I don't see the problem with it. Think of this scenario from the perspective of an employer:
- You hire someone and they create something and use it as part of your software.
- They leave.
- Then they sue you because they say you are using their software that they created in their spare time.
Or any of the other 999 IP disputes that can arise from not being very clear about who owns the IP of things your employees create.
This is specifically in the context of programming work done outside of the work for the company. These onerous clauses attempt to lay claim to that work. For example, if a I work at Widgetron writing Widget APIs this clause might be used by Widgetron to lay claim to, say, a game engine I’m writing at home during the evening.
That is easily avoided by having them sign off on the code they commit to the employer's repository. Giving the employer full rights over every single thing the employee creates just to solve such a simple problem is ridiculous.
Then say "the employee grants employer a non-exclusive (exclusive if the work is directly related to the company business as of time the work is conceived), non-transferable, sub-licenseable licence to use, modify, resell or redistribute all works related to employment (even if tangentially), including modified versions thereof, for commercial and business purposes only", not "intellectual property of anything and everything done by employee relating to employer's business, regardless of whether it relates to employee's work, belongs to the employer".
I see a problem with it, Think of this scenario I work as a programmer writing a boring LOB application, in may spare time I write sci-fi fiction stories
the company falls on hard times, cuts my pay but I happen to submit one of my books to a publisher, it becomes a HUGE success and now the company claims to own the right to that book (the money they need to save the company) because they own everything that comes from my mind under these unethical and immoral provisions
- You hire someone and they create something and use it as part of your software. - They leave. - Then they sue you because they say you are using their software that they created in their spare time.
Or any of the other 999 IP disputes that can arise from not being very clear about who owns the IP of things your employees create.