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[ILUG] nda's and other legal mumbo jumbo

[ILUG] nda's and other legal mumbo jumbo

Vincent Cunniffe vincent at cunniffe.net
Thu Jun 1 23:00:35 IST 2000


Steffen Higel wrote:
> 
> Hi,
> 
> I was recently offered a job in Companyx doing tech support, which was
> great for me being a student as the hours were light.
> I was sent the contract today, and in it was contained the following
> excerpt:
> "I hereby agree promptly to disclose to Companyx and I hereby, without
> further compensation beyond that which is provided for in my employment
> contract with Companyx assign to Companyx my entire right, title and
> interest to all designs trademarks, discoveris, etc. etc. ideas, SOFTWARE
> whether or not created during working hours or using experience gained
> from CompanyX."
> That was a slightly shortened version. But the idea is there. I have two
> problems with this:
> a) I think that such robbery is morally unsound.
> b) I write a lot of software, some of it for other companies, some just
> for my own amusement.
> 
> This is obviously A Bad Thing. I am writing to the list to ask if anyone
> has signed anything similair, do companies really enforce them and is
> there any way I can get around having to sign to that (bar not taking the
> job).

Yes : tell them that you are a software developer in your own right,
that you have worked on your own projects for a long time and that 
you're not prepared to sign over the rights to those efforts to the
company.

Tell them to amend the clause to refer only to the business and 
interests of the company, and to specifically exclude software written
by you on your own time which does not relate to the interests and
business of the company.

My current company tried much the same clause on me : I told them to
amend it and they did.

Vin




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