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0 points_odey4y ago0 comments

So does that mean there is literally nothing I can do about it? Except becoming a contractor?

0 comments

7 comments · 2 top-level

akvadrako4y ago· 3 in thread

That isn't what he said – just it's the employer's by default. So get a contract that makes your outside work explicitly yours.

_odeyOP4y ago

OK, that's good to hear. But now I need suggestions and feedback...

In a previous thread https://news.ycombinator.com/item?id=24220858 I've suggested the following:

    13.8. $COMPANY and any Group Company will not attempt to claim copyright, intellectual property rights, nor patent right to any creation done outside of working hours (also known as employees free time), outside of the premises, and not using any $COMPANY facilities, as long as any such creation does not relate to the employees current responsibilities, and as long as it does not directly compete with $COMPANY business model and business activities.

    13.9. As long as you do not go against clause 13.8, you are not obligated to disclose to us your creations.

But this is just my wishful thinking of mine that nobody replied to... and not something that I've actually managed to get written and signed. What I'd like to see is a concrete example of such a clause in a real, existing, signed by both parties, actual contract.

wdb4y ago

Got to watch out with this one. My past experience is that even approving a PR on the company Wifi internet caused a lot of discussion regarding the use of company facilities

1 more reply

ealexhudson4y ago

Exactly. Any form of "agree and accept that /X/ does not relate to the employment" sort of thing.

But you have to be very specific about what is carved out.

rwmj4y ago· 2 in thread

Red Hat has an explicit clause in the contract allowing work on open source projects. As always best to consult a lawyer (not one connected to the company) if this is likely to be important to you.

_odeyOP4y ago

Would you, or somebody working, or who had worked for Red Hat be willing to copy paste that clause, or contract, redacted of course so we could use it as an example.

Red Hat being who they are, their approach is extremely relevant to this situation.

rwmj4y ago

I did try to dig out the contract just now to see if I had a digital copy of it, but I don't think I do. It's likely to be a two decade old printed copy instead. I think you need to talk to a lawyer rather than trying to do this on the cheap. Your lawyer has your interests at heart, no one else does. If you're a member of a union (Prospect being a good one for digital workers) then they will have lawyers you can consult for free.

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0 comments

7 comments · 2 top-level

akvadrako4y ago· 3 in thread

That isn't what he said – just it's the employer's by default. So get a contract that makes your outside work explicitly yours.

_odeyOP4y ago

OK, that's good to hear. But now I need suggestions and feedback...

In a previous thread https://news.ycombinator.com/item?id=24220858 I've suggested the following:

    13.8. $COMPANY and any Group Company will not attempt to claim copyright, intellectual property rights, nor patent right to any creation done outside of working hours (also known as employees free time), outside of the premises, and not using any $COMPANY facilities, as long as any such creation does not relate to the employees current responsibilities, and as long as it does not directly compete with $COMPANY business model and business activities.

    13.9. As long as you do not go against clause 13.8, you are not obligated to disclose to us your creations.

wdb4y ago

Got to watch out with this one. My past experience is that even approving a PR on the company Wifi internet caused a lot of discussion regarding the use of company facilities

1 more reply

ealexhudson4y ago

Exactly. Any form of "agree and accept that /X/ does not relate to the employment" sort of thing.

But you have to be very specific about what is carved out.

rwmj4y ago· 2 in thread

Red Hat has an explicit clause in the contract allowing work on open source projects. As always best to consult a lawyer (not one connected to the company) if this is likely to be important to you.

_odeyOP4y ago

Would you, or somebody working, or who had worked for Red Hat be willing to copy paste that clause, or contract, redacted of course so we could use it as an example.

Red Hat being who they are, their approach is extremely relevant to this situation.

rwmj4y ago

1 more reply

j / k navigate · click thread line to collapse