4 ms·
I'm somewhat surprised by how many people are focusing only on who owns the IP. You are now in a negotiation, and so "what can I ask for" is largely determined
by benkuhn 7y ago
I'm somewhat surprised by how many people are focusing only on who owns the IP.
You are now in a negotiation, and so "what can I ask for" is largely determined by "what is the BATNA,"[1] i.e. what happens if you and your company fail to reach a mutually acceptable compromise and start acting purely in your own respective self-interests.
This will partly come down to legal issues (can the company take over the IP from you), but for an open source company, I would speculate that reputational issues from a "hostile takeover" of another OSS project could change the calculus substantially. If the company takes over the project by force, and you publicize the fact that they did this via the IP clause of your employment contract (which most developers regard as somewhat evil), that doesn't seem fun for their PR team. Even worse if you'd be able to fork the project.
Of course, this depends a lot on the details of your situation, so you should definitely find someone to talk through the details with who is good at negotiating. Just not sure if a lawyer is the best/only person to talk to.
[1]: https://en.wikipedia.org/wiki/Best_alternative_to_a_negotiated_agreement https://en.wikipedia.org/wiki/Best_alternative_to_a_negotiat...