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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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  • mcr314@todon.nlM mcr314@todon.nl

    @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.

    petealexharris@mastodon.scotP This user is from outside of this forum
    petealexharris@mastodon.scotP This user is from outside of this forum
    petealexharris@mastodon.scot
    wrote sidst redigeret af
    #22

    @mcr314 @nixCraft

    Could agree to give them a perpetual non-exclusive license to the code and print them off a copy of the GPL (or BSD license or whatever)

    1 Reply Last reply
    0
    • kevin@mastodon.km6g.usK kevin@mastodon.km6g.us

      @kattebel @nixCraft Also not legal advice, but I don't think that their attempt here is illegal - there's no law stopping them from making this a requirement for employment. It's heinous, of course, but negotiable.

      hankg@friendica.myportal.socialH This user is from outside of this forum
      hankg@friendica.myportal.socialH This user is from outside of this forum
      hankg@friendica.myportal.social
      wrote sidst redigeret af
      #23
      @kevin @nixCraft @kattebel They already are employed there though. When I first read this I thought it was about a company hiring someone. Doing it after the fact makes this maneuver even more egregious.
      1 Reply Last reply
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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?

        paul_ipv6@infosec.exchangeP This user is from outside of this forum
        paul_ipv6@infosec.exchangeP This user is from outside of this forum
        paul_ipv6@infosec.exchange
        wrote sidst redigeret af
        #24

        @nixCraft

        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.

        1 Reply Last reply
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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
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            • 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
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              • 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
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                • 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
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                  • 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
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                    • 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
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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?

                        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
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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?

                            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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