforceable.

jt2190 7y ago

The simple answer is that the employer needs a clear picture of what they own. Let’s say you’re a scientist. Your employer sets you up in a lab (that you could never afford on your own) and gives you the task of solving a problem that, if solved, would be worth millions to the company. One night you go home thinking about the tough problem. The next morning at home you have a shower and suddenly you realize the solution! Who owns the solution? Did you solve it by yourself? Can you now take the solution and launch your own company? If the company puts itself up for sale can they claim ownership of the solution? This is why in the U.S. these “the company owns everything while you’re our employee” clauses exist. Consider them legal laziness: It’s easier to declare ownership of everything than it is to negotiate with every employee over who owns what under what circumstance. Edit: These clauses are enough to take to trial. At the very least a deep-pocketed employer can scare off investors from investing in the employee.

Grustaf 7y ago
Clearly anything related to company IP belongs to the company, even if you come up with it in the evening. I am of course talking about innovations or just work done in unrelated areas, while employed. The idea that an employer owns everything you create is offensive to human dignity and happily that is not how it works in Europe. You are even encouraged to start your own company, in some countries you have a legally enshrined right to take a LOA for six months and work on your business, and then come back to your old employer.