3 ms·

IANAL , but I believe in this case the offence would be in the creation and distribution of this content not necessarily in owning the IP. Otherwise you could

by jiggy2011 14y ago

IANAL , but I believe in this case the offence would be in the creation and distribution of this content not necessarily in owning the IP. Otherwise you could technically make the same argument about instagram for example.

mgkimsal 14y ago
nothing said about distributing it, although I see your point on the creation of it. But I'm not sure I'd be able to make that distinction about anything else valuable - "well, company x, you might 'own' this, but I created it and can do whatever I want with it". They want the benefits without any risks - ain't gonna happen. Well... I say that, but I think everyone might have their price. I've got mine, and yes, sure, would I sign away all my IP created during employment for $x? yes, but no one has yet come close to that $x in job offers I get.
- jiggy2011 14y ago
  Employment contracts are almost always written to supply as many benefits to the employer and mitigate as many risks as possible. The worst case scenario for them is that they find out that certain clauses are not enforceable. In reality I imagine it is often known that some may be unenforceable but they are added anyway on the basis that the employee doesn't know this.
  - mgkimsal 14y ago
    One of the few things I've learned over the last 10 years or so is to be much bolder in work/job relationships. If I see something in a contract that is too one-sided, I strike it out and bring it up and say "I'm not agreeing to that". Will I sign a contract with, say, a 5 year non-compete (even assuming the non-compete is enforceable)? Generally no, unless there's a huge compensation package tied to make up for the time when I can't use my knowledge in the market. Would I sign one with a 3-6 month non-compete? Probably. 15 years ago I'd sign anything. Today, not so much.
    - jiggy2011 14y ago
      This is true, many people don't realise that contract terms are technically negotiable in the same way that salary and things are.
  - gte910h 14y ago
    In GA the constitution USED to be written such that unenforceable contracts, especially unenforceable employment contracts, were void in their entirety. They sadly passed an amendment to remove that :O(
    - andybak 14y ago
      Is GA something to do with a US state? Please spell these things out in full. It's only a few extra characters and it helps the rest of us pretend this site is global.
      - alphast0rm 14y ago
        You are correct sir, GA is the 2-letter abbreviation for the state of Georgia.
      - gte910h 14y ago
        Spelling it out does not disambiguate it, as there is a country named that as well. GA is oddly enough likely more specific, even if harder to decode, than Georgia. The country is abbreviated GE.

mgkimsal 14y ago

nothing said about distributing it, although I see your point on the creation of it. But I'm not sure I'd be able to make that distinction about anything else valuable - "well, company x, you might 'own' this, but I created it and can do whatever I want with it". They want the benefits without any risks - ain't gonna happen. Well... I say that, but I think everyone might have their price. I've got mine, and yes, sure, would I sign away all my IP created during employment for $x? yes, but no one has yet come close to that $x in job offers I get.

jiggy2011 14y ago
Employment contracts are almost always written to supply as many benefits to the employer and mitigate as many risks as possible. The worst case scenario for them is that they find out that certain clauses are not enforceable. In reality I imagine it is often known that some may be unenforceable but they are added anyway on the basis that the employee doesn't know this.
- mgkimsal 14y ago
  One of the few things I've learned over the last 10 years or so is to be much bolder in work/job relationships. If I see something in a contract that is too one-sided, I strike it out and bring it up and say "I'm not agreeing to that". Will I sign a contract with, say, a 5 year non-compete (even assuming the non-compete is enforceable)? Generally no, unless there's a huge compensation package tied to make up for the time when I can't use my knowledge in the market. Would I sign one with a 3-6 month non-compete? Probably. 15 years ago I'd sign anything. Today, not so much.
  - jiggy2011 14y ago
    This is true, many people don't realise that contract terms are technically negotiable in the same way that salary and things are.
- gte910h 14y ago
  In GA the constitution USED to be written such that unenforceable contracts, especially unenforceable employment contracts, were void in their entirety. They sadly passed an amendment to remove that :O(
  - andybak 14y ago
    Is GA something to do with a US state? Please spell these things out in full. It's only a few extra characters and it helps the rest of us pretend this site is global.
    - alphast0rm 14y ago
      You are correct sir, GA is the 2-letter abbreviation for the state of Georgia.
    - gte910h 14y ago
      Spelling it out does not disambiguate it, as there is a country named that as well. GA is oddly enough likely more specific, even if harder to decode, than Georgia. The country is abbreviated GE.