4 ms·

Why? There's an easy way to solve this problem: Go talk to your employer. The ones you might want to work for are reasonable: I'm not claiming IP rights for unr

Why? There's an easy way to solve this problem: Go talk to your employer. The ones you might want to work for are reasonable: I'm not claiming IP rights for unrelated side projects of employees. Now if you get into the area where you're dealing with trade secrets and patents on stuff that directly relates to your work, even if you write the code on the side, you'll probably run into trouble in a lot of jurisdictions. There's no way to effectively draw the line and say "oh, this small idea about the flux-compensator, I had that at work, but this great, patent-worthy-and-billion-dollar idea, that builds on my previous findings at work, that one, that totally came to me in my spare time (exactly at 08:01 pm, just as I stepped into my car)." That's the problems that these regulations try to tackle. It's imperfect, but hey, at least you're entitled to a fair compensation by the same law.

Nursie 13y ago
Talking to your employer solves nothing. Many times people will renege on verbal agreements to allow things, either because of inflated concerns about liability or competition, or simply out of ignorance or spite. I don't wish to exposed to those legal possibilities. It's just not acceptable to me.
- Xylakant 13y ago
  > Many times people will renege on verbal agreements to allow things, either because of inflated concerns about liability or competition, or simply out of ignorance or spite. That's what I meant with 'people you don't want to work for', especially the ones that act out of spite. I found all employers that I worked for in my career quite supportive, some would even allow me to work on the side projects during office time. > I don't wish to exposed to those legal possibilities. It's just not acceptable to me. Certainly your choice. Given that a lot of US employment contracts have clauses to the same effect I'd be curious what options remain. European law is fairly well standardized and I'd not be surprised if other european countries have laws to the same effect. Germany tends to be pretty employee friendly.
  - Nursie 13y ago
    And how do you tell ahead of time if someone's going to change their mind or go back on their verbal agreement? You can't. In the US I would at least be free not to sign such a contract, or demand the clause be removed. I'm in the UK and I wouldn't sign anything like that here either. I also don't believe we have anything like that in law, though I could be wrong. I know Germany (and much of the EU) are very employee friendly, which is why I find this so surprising, and frankly pretty outrageous.
    - Xylakant 13y ago
      > And how do you tell ahead of time if someone's going to change their mind or go back on their verbal agreement? You can't. Ok, sorry, I was unclear: Talk about it, come to an agreement and get that in writing. E-Mail as confirmation should be enough to move the burden of proof to the employer. > I know Germany (and much of the EU) are very employee friendly, which is why I find this so surprising, and frankly pretty outrageous. I'm not surprised. This certainly is an area that will get a lot of problematic cases. The law in germany not only contains the first right of the employer to certain inventions, it also stipulates fair compensation and guidelines about the correct process. I much prefer that over "let's battle that out in court." It's actually quite employee-friendly.
      - Nursie 13y ago
        I don't prefer that at all. If I'm doing something work related I do it at work and it belogs to them. If I'm not there and it's unrelated it's mine. Lawsuits need only occur when someone strays into the middle.

Nursie 13y ago

Talking to your employer solves nothing. Many times people will renege on verbal agreements to allow things, either because of inflated concerns about liability or competition, or simply out of ignorance or spite. I don't wish to exposed to those legal possibilities. It's just not acceptable to me.

Xylakant 13y ago
> Many times people will renege on verbal agreements to allow things, either because of inflated concerns about liability or competition, or simply out of ignorance or spite. That's what I meant with 'people you don't want to work for', especially the ones that act out of spite. I found all employers that I worked for in my career quite supportive, some would even allow me to work on the side projects during office time. > I don't wish to exposed to those legal possibilities. It's just not acceptable to me. Certainly your choice. Given that a lot of US employment contracts have clauses to the same effect I'd be curious what options remain. European law is fairly well standardized and I'd not be surprised if other european countries have laws to the same effect. Germany tends to be pretty employee friendly.
- Nursie 13y ago
  And how do you tell ahead of time if someone's going to change their mind or go back on their verbal agreement? You can't. In the US I would at least be free not to sign such a contract, or demand the clause be removed. I'm in the UK and I wouldn't sign anything like that here either. I also don't believe we have anything like that in law, though I could be wrong. I know Germany (and much of the EU) are very employee friendly, which is why I find this so surprising, and frankly pretty outrageous.
  - Xylakant 13y ago
    > And how do you tell ahead of time if someone's going to change their mind or go back on their verbal agreement? You can't. Ok, sorry, I was unclear: Talk about it, come to an agreement and get that in writing. E-Mail as confirmation should be enough to move the burden of proof to the employer. > I know Germany (and much of the EU) are very employee friendly, which is why I find this so surprising, and frankly pretty outrageous. I'm not surprised. This certainly is an area that will get a lot of problematic cases. The law in germany not only contains the first right of the employer to certain inventions, it also stipulates fair compensation and guidelines about the correct process. I much prefer that over "let's battle that out in court." It's actually quite employee-friendly.
    - Nursie 13y ago
      I don't prefer that at all. If I'm doing something work related I do it at work and it belogs to them. If I'm not there and it's unrelated it's mine. Lawsuits need only occur when someone strays into the middle.