My response was directed at Bob Bridges, who indicated he is in
California. In California the 'contract' I was asked to sign is not
enforceable, which is why the back page said 'Not applicable to
California and Minnesota employees'. Yes, some states have stronger
labor laws than others. So, no, in California a company cannot require
what it wants - only what the law allows.
On 12/19/2023 6:27 AM, Seymour J Metz wrote:
In the US it varies by state, but in general the company can require what it
wants. If you refuse to sign, they may negotiate or may refuse to hire you.
Certain contract terms, e.g., yellow dog (non-compete) are illegal in some
states.
Software is subject to multiple forms of IP protection, e.g., copyright,
patent, trademark, and some open source licenses depend on copyright law.
--
Shmuel (Seymour J.) Metz
http://mason.gmu.edu/~smetz3
עַם יִשְׂרָאֵל חַי
נֵ֣צַח יִשְׂרָאֵ֔ל לֹ֥א יְשַׁקֵּ֖ר
________________________________________
From: IBM Mainframe Discussion List <[email protected]> on behalf of Dean Kent
<[email protected]>
Sent: Monday, December 4, 2023 9:32 PM
To: [email protected]
Subject: Re: Assembler programmer wanted
You are a person. People have rights, objects do not. The company
can require that you assign them the rights to any invention created
using the things they paid for - computers, software, offices, books.
Training/experience is more of a gray area in my mind.
Note that software used to be copyrightable - not patentable. That
changed in the 80s, I believe. If you've ever looked into patenting
something, you would see that the inventor has to be a person (not a
company) - while the assignee is the 'owner' of the property.
That's my recollection and understanding.
On 12/4/2023 7:53 AM, Bob Bridges wrote:
Ok, now you've got me curious. While I'm employed by a California software
company, I ~am~ a company resource, am I not? How is the law worded to bypass
that (so to speak)?
---
Bob Bridges, [email protected], cell 336 382-7313
/* A tart temper never mellows with age, and a sharp tongue is the only edged tool that
grows keener with constant use. -from "Rip van Vinkle" by Washington Irving */
-----Original Message-----
From: IBM Mainframe Discussion List <[email protected]> On Behalf Of
Dean Kent
Sent: Monday, December 4, 2023 09:48
....As part of the employment agreement for this acquiring company we had to
sign a contract that stated anything we thought, said, did, wrote, or otherwise
created - whether at work or at home - while employed was owned by the
company....[But] State laws prevented them from snatching ownership for most of
what they were claiming. California law, to the best of my knowledge, does
give the employer ownership of an invention/product if it was developed using
company resources, and/or
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