On Wed, 2002-07-17 at 15:40, Oleg Goldshmidt wrote:
> Gilad Ben-Yossef <[EMAIL PROTECTED]> writes:
>
> > On Wed, 2002-07-17 at 14:55, Oleg Goldshmidt wrote:
> > > This does not contradict my point: whether you are employed by a
> > > company or by a university, your employer owns the IP you
> > > produce.
> >
> > IANAL but I think this is not true automaticaly but rather, most
> > contracts have a spcific section that makes this so, but it is not the
> > default case, just the common one.
>
> 1) I have yet to see an employment contract (in industry or the
> academia) that did not include such a clause.
When and if I ever open a company, you wont see this clause in the
contracts I sign with employees (you might see a clause that secures the
company *use* rights for the work of te employee, but this is something
different) :-)
>
> 2) IANAL either, but such things are normally recognized by law and
> are included into contracts explicitly "to remove any doubt". Ditto
> the various confidentiality and non-competition clauses. If there
> is a lawyer lurking on the list maybe we can get a clarification
> regarding whether or not the IP ownership is included, e.g., in the
> definition of "work for hire".
Actually, in some cases these terms do not cover something that is in
the law already 'to remove doubt' but actually cover items that no court
will uphold, especially in the non-competition section, in order to
frighten you from doing something you actually have any right to do. The
employers lawyers know that they will lose in court in most cases but
they are counting on that you will be affraid to ever get to court (and
payt the lawyers fees).
--
Gilad Ben-Yossef <[EMAIL PROTECTED]>
Code mangler, senior coffee drinker and VP SIGSEGV
Qlusters ltd.
"You got an EMP device in the server room? That is so cool."
-- from a hackers-il thread on paranoia
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