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One thing about California is that state law explicitly says anything developed on your own time with your own equipment is yours (obvious conflicts with your e

One thing about California is that state law explicitly says anything developed on your own time with your own equipment is yours (obvious conflicts with your employer aside). Every employment contract I have seen outside of California has said something to the effect that anything you develop, no matter whose time and equipment is used, or relevance to your job or employer belongs to them. Even if you worked for a software company, coming up with new cat food would belong to them. Many times there is also a non-compete but at least some states require payment during the non-compete period. This lack of "friction" in California makes for a more vibrant scene in starting companies and getting people to join.

wccrawford 15y ago
It's not hard to find a contract that only gives them rights to things that are relevant to their interests. Mine lets me have anything that isn't relevant. Of course I'd prefer to keep anything I think of on my own time, but proving that it was on my own time is nearly impossible, and I think this provides them some protection against assholes. And I have no interest in competing against my employer anyhow.
georgemcbay 15y ago
Virtually every employment contract I have seen even inside California is extremely biased towards the company owning everything. It is just that in most cases that contract isn't enforceable, even if you sign it.
mgkimsal 15y ago
"Even if you worked for a software company, coming up with new cat food would belong to them." As would any terrorist plans or child porn. This has come up a couple times in contracts with employers in the past, and I tell them they really don't want to own everything I develop, and I've had that clause struck from a contract with a bit of pushing.
- rogerbinns 15y ago
  I've encountered several contracts in California where they ask you to list everything you created outside of the company. The implication is that anything you don't list was then created while working for the company and hence implicitly owned by them. They explained the provision is for my benefit. I finally just started putting in "Numerous past and future works identified with my personal copyright".

wccrawford 15y ago

It's not hard to find a contract that only gives them rights to things that are relevant to their interests. Mine lets me have anything that isn't relevant. Of course I'd prefer to keep anything I think of on my own time, but proving that it was on my own time is nearly impossible, and I think this provides them some protection against assholes. And I have no interest in competing against my employer anyhow.

georgemcbay 15y ago

Virtually every employment contract I have seen even inside California is extremely biased towards the company owning everything. It is just that in most cases that contract isn't enforceable, even if you sign it.

mgkimsal 15y ago

"Even if you worked for a software company, coming up with new cat food would belong to them." As would any terrorist plans or child porn. This has come up a couple times in contracts with employers in the past, and I tell them they really don't want to own everything I develop, and I've had that clause struck from a contract with a bit of pushing.

rogerbinns 15y ago
I've encountered several contracts in California where they ask you to list everything you created outside of the company. The implication is that anything you don't list was then created while working for the company and hence implicitly owned by them. They explained the provision is for my benefit. I finally just started putting in "Numerous past and future works identified with my personal copyright".