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  3. Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there

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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  • nixcraft@mastodon.socialN nixcraft@mastodon.social

    Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there

    https://www.reddit.com/r/legaladvice/comments/1w89suz/employer_wants_me_to_sign_an_ip_agreement_saying/

    Can your employer force you to hand over open source software you created before they hired you?

    galacticstone@mastodon.socialG This user is from outside of this forum
    galacticstone@mastodon.socialG This user is from outside of this forum
    galacticstone@mastodon.social
    wrote sidst redigeret af
    #25

    @nixCraft Refuse to sign and tender your resignation. Start shopping your resume yesterday.

    mcv@friendica.opensocial.spaceM 1 Reply Last reply
    0
    • nixcraft@mastodon.socialN nixcraft@mastodon.social

      Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there

      https://www.reddit.com/r/legaladvice/comments/1w89suz/employer_wants_me_to_sign_an_ip_agreement_saying/

      Can your employer force you to hand over open source software you created before they hired you?

      pomcountyirregs@mstdn.socialP This user is from outside of this forum
      pomcountyirregs@mstdn.socialP This user is from outside of this forum
      pomcountyirregs@mstdn.social
      wrote sidst redigeret af
      #26

      @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.

      1 Reply Last reply
      0
      • lacey@mastodon.gamedev.placeL lacey@mastodon.gamedev.place

        @nixCraft Seems to me it wouldn't be included because it doesn't pertain (and couldn't) to the company's business.

        mcv@friendica.opensocial.spaceM This user is from outside of this forum
        mcv@friendica.opensocial.spaceM This user is from outside of this forum
        mcv@friendica.opensocial.space
        wrote sidst redigeret af
        #27

        @Lacey @nixCraft

        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.

        lacey@mastodon.gamedev.placeL 1 Reply Last reply
        0
        • galacticstone@mastodon.socialG galacticstone@mastodon.social

          @nixCraft Refuse to sign and tender your resignation. Start shopping your resume yesterday.

          mcv@friendica.opensocial.spaceM This user is from outside of this forum
          mcv@friendica.opensocial.spaceM This user is from outside of this forum
          mcv@friendica.opensocial.space
          wrote sidst redigeret af
          #28

          @galacticstone @nixCraft

          Don't resign, let them fire you. They're in the wrong here. Don't do their dirty work for them.

          1 Reply Last reply
          0
          • mcv@friendica.opensocial.spaceM mcv@friendica.opensocial.space

            @Lacey @nixCraft

            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.

            lacey@mastodon.gamedev.placeL This user is from outside of this forum
            lacey@mastodon.gamedev.placeL This user is from outside of this forum
            lacey@mastodon.gamedev.place
            wrote sidst redigeret af
            #29

            @mcv @nixCraft yeah, sorry I kinda focused on the actual project, but asking for ownership of even related things fine prior isn't really acceptable

            mcv@friendica.opensocial.spaceM 1 Reply Last reply
            0
            • lacey@mastodon.gamedev.placeL lacey@mastodon.gamedev.place

              @mcv @nixCraft yeah, sorry I kinda focused on the actual project, but asking for ownership of even related things fine prior isn't really acceptable

              mcv@friendica.opensocial.spaceM This user is from outside of this forum
              mcv@friendica.opensocial.spaceM This user is from outside of this forum
              mcv@friendica.opensocial.space
              wrote sidst redigeret af
              #30

              @Lacey @nixCraft

              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.

              lacey@mastodon.gamedev.placeL 1 Reply Last reply
              0
              • mcv@friendica.opensocial.spaceM mcv@friendica.opensocial.space

                @Lacey @nixCraft

                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.

                lacey@mastodon.gamedev.placeL This user is from outside of this forum
                lacey@mastodon.gamedev.placeL This user is from outside of this forum
                lacey@mastodon.gamedev.place
                wrote sidst redigeret af
                #31

                @mcv @nixCraft yeah, that's pretty common. Stuff written prior I've not seen.

                1 Reply Last reply
                0
                • nixcraft@mastodon.socialN nixcraft@mastodon.social

                  Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there

                  https://www.reddit.com/r/legaladvice/comments/1w89suz/employer_wants_me_to_sign_an_ip_agreement_saying/

                  Can your employer force you to hand over open source software you created before they hired you?

                  lucasmz@wetdry.worldL This user is from outside of this forum
                  lucasmz@wetdry.worldL This user is from outside of this forum
                  lucasmz@wetdry.world
                  wrote sidst redigeret af
                  #32

                  @nixCraft name it! Name it! Name it! Name it!

                  1 Reply Last reply
                  0
                  • mwl@io.mwl.ioM mwl@io.mwl.io

                    @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.

                    n1vux@mastodon.radioN This user is from outside of this forum
                    n1vux@mastodon.radioN This user is from outside of this forum
                    n1vux@mastodon.radio
                    wrote sidst redigeret af
                    #33

                    @mwl @nixCraft yep. I modified almost all of those before signing, never had repercussions. ONCE there was a reasonable one standard (on w-2; temp consulting through agency were usually more reasonable).

                    1 Reply Last reply
                    0
                    • nixcraft@mastodon.socialN nixcraft@mastodon.social

                      Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there

                      https://www.reddit.com/r/legaladvice/comments/1w89suz/employer_wants_me_to_sign_an_ip_agreement_saying/

                      Can your employer force you to hand over open source software you created before they hired you?

                      niels@social.data.coopN This user is from outside of this forum
                      niels@social.data.coopN This user is from outside of this forum
                      niels@social.data.coop
                      wrote sidst redigeret af
                      #34

                      @nixCraft
                      Talk to union?

                      1 Reply Last reply
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