
A new cofounder has been offered a job with Google. Can Google own our software even if he works on it after hours? (he hasn't worked on it yet) - juwo

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chmike
My advices for having experienced a similar situation...

1° make sure you can prove what part of the software was there before the
other founder joined google. This will put a clear limit to what google might
claim as ownership. Dito for its contributions while he is hired by google.

2° inform (in a provable way) google immediately of the situation and ask them
to clarify the issue with you ASAP.

3° check the laws in play by yourself. Don't rely solely on what google may
tell you or on lawyer advises. It cost some effort, but as a future employer
you better know the laws yourself on this topic.

As I'm in France the law is published on the web. It is thus easier to do.
Don't know what the situation is in the US and your state. I developped an IT
system during my weekends and I had to sort the IP issue with my employer. I
not only managed to sort it out without paying anything more than one
registerred letter, but I also managed to preserve a very good relation with
my employer, which I value most. If both play fair and honnest, this comes out
naturally. Beware that there are many traps you might be caught in. But don't
be paranoid, there are traps for your employer too. It is really worth the
effort to learn the IP laws.

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chmike
Do not simply trust what is stated on the contract. In France the law states
explicitely that only more favorable clause for the inventor (employee) are to
be taken in account. A contract that would state that the employer owns
whatever the employee invents beside its work time would thus be abusive and
invalid. You really should check the law and not simply the contract.

If you clarify things with google, make sure you get a definitive conclusion
that will be valid even if the google employed founder changes states or
country, since law applyable to him may change.

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juwo
You have offered wise advice - thanks!

Though, I am surprised because in America, many people at some point, have
worked at two or even threee jobs during the week to make income.

So theoretically, if he were to get a consulting job with Microsoft during the
weekends, will Google own a piece of Microsoft? That would be interesting to
watch :)

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mauricecheeks
The answer is yes. Apparently (as you already know) Google's employee
intellectual property agreements say that they have the rights to anything
developed while employed by Google. Read all the fine print and speak to a
lawyer.

The short answer seems to be yes though.

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juwo
He said that as per his employee agreement. They can own anything he works on,
even after hours and on his own computer.

(IMHO could potentially be a useful tool for youtube. <http://juwo.com)>

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zach
Important question: what state are you in? California has some limitations
(not the strictest, but some) on what employers can lay claim to. Still,
yeesh.

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juwo
He will be in California, I am in Kansas.

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ivan
They ONLY CAN own anything they know about :)

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chmike
this is a very dangerous strategy. Soon or later they will know about it. At
that point they could claim you tried to cheat on them, etc. In front of a
judge you would have a hard time to justify such strategy. At best you may say
you didn't know, but how could you prove this ? Not informing your employer
and clarify the issue with them is definitely a bad strategy.

It is like walking with an armed bomb in your pocket where you could have
defused it by clarifying the issue with your employer. Beside you now have the
advantage of the first move. Profit from it a wisely.

So before telling anything your employer, better learn how to do it, what you
are required to tell your employer, and what you can keep for your self. There
are things you can't undo.

~~~
juwo
Yes, you are right.

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RyanGWU82
Why ask us? Ask an employment lawyer.

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juwo
Ok, I am not asking you :) Is on-topic so I am asking others in the newsgroup
who may know.

