Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
@nixCraft I think the key phrase here is "If they relate to, could be useful to, or arise from the company's current or anticipated business."
Pretty sure a tabletop RPG management app doesn't related to your employment...
But my response would be "Well then run it through legal because I'm not signing it over."
The whole thing is bullshit, since when does an employer have a right to ANYTHING that took place before employment?
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@nixCraft open source licenses are joint licenses, so one can "hand over", yet that has no effect on anyone else. What they want is ownership over any future contribution, and since those have to comply with the license. That's a reason the GPL was created in the 1980s.
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
i'd talk to a lawyer but from my experience, no they can't. the purpose of enumerating prior art is exactly so they *can't* claim ownership of your prior work and you can't claim ownership of work you do for them once you're working for them.
lawyers love to put things in contracts that are blatant overreach in the hopes you'll just sign it. they are used to redlines to cut out such stuff too.
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
@nixCraft Refuse to sign and tender your resignation. Start shopping your resume yesterday.
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
@nixCraft Well, as this non-attorney understands it, a copyright’s ownership can be transferred by written agreement. (Usually, there’s payment.) If I’m correct, then they can certainly ask. But, all those who licensed from you before still have their license.
Any way, they can ask. Asking, though, might be a red flag. After all if you leave their employment they will not give you back your copyright.
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@nixCraft Seems to me it wouldn't be included because it doesn't pertain (and couldn't) to the company's business.
They included the vague and ill defined "or anticipated".
It's a bad contract and shouldn't hold up in court (if the court was reasonable), even if you weren't being pressured to sign under duress.
It's certainly not standard and I would never sign something like this.
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@nixCraft Refuse to sign and tender your resignation. Start shopping your resume yesterday.
Don't resign, let them fire you. They're in the wrong here. Don't do their dirty work for them.
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In my opinion it's only acceptable for software written during your employment directly relating to your work there. And even then it should have been in your employment contract.
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
@nixCraft name it! Name it! Name it! Name it!
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@nixCraft they can ask for whatever they want.
It's our job to say no.
I have had many high-level jobs and always negotiated my IP agreements.
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Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Can your employer force you to hand over open source software you created before they hired you?
@nixCraft
Talk to union?
