Armin Marth <[email protected]> writes:
> I work on the help desk for a medical software company, and have recently
> been given a disclosure and confidentiality agreement to sign. I have been
> keeping a keen eye on open source software for medical professionals and
> would like to eventually contribute to them.
>
> The point I'd like to clarify is clause 2. "The Employee shall acknowledge
> all inventions, discoveries and designs and all writings, art-work,
> drawings, designs, computer programs (copyright works) created during the
> course of your employment with the Employer, belongs to the Employer."
>
> See a copy at http://www.arminmarth.info/disclosure.pdf
>
> Would this stop me from contributing to open source software if it's in the
> same field as I currently work in?
Ask a lawyer. Other people have already covered this well.
However, your statements about your employment suggest you work in a full time
capacity, at which point all works created as part of your employment are
owned by your employer.[1]
However, I doubt that either of those matter that much, because...
> I've been asked to sign this by Monday or I will not be able to work on any
> health care related products, i.e. they'll force me to take leave.
...even if you are legally right to be able to contribute to OSS outside of
work, using none of the skills, you can /still/ find yourself at the wrong end
of a law suit from the company.
So, clarify it with them and find out what *THEY* believe it means. That is
really the most important part — because a frivolous and groundless lawsuit
still costs an awful lot of money to fight.[2]
Then, get that in writing. (Which, in some cases, might even make them back
down. Unreasonable contracts don't like the light of written statements. ;)
Regards,
Daniel
Then, look for another job where you are not stuck with such onerous terms.
Footnotes:
[1] Contractors, on the other hand, own the works even if they are
commissioned by a client. Generally.
[2] This is why the big companies often win unfair actions against staff,
since you don't have nearly the income of the company, especially after
they fire you and blacklist you in the industry.
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