Thought Police

Derek Neighbors plug-discuss@lists.plug.phoenix.az.us
16 Aug 2002 13:49:12 -0700


> BUT, in order to get this assignment, I signed the most
> preposterous agreement you could imagine:  not only get
> they have the rights to any software or inventions I might
> create during my hitch with them that might have any
> bearing on their business; but any PAST creations!

This is ludicrous that they would even have someone sign something like
this.

> Now, I can see one very sound reason for their making
> people sign stuff like this:  suppose I were to
> incorporate some "invention" of mine, old or new, into
> something that I did for them?  Once they were
> committed to using it, I could come back to them and
> bill them for royalties for using "my" idea.  This is
> the kind of distorted behavior businesses are driven
> to, under the threat of IP litigation.

IANAL, but lets start again with throwing out that dirty useless word
"Intellectual Property".  As to your prior work there is abosuletly no
need for them make you sign something saying in essence they own
anything you have ever done.

To properly cover themselves for 'copyright' violations, they simply
would need to have you sign some sort of disclaimer saying that would
not use any prior work you have copyrighted in anything you do for them
and if you do that they are given copyright for it.  This would not be
giving them full rights to your work, but merely having you agree not to
use your prior work or if you do giving them equal rights so that you
couldnt pull the rug from under them.

To properly cover themselves for 'patent' issues, they simply need have
you sign something stating any prior work you have done that you use
while employed there will be giving free license to them to use, thus
stopping assuring you cant screw them.

In both of these cases the signing doesnt give them anything as long as
you dont use anything from your past there.  If you use something from
your past there it doesnt remove your rights, it simply gives them equal
rights but ONLY to those works that are used not all prior work you have
done.

The sick thing is that under the guise of "Intellectual Property"
companies are getting people to sign things that are down right criminal
and borderline on 'theft', and people do so because eating is more
important than fighting in most cases.

-Derek