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Generally, when an employer owns your "inventions", this only applies to "inventions" created while using the employer's resources. Most employement contracts w

Generally, when an employer owns your "inventions", this only applies to "inventions" created while using the employer's resources. Most employement contracts will make it sound like they own every waking thought, but in most cases when this has been taken to court, the precedent has been set, that it really only applies to inventions or ideas that happen in relation to and using employer's resources. So this means that an employer can argue they own software that you build: - On a company-issued computer - Using contacts you garnered through work - On company time (this is complicated for salary employees, but definitely applies to time in the office, or standard business hours when you are expected to be working) - Work collaborated on with other co-workers Now I should clarify, I am not a lawyer. None of this is legal advice, yada yada... But generally you can work on side projects and skirt around intellectual property clauses as long as you make sure to distinguish work time and work resources from your personal projects. The biggest thing is to avoid doing it while at work (or when expected to be actively working if you are remote), and avoid using a company computer or piggybacking off company resources (for example making a sub-account in your employer's CI/CD tool to run tests for your software). So make sure you have seperate accounts for everything, avoid doing it on company time, and use a personal computer (not a work-issued computer) and you should be absolutely fine with working on a side project.

adventured 7y ago
> Most employement contracts will make it sound like they own every waking thought, but in most cases when this has been taken to court, the precedent has been set, that it really only applies to inventions or ideas that happen in relation to and using employer's resources. A simple example of this that I like to point out to people in tech to help them understand that an employer doesn't inherently own your soul, is picture yourself starting a Pizza Hut franchise (convenience store, or anything equivalent) strictly on your own time and dime entirely outside of work. Does your employer get to own that business, get to take it away from you, just because you work for them 9 to 5? Nope and it sounds particularly absurd when you frame it with something more traditional. Or imagine starting a real-estate renovation business, where you renovate houses in your own spare time; same thing, does IBM get to own your house renovation business just because you pull 9-5 for them? Hell no they don't. The only serious risk difference re starting tech businesses (vs other traditional businesses) while working in tech is in cases of competitive issues if you start something directly in the employer's wheelhouse. Then you better lawyer up well ahead of time and navigate it very carefully.
- m_ke 7y ago
  But it's really more like starting your own fast food franchise while working on a business team at Pizza Hut. It's an IP issue and could be a conflict of interest.

adventured 7y ago

> Most employement contracts will make it sound like they own every waking thought, but in most cases when this has been taken to court, the precedent has been set, that it really only applies to inventions or ideas that happen in relation to and using employer's resources. A simple example of this that I like to point out to people in tech to help them understand that an employer doesn't inherently own your soul, is picture yourself starting a Pizza Hut franchise (convenience store, or anything equivalent) strictly on your own time and dime entirely outside of work. Does your employer get to own that business, get to take it away from you, just because you work for them 9 to 5? Nope and it sounds particularly absurd when you frame it with something more traditional. Or imagine starting a real-estate renovation business, where you renovate houses in your own spare time; same thing, does IBM get to own your house renovation business just because you pull 9-5 for them? Hell no they don't. The only serious risk difference re starting tech businesses (vs other traditional businesses) while working in tech is in cases of competitive issues if you start something directly in the employer's wheelhouse. Then you better lawyer up well ahead of time and navigate it very carefully.

m_ke 7y ago
But it's really more like starting your own fast food franchise while working on a business team at Pizza Hut. It's an IP issue and could be a conflict of interest.