4 ms·

Not in California; we have a state law that specifically addresses (and forbids) this kind of behavior by companies. I'll let a poster over at the OP speak for

by sabat 16y ago

Not in California; we have a state law that specifically addresses (and forbids) this kind of behavior by companies. I'll let a poster over at the OP speak for me: California is one state where their policy is NOT enforceable as far as their ownership. They may fire you over it but they won't own your work.

alok-g 16y ago
Read this again, maybe twice. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2870-2872 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3... Then read your employment contract that you may have signed. It often contains legal terms like "work for hire", etc. that have explicit definitions. Make sure you read your contract after understanding these definitions. The portions that are not easily enforceable include the following: You contract may state that the agreement will continue to apply up to six months or one year after you terminate your employment. This provision is generally included by employers so as to prevent employees from coming up with patentable ideas or creating copyrightable works (like software) and "then" terminating their employment pretending none of that happened. Under that scenario, the IP you generate does indeed belong to the company. On the other hand, if you start your work and develop IP strictly after terminating your employment, court will not honor "non-compete" clauses. This are designed to protect employees who are most likely to continue working in areas of their expertise, which is likely the same as what they were working on while they were employed. Reason for edit: Fixed some typos.
- sabat 16y ago
  The law specifically says that a company cannot claim to own your private work except under very specific conditions. If you, for instance, work for Zynga and develop a game that is very much modelled after a Zynga game, then Zynga has a case. If you develop a CRM for Patent Attorneys, Zynga has no case -- unless you developed the CRM while at work at Zynga. Under that scenario, the IP you generate does indeed belong to the company. Only if the "IP" falls under very specific guidelines. Writing an MMORPG at home while working at Zynga? No, Zynga can't claim squat. You don't need to wait to terminate employment in order to work on projects at home.
  - alok-g 16y ago
    I wrote this on another comment of yours. This would be great. How can I confirm this?

by sabat 16y ago

alok-g 16y ago

Read this again, maybe twice. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2870-2872 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#3... Then read your employment contract that you may have signed. It often contains legal terms like "work for hire", etc. that have explicit definitions. Make sure you read your contract after understanding these definitions. The portions that are not easily enforceable include the following: You contract may state that the agreement will continue to apply up to six months or one year after you terminate your employment. This provision is generally included by employers so as to prevent employees from coming up with patentable ideas or creating copyrightable works (like software) and "then" terminating their employment pretending none of that happened. Under that scenario, the IP you generate does indeed belong to the company. On the other hand, if you start your work and develop IP strictly after terminating your employment, court will not honor "non-compete" clauses. This are designed to protect employees who are most likely to continue working in areas of their expertise, which is likely the same as what they were working on while they were employed. Reason for edit: Fixed some typos.

sabat 16y ago
The law specifically says that a company cannot claim to own your private work except under very specific conditions. If you, for instance, work for Zynga and develop a game that is very much modelled after a Zynga game, then Zynga has a case. If you develop a CRM for Patent Attorneys, Zynga has no case -- unless you developed the CRM while at work at Zynga. Under that scenario, the IP you generate does indeed belong to the company. Only if the "IP" falls under very specific guidelines. Writing an MMORPG at home while working at Zynga? No, Zynga can't claim squat. You don't need to wait to terminate employment in order to work on projects at home.
- alok-g 16y ago
  I wrote this on another comment of yours. This would be great. How can I confirm this?