

Ask HN: How to handle IP issues with full-time day job? [1] - alok-g

Employee contracts for just about any big tech company includes provisions that automatically makes all types of IP (including inventions and copyrights) developed by the employee belong to the company. This applies even if the work is done completely on the sides and outside work hours.<p>California specifically has laws that allow employees to claim "inventions" of their own but still under terms that are more favorable to the employer [2]. There's no help for "copyrightable" works [3], which would include software, or even in principle a written plan for developing this software [4].<p>I certainly have this issue currently preventing me from doing any work to bootstrap while I am still employed. Most people I spoke to at SUS2010 who are working on "side projects" are completely unaware of the issue. Some are ignoring it thinking that it must somehow work out.  Yet, I noted that YC submission form has a question about this.<p>On the other hand, almost every successful founder I spoke to, either did not have this issue (founded right after school, etc.), or did not do any work before quitting (which they did either before or after securing funding).<p>Some more details on the subject can be found in this excellent book:  http://www.amazon.com/Intellectual-Property-Open-Source-Protecting/dp/0596517963/<p>Here are some questions then:<p>How many people here have or had these issues?<p>How do/did you deal with this?<p>Is leaving the day job the only way out?  Or possibly joining another job where you can avoid this issue, as kneath suggested [1]?  Consulting jobs?<p>[1] Note:  I had posted the same question as a comment to "Ask Tom Preston-Werner" on HN recently
(http://news.ycombinator.com/item?id=1804443 and http://news.ycombinator.com/item?id=1805871).  Am now opening to a wider set of readers and responses.<p>[2] See section 2870(a)(1), and 2872 (burden of proof) here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&#38;group=02001-03000&#38;file=2870-2872<p>[3] See:  http://en.wikipedia.org/wiki/Work_for_hire  ("Within the scope of employment" here means not just work you do for the employer, but also anything you do that relates to the "field" of your work)<p>[4] In fact, even non-copyrightable and non-patentable works (whatever these mean) are included under this by my employment contract.<p><i>Reason for edit</i>:  Footnotes used asterisk before instead of [Number], where were misinterpreted by the system.
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maxdemarzi
"On the other hand, almost every successful founder I spoke to, either did not
have this issue (founded right after school, etc.), or did not do any work
before quitting (which they did either before or after securing funding)."

That's the "Burn the Ships" idea, but there are plenty of start-ups that were
side projects.

I don't think big companies care about your start-up idea at all so don't
worry about it too much as long as it's not in direct competition with your
employer.

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random42
Disclaimer - This is a second hand advice. There is a big chance of it being
really bad.

From what I have heard from veterans in the industries, the gist comes down to
this

 _"If your project does not make enough money, no one would care. If your
project is a break through, you would be able to afford legal assistantship to
keep the vultures away. (see Facebook)"_

Again, I am not sure if this is how it works in real.

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alok-g
Is this question still visible on HN? I cannot see it without going through
the list of my own submissions.

