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Even if Zenimax is claiming to own John Carmack's work, under what supposition do they make the claim that they own the knowledge in his head. Assuming he did n

Even if Zenimax is claiming to own John Carmack's work, under what supposition do they make the claim that they own the knowledge in his head. Assuming he did not break a non-comptet e clause, how is it that they can claim that because he gained knowledge of how VR systems work, while working for them that they own that knowledge in his head? I understand typical IP policies, that they definitely own any code he wrote and are capable of patenting ideas generated by him in that work. This seems to step beyond that however (if indeed he used no code from id software at oculus). Perhaps I am being naive, but as a software developer, this seems to me that they are attempting to set a dangerously non-competitive precedent. Under this logic, because I learned how to do advanced SQL queries over an internship (assuming a similar IP policy), I could never write SQL for any other company. That is a much simplified analogy and is likely missing some specifics, but I would honestly like to know the basis for this type of lawsuit.

Patrick_Devine 12y ago
I'd really doubt a non-compete would be applicable in this case. Id has shown no signs of creating a VR headset, which was the reason why Carmack left in the first place. In California (I have no idea about Texas), if Carmack worked on Occulus in his own time (ie. not at work), on his own equipment with software which was not owned by Id, then they would have absolutely no claim to anything written by him, regardless of whether there was an agreement in place. The code he wrote would be his own. They are, of course, welcome to sue him, but they're most likely going to lose unless they can prove he acted inappropriately. My guess is given Facebook's deep pockets, they're willing to take the risk, but I'm not sure I'd want to be up against that legal team.
- clavalle 12y ago
  This is one area where Texas comes through for employees. Non-competes are almost unenforceable here and if he didn't actually write anything that was used with their equipment or during normal work hours at the office he's likely in good shape.
- xsmasher 12y ago
  > In California (I have no idea about Texas), if Carmack worked on Occulus in his own time (ie. not at work), on his own equipment with software which was not owned by Id, then they would have absolutely no claim to anything written by him, regardless of whether there was an agreement in place. Citation for this? I know California law forbids noncompetes that restrict where you can find employment, but does it invalidate Intellectual property agreements too? EDIT: Nevermind, found it and you are right. LABOR CODE, SECTION 2870-2872 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&gr... There is an exception for works that "Relate [...] to the employer's business". That's probably what the lawsuit will hinge on.

Patrick_Devine 12y ago

I'd really doubt a non-compete would be applicable in this case. Id has shown no signs of creating a VR headset, which was the reason why Carmack left in the first place. In California (I have no idea about Texas), if Carmack worked on Occulus in his own time (ie. not at work), on his own equipment with software which was not owned by Id, then they would have absolutely no claim to anything written by him, regardless of whether there was an agreement in place. The code he wrote would be his own. They are, of course, welcome to sue him, but they're most likely going to lose unless they can prove he acted inappropriately. My guess is given Facebook's deep pockets, they're willing to take the risk, but I'm not sure I'd want to be up against that legal team.

clavalle 12y ago
This is one area where Texas comes through for employees. Non-competes are almost unenforceable here and if he didn't actually write anything that was used with their equipment or during normal work hours at the office he's likely in good shape.
xsmasher 12y ago
> In California (I have no idea about Texas), if Carmack worked on Occulus in his own time (ie. not at work), on his own equipment with software which was not owned by Id, then they would have absolutely no claim to anything written by him, regardless of whether there was an agreement in place. Citation for this? I know California law forbids noncompetes that restrict where you can find employment, but does it invalidate Intellectual property agreements too? EDIT: Nevermind, found it and you are right. LABOR CODE, SECTION 2870-2872 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&gr... There is an exception for works that "Relate [...] to the employer's business". That's probably what the lawsuit will hinge on.