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Programming Software

Ask Slashdot: How To Own the Rights To Software Developed At Work? 353

New submitter ToneyTime writes: I'm a young developer building custom add-ins for my company's chosen SAAS platform as a full time staff member. The platform supports a developer community to share code and plug-ins with an option to sell the code. While I don't plan on having a breakthrough app, I am interested in sharing the solutions I create, hopefully with the potential of selling. All solutions are created and made by me for business needs, and I aim to keep any company's specific data out. I have a good relationship with management and can develop on my own personal instance of the platform, but would be doing so on company time. Going contractor is a bit premature for me at this stage. Any advice, references or stories to learn from?
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Ask Slashdot: How To Own the Rights To Software Developed At Work?

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  • Contract (Score:5, Informative)

    by Dog-Cow ( 21281 ) on Sunday May 10, 2015 @10:35AM (#49657849)

    Get a signed contract, written by a lawyer. Don't expect anything else to hold up in court.

    • Re:Contract: No! (Score:5, Informative)

      by BoRegardless ( 721219 ) on Sunday May 10, 2015 @11:07AM (#49658041)

      Resign and start consulting NOW!

      • by funwithBSD ( 245349 ) on Sunday May 10, 2015 @11:24AM (#49658135)

        While you still know everything!

      • Re:Contract: No! (Score:5, Insightful)

        by Anonymous Coward on Sunday May 10, 2015 @11:26AM (#49658143)

        Every consulting contract I've signed has an IP assignment clause. So, even if you do consult, make sure you negotiate your terms wisely.

        • In the absence of a contract the consultant will own the code. All paying for it give you is an implied license, which only includes source code if it is necessary for the normal use of the program (so basically scripting languages or programs where you hard coded enough that you need source code to use it.)

          • Re: (Score:2, Informative)

            by Anonymous Coward

            In the absence of a contract the consultant will own the code. All paying for it give you is an implied license, which only includes source code if it is necessary for the normal use of the program (so basically scripting languages or programs where you hard coded enough that you need source code to use it.)

            Nonsense. Any code developed as part of your work on behalf of a client is owned by default by your client in the absence of any other written agreement. It is known as work-for-hire. If the code is generic and not part of their products you can often get permission to distribute the code and retain ownership but it is not guaranteed.

            • Re:Contract: No! (Score:5, Informative)

              by cerberusti ( 239266 ) on Sunday May 10, 2015 @01:11PM (#49658673)

              Consultants do not fall under work for hire.

              If you have one client and they choose your schedule you are not a consultant.

            • Re: (Score:3, Insightful)

              This is correct. Anyone claiming that you can work for a company - paid by the hour - and own ANY rights to the product of your work is full of BS. Sure, if you can negotiate a contract that says so, the do it. But absent that written agreement all work is for-hire, and there is AMPLE common law that follows that principle.

              • Re:Contract: No! (Score:5, Informative)

                by cerberusti ( 239266 ) on Sunday May 10, 2015 @05:45PM (#49660111)

                You can claim the law is BS all you want, but it would be inadvisable to take that position in court.

                If it is an employee paid on a W2 who shows up at the office every day and has their tasks and schedule set by the employer, the employer owns the copyright.

                If it is a contractor paid on a 1099 who uses their own equipment at their own location, the contractor owns the copyright (even if there is a clause in their contract stating otherwise.)

                If it is somewhere in between a court would decide if they are an employee or an independent contractor.

                http://copyright.gov/circs/circ09.pdf

          • Re:Contract: No! (Score:5, Insightful)

            by cerberusti ( 239266 ) on Sunday May 10, 2015 @01:27PM (#49658743)

            Anyway, as there are a couple of people contesting this already I though I would link the actual rules on copyright and work for hire.

            http://copyright.gov/circs/circ09.pdf

            Note that falling under (b) requires that it pass that test AND there be a contract stating so. The tests in (b) have also been found to be exhaustive, so it MUST fall under one of those scenarios.

            This means that even in many cases where there is a contract stating that the party paying for the consulting time owns it, in reality the consultant still owns the code. The only common one where code is not owned by the consultant is when the work will become part of another existing work.

    • Fired! (Score:5, Insightful)

      by Anonymous Coward on Sunday May 10, 2015 @11:26AM (#49658147)

      You should be fired.

      The company is paying you a salary, benefits, possibly sending you to training classes, etc. Everything you do on their premises belongs to them. Period.

      If you are preoccupied with trying to figure a way to profit from THEIR software (that you write on THEIR dime), then they aren't getting what they are paying for.

      Quit and start your own business.

      In fact, that is great advice regardless. Take the chance now before you knock up some unfortunate woman and are saddled with a mortgage and child rearing expenses. You can live with your parents, friends, or your car if necessary, your family can't.

      • Re:Fired! (Score:5, Interesting)

        by onepoint ( 301486 ) on Sunday May 10, 2015 @12:47PM (#49658549) Homepage Journal

        I wish I had mod points to give you more boost.
        first thing I said was "holy shit"
        then I was after reading, No way....

        I can not believe what I read, but your advice is solid,
        go independent and consult and try to keep the
        IP rights.

        as a past employer, I never let any consultant keep
        the IP rights. but I bet their are suckers

        Just look what happened to Hoboken NJ when they did not
        renew the software license for the automated parking garage
        it stopped working http://www.govtech.com/magazin... [govtech.com]
        funniest thing ever

        • Re:Fired! (Score:5, Interesting)

          by Aighearach ( 97333 ) on Sunday May 10, 2015 @03:02PM (#49659189)

          as a past employer, I never let any consultant keep
          the IP rights. but I bet their are suckers

          They (and you) probably just don't realize they own it all, so it will never come up. ;) Unless you had a separate assignment document, and you actually paid them extra for the copyright, they still have it.

          The most common mistake is trying to include the assignment in the main contract. Not valid. The next one, and this gets almost everybody, is that without some consideration (money) given in exchange for the assignment, it isn't a valid contract. If all the money that changes hands is based on the work, then there is consideration for the part that gives you an implicit license, but no consideration for the copyright.

          A lot of people just assume that because they handed a lawyer money and signed paperwork, that everything is legal and enforceable. But lawyers are often not as good as that. And, with something like this just having the lawyer keep explaining it all to the client long enough for the client to understand it would triple the cost. In order to be competitive, they don't drag you through the whole process; just the parts they think you'll need. The contractor isn't likely to mess with you over this because for various reasons, so they don't dot the i's or cross the t's.

      • Re:Fired! (Score:5, Insightful)

        by Chris Katko ( 2923353 ) on Sunday May 10, 2015 @01:06PM (#49658649)
        Seriously, I'm blown away by the amount entitlement in those words he posted.

        You want to make something you own? Use all the knowledge you have from your job (you own knowledge unless they contract otherwise), work AFTER HOURS, and replicate the functionality.

        If you become successful using work, or work secrets, you WILL BE SUED. Until you're successful, they won't notice you--so you'll think you got away free. The lawsuits come when people have money to get.

        The guys that made the MOS Technology 6502 didn't steal from Motorola in the crazy sense the OP is suggesting. The only thing any of them did was quit Motorola to start their business, and one engineer took some documents he wasn't supposed to. Motorola sued the balls of them under terms much "nicer" than the OP suggests doing, and their lawsuit was said to have a "plausible chance of winning." Their investor left. They were running out of money (regardless of whether or not they were right), and had to settle--likely under terms that were worse than if they were financially stable enough to continue fighting.
        • Re:Fired! (Score:4, Interesting)

          by Aighearach ( 97333 ) on Sunday May 10, 2015 @03:04PM (#49659203)

          If he was a hourly laborer, doing the work after hours would be enough, but for professional work that just doesn't help. It would have to be both after hours, and also unrelated to his work. He can write linux device drivers or something, but replicating the stuff at work... they own that too.

      • Everything you do on their premises belongs to them. Period.

        And when you're a professional such as a software developer of some sort, they also own what you do off of their premises if it is related to your job. As, for example, if you were creating your own apps for their proprietary framework. This would be true even if you worked on some other part of the framework, but where it is plugins and you write plugins at work, it is an easy analysis.

        If you want to own code you write away from work, it has to be completely 100% unrelated to the job. 100%

      • I wish I could give you more points also. Exactly what I was thinking. The OP is being paid to write software for the company he works for, the OP is smoking crack.
      • Re:Fired! (Score:5, Insightful)

        by Zontar The Mindless ( 9002 ) <plasticfish.info@ g m a il.com> on Sunday May 10, 2015 @03:59PM (#49659517) Homepage

        Indeed, my first reaction to reading this was, "TRANSLATION: How do I get away with selling something my employer's already paid me for?"

    • Re:Contract (Score:5, Interesting)

      by stephanruby ( 542433 ) on Sunday May 10, 2015 @12:14PM (#49658387)

      This guy just needs to buy his work back from his employer.

      Despite what appearances may suggest, his employer is not his friend. His employer is there to profit from his work. So he just needs to make his employer a financial offer they're likely to accept, and then see what happens. Everything potentially has a price. Everything is negotiable.

    • Re:Contract (Score:5, Interesting)

      by Aighearach ( 97333 ) on Sunday May 10, 2015 @02:32PM (#49659027)

      Get a signed contract, written by a lawyer. Don't expect anything else to hold up in court.

      While partly true, many States have extensive law about how these things work, and without a contract you're automatically using that default system. Depending on your State, those default rules may leave you better positioned than any of the contracts a company's lawyers might agree to. In States with good protections on both sides, it can actually be the most protective situation for the developer!

      And if you're in one of these States, don't expect that signed contract to stand up in court; much of it might be superseded by the law. In my State for example, a typical 5 page employment contract probably only has 1 or 2 paragraphs that are enforceable and the rest is gobblygook that is included because the lawyer uses the same contract regardless of State.

  • Most business owners may have issue with you claiming IP for things built on company time. Even if you build something in your off hours, it may be difficult to prove you didn't use company resources.

    Make sure that if you have an agreement with your employer that you have something signed by a senior executive or the owner.

    • Since you're doing this on the company's nickel, it's known as "work for hire." You have no ownership rights. Also, since you're developing this using their resources on their time, why would you expect to be able to resell it when it's clearly their property? That would be like being hired to make donuts, making a batch with your boss's ingredients and tools while being paid, and expecting to keep the profit.

      This might qualify as one of the 10 dumbest "Ask Slashdot" questions going. If it's a troll, it's working.

      • by itzly ( 3699663 )

        How's it different from a contractor, working for the same company, and using the same resources ?

      • by Improv ( 2467 )

        Unless otherwise arranged. Your post is not insightful - people can make other arrangements. He's asking questions about that.

      • No, it is not.

        What about this situation: You're a construction worker and at some point during your workday, you find a smurf and attach it to the hammer you were using to do some hammering. The smurfhammer proves to work ten times better than the smurfless hammer -- a great invention!

        According to your reasoning, the company the construction worker works for now owns the smurfhammer (2000). What's worse, all employees are discouraged from ever thinking up and using smurf-augmented tools on the job. If they

        • If the poster had such an agreement there would be no reason to do an ask slashdot. That this is not self-evident is your problem, not mine. Right now, it's entirely work for hire and will remain so in the absence of a future agreement saying otherwise.
  • by tshawkins ( 1239974 ) on Sunday May 10, 2015 @10:38AM (#49657861)

    Let me get this right, you want to be paid by your employer for your work, but still own everything you produce. You are putting nothing into this other than the time you are spending to produce the code, and that time is being paid for by somebody else.

    So where is your skin in this game?. Sounds like you want somebody else to finance your enrichment.

    • by swamp boy ( 151038 ) on Sunday May 10, 2015 @10:42AM (#49657887)

      Indeed. Sounds to me like OP is asking to get fired or blacklisted as soon as management gets wind of the plans. I wouldn't even broach the subject with them. The downsides far outweigh any benefits and if nothing else it's highly unethical.

      • Re: (Score:2, Funny)

        by tshawkins ( 1239974 )

        Its got to be a millenial..

        • Re: (Score:2, Troll)

          Its got to be a millenial..

          Or the kid of a 1%er.

          • Given that he wrote "my companies" in TFA it could be either.

          • by tnk1 ( 899206 )

            Or Bill Gates' kid. Considering Gates and Allen used time on a PDP-10 at Harvard which was financed by DARPA to compile and work on their earliest stuff like MS BASIC.

            A lot of success stories know how to use other people's resources to make it big. This person is just trying to figure out how to do the same thing.

            I am not really concerned personally about him doing that. If his company lets him get away with it, that's up to them. I am not incredibly interested in pointing out that the company is techni

      • by cerberusti ( 239266 ) on Sunday May 10, 2015 @02:10PM (#49658913)

        I would not fire him over asking... I probably would negotiate a lower salary if he wants to own his code, and I would say no if it was a core part of the business (he says they are add-ins, so maybe.)

        If it is not a software company they may have no intention of selling it, and may see it as a good thing to be able to cut their costs by more than half and still get the benefits.

    • Re: (Score:3, Interesting)

      by mysidia ( 191772 )

      You are putting nothing into this other than the time you are spending to produce the code, and that time is being paid for by somebody else.

      He is presumably putting the special efforts of his own brain and creativity into it; which is not merely hours of manual labor.

      And presumably the work he is creating is useful to the employer, so they should be satisfied to be able to use the work he is creating.

      Some companies might be willing to negotiate rights ownership of the product to the developer, in e

      • by tshawkins ( 1239974 ) on Sunday May 10, 2015 @10:54AM (#49657955)

        "He is presumably putting the special efforts of his own brain and creativity into it; which is not merely hours of manual labor"

        When you hire a programmer, designer, or engineer, they are expected to have a brain, make special effort and be creative (inovative) in thier solutions. Its kinda part of the job description, and if you are paying them for thier work all of the above is pretty much a given.

        • by mysidia ( 191772 )

          When you hire a programmer, designer, or engineer, they are expected to have a brain, make special effort and be creative (inovative) in thier solutions.

          Nonsense. The ordinary ability of an average programmer is what is part of the job description, not the "special talents" of peculiarly good programmers, i.e. those in the top 70%.

          As evidenced..... the latter are generally paid no more than the former, the extra creativity and talent of spectacular programmers does not factor into the work arrangem

          • There is no evidence the OP is any more than an average programmer. Regardless you cant be a programmer without problem solving skills, and while i agree that skills are variable, that just means that they are more or less able to meet the requirements of the job.

            Software engineering requires skilled people. And the job requirment is given to require abilities and skills beyond what for example a store checkout operator would require to meet the requirments of thier job description. Thats also why a develop

          • That you want a 71%-er to be some sort of special snowflake says a lot about you, probably more than you intend. You might have actually said that a 31%-er is peculiarly good, it isn't clear, but I'll just assume you meant 71% is peculiarly good.

            Whatever skill or ability they have is what they are being paid for as a professional. Manual labor, of course, is not being paid for unless part of the job description.

            Even if they're a 99.99999%-er, they're no more peculiarly good that they were hired to be. That

    • by itzly ( 3699663 )

      I work as a contractor. People pay me to develop things, but I keep the copyright. They get a license to use it.

      • by OzPeter ( 195038 )

        Except your situation is different. In this case this kid is an employee

      • He is not a contractor, he is an employee......

        • by itzly ( 3699663 )

          I know. Just pointing out that you can be paid for your time, and still keep ownership of the code. In theory, an employee could negotiate a contract that allows him the same.

    • by PRMan ( 959735 )
      So, you're saying that this guy is clear CEO material?
    • Only very skilled people can do that on create an empire of it. The DOS, IBM and Microsoft story is a good example.
    • by gnupun ( 752725 )

      You are putting nothing into this other than the time you are spending to produce the code, and that time is being paid for by somebody else.

      And how exactly do they calculate how much someone gets paid for their work? That's right, most of it based on the standards of living in the city, the remaining based on education and skill. IOW, the programmer gets paid the same regardless of quality of code, quantity of code or impact of code to the bottom line of the company. You agree that the code produced by a p

  • by PhrostyMcByte ( 589271 ) <phrosty@gmail.com> on Sunday May 10, 2015 @10:40AM (#49657873) Homepage

    Ask your boss. You no doubt signed away the copyright to the code you write for work, so you'll likely need explicit permission from them. If whatever you're doing isn't something that interests them from a business perspective, they might just let you do it.

    My previous and current employers have allowed me to Open Source the generic non-business-critical software I write. Beyond just making me happy, one of the reasons I gave them is that any improvements I develop outside of work will be able to flow back in -- it was a win-win.

  • by CanHasDIY ( 1672858 ) on Sunday May 10, 2015 @10:48AM (#49657917) Homepage Journal

    I'll bet if you read your employment contract carefully, you'll discover that any intellectual property you create while on the clock automatically belongs to your employer. Some places claim ownership over your private projects done off the clock, although I fail to see how that would hold up in court.

    So yea, the smart money is on not doing personal projects on company time.

  • IANAL. If you really want to explore this, though, you should get one. Your employer is paying for you to code on company time. It is reasonable to expect that anything you develop on company time becomes the property of the people who have paid you for that time, especially if you are using company resources to do so. Why not develop your own projects at home on your own time? There's much less room for a theft argument if you use your laptop, your internet, your tools and your time.
  • by quietwalker ( 969769 ) <pdughi@gmail.com> on Sunday May 10, 2015 @10:53AM (#49657949)

    This is very easy. By default, anything you create - or even imagine - during business hours or in execution of your duties is 100% owned by the company. In fact, if you produce something at home and you can't show clean room separation between systems and code between your personal code and your work code, you're not likely going to keep the rights to that either.

    You know that part of the employment process where they ask you to list all your prior works? This is them giving you a chance to CYA. Granted, the legalese on that page usually states that you're allowing them to use it for free in perpetuity if you include it in any of your work at the company, but that makes perfect sense Think utility libraries you carry around with you from job to job. They don't want to own them, but they can't risk having their products 'poisoned' by arbitrary licensing.

    In fact, there's even a case where a guy had an idea, spoke to a co-worker about it, discussed it with his immediate superior and they decided not to follow up on it. After he quit the company, he started work on it himself, and was getting ready to finish/sell it, when he was sued by his prior employer. Because it had been 'developed' (thought of, even if it was never written down) on company time, the judge sided with the company and full ownership was given to them. He had to finish the program and deliver it and the mechanisms required to build and distribute it to them, without malicious sabotage Forced to write code for free, for a product the company didn't even want.

    So! The only way this is really going to work for you is if you speak to your legal team and management.

    I have, in the past, approached my manager(s) and asked permission to work on side jobs which were clearly and 100% outside of the scope of my current job; working on banking applications while I was writing automobile inventorying software, and was given permission. Got a signed statement, and I was good. Did open source work on the side as well, for a game engine, again, no problems.

    However, it's extremely unlikely that anything you do at work will be allowed to be owned by you. No company likes giving away potential revenue and adding competitors with insider knowledge. I mean, really unlikely. Like, I can't even comprehend how you think it's a real possibility. Getting the company to go along with an open source thing might be one possibility, but an employee getting ownership?

    Think of it this way: You work as a mechanic in a garage. You have access to all the tools and equipment there. You decide that you'll start your own business, in that garage, fixing cars, but you'll keep all the money instead of giving it to your employer, while still using his equipment and space. You still expect him to pay you for the hours you're working there.

    Can you really see this happening? If so, you may need to lay off the cough syrup, cause we're all worried about you.

    • He had to finish the program and deliver it and the mechanisms required to build and distribute it to them.

      Somebody might own copyright on your ideas or core, but copyright ownership doesn't force anybody to produce content, or "writing it down".

  • The only way.... Ignore the people saying contracts, no employer is going to sign a contract stating that all work you do for them is actually owned by you and they cannot profit from it. And even if they did, they sort of cease being an employer, and begin being your employee, except they pay you for the privilege of being your employee. It is sort of a contradiction, so it's impossible
  • I don't know about you - but there are two parts to my job...thinking and doing.

    The doing part is easy enough to segregate...If I'm sitting at my desk at work "doing"...typing in code, debugging, documenting, etc - then clearly that belongs to my employer and I have no right to be "doing" anything that I'm going to have control over outside of work.

    But thinking is near impossible to segregate. I may well be thinking about solutions to my employer's problems as I commute, or as I'm fritzing around with some

  • by l0ungeb0y ( 442022 ) on Sunday May 10, 2015 @11:00AM (#49657987) Homepage Journal
    Developing code for their product on their dime? You are already getting paid and everything you do on their equipment, their time under their roof is theirs. Don't like it? Then find a way to do it on your own time, at home, with your own computer with their written permission. Can't do that? Then quit and do it on your own.

    But get this through your head: AS AN EMPLOYEE EVERYTHING YOU PRODUCE IS OWNED BY YOUR EMPLOYER -- THAT IS WHY THEY ARE PAYING YOU -- THEY DO NOT PAY YOU BECAUSE THEY LIKE YOU -- THEY PAY YOU FOR OUTPUT

    Got it? If so, please share with the rest of the entitled butt-hurt millennials who think they got a job solely because they "deserve it".

    • by itzly ( 3699663 )

      THEY DO NOT PAY YOU BECAUSE THEY LIKE YOU -- THEY PAY YOU FOR OUTPUT

      The output could be working code plus a license to use it. It doesn't require the company to have the copyright.

  • 'Good relations' with management go quickly downhill once you reel in the money and they don't get a major cut.

    Don't tell anybody, do it on your own machine and sell anything under a nom de plume.

    • 'Good relations' with management go quickly downhill once you reel in the money and they don't get a major cut.

      Don't tell anybody, do it on your own machine and sell anything under a nom de plume.

      You forgot the last 2 steps.

      2. Get caught for defrauding your employer.
      3. Go to jail. Do not pas Go! Do not collect $200.00!

      Oh, and then there's the civil suit.

  • by ip_freely_2000 ( 577249 ) on Sunday May 10, 2015 @11:10AM (#49658059)
    Where do I start with this? You signed an employee agreement. What rights does it give you? The company is paying you to develop code, provides the compute infrastructure, provides the business motivation based on their own research and enables you to improve your knowledge and skills. You are unwilling to leave your job, so you don't accept any risk. Yet, you ungratefully want all of the benefits of the code. You don't even seem willing to share a possible new revenue stream with your company. You are quite the piece of work.
  • I own a software business. Anything written during working hours, for which the author is compensated by me, belongs to me. End of story.

    Now, I did sign a contract with one of my employees who had his own open-source project from before he joined the company. it basically said that whatever he worked on on his own time was his, as long as it didn't compete with any of our products.

    • by ledow ( 319597 )

      Have signed such a contract too. Think my employer was quite surprised that I spotted their IP clauses and was happy to do the same - they merely CLARIFY that anything not to do with the business or on business time is not their properly, to save legal hassle later on if it should become an issue.

      But, as you can see from the wording there, the implication is that that was true already, but just not clear that it DID NOT apply to my own stuff.

      Completely agree. When you're being paid, you don't get to take

  • Hi

    There is a few options that came to my mind, but all of them requires that you sign an agreement with your boss/Company.

    1) Ask for an agreement telling that both parties owns the right of the software and source code. Try to avoid any “Eternal” periods of time of confidentiality since you may not know what happens in more than 5 years. So if your boss asks you for confidentiality of the source code limit the time of it.

    2) When you set an agreement about the ownership of the source code
  • All this talk about where you work and contracts is irrelevant if the code is licensed to be freely shared and modified. Make sure your company understands the benefits of open source, then have them allow you to develop under said license. When you decide to incorporate under a different entity, you can resell the open source code using your private resources.

    • by radish ( 98371 )

      Open sourced code still (usually) has a copyright owner. The OP is asking to be assigned the copyright to work he produces as part of his job. At my job we open source as much as we can because it has many benefits to both us and the wider community - but we (the company) keep ownership of it.

      I'd say he's smoking crack but maybe if he asks nicely his company will sign it over. If it were me I'd laugh him out of the room.

  • by plopez ( 54068 ) on Sunday May 10, 2015 @11:32AM (#49658175) Journal

    If they are paying you a salary and providing you with a salary, and possibly training, they should own it. After all, that is your job. You may want to ask them to patent it. Having your name on a patent s good for a resume.

  • by gstoddart ( 321705 ) on Sunday May 10, 2015 @11:39AM (#49658217) Homepage

    Well, Young Developer.

    You're going to have to understand the term "work for hire" -- which basically means in most cases when you work for a company and do stuff for them, they own it, and not you.

    You might be exceedingly lucky and find an employer who will sign off on that.

    But for the most part, your employer doesn't give a fuck about what Young Developers want in terms of ownership of code.

    Why would a corporation be paying you to develop stuff for them that you're going to turn around and sell to other people.

    Only someone young and new to the industry would be so self entitled as to ask what you're demanding. Because the laws surrounding "work for hire" have been around for decades ... and they won't change just because you deem yourself special.

    Most companies will tell you to piss off if you suggest that.

  • I built a generic piece of a larger system that I thought would be a good thing as open source. I convinced my boss that since we were using open source software as part of our big system, we should give back to the community, and he agreed. I organized the source with proper licensing into a package and my boss handed it off to the lawyers - explaining the above - for review. A few days later, they came back and said "no problem, post it". And I did. That was the end.

    I suppose some of this depends on how
    • by radish ( 98371 )

      Open Sourcing != reassigning ownership. The OP wants to _own_ the code and resell it later.

  • Work For Hire is what you are doing.

    Your company owns the copyright on your work, not you, by default.

    Additionally if you *LOOK* at your employment contract you will find that *ALL* the work you do while *EMPLOYED* by your employer is *OWNED* by your employer *INCLUDING* the work you do at while *NOT AT WORK* if the work you are doing is *RELATED IN ANY WAY* to the business your employer is in or *MAY BE CONSIDERING TO ENGAGE IN*.

    And that, my friends, *is* in the boilerplate employee contract for pretty muc

  • Rereading the question, OP works at a company servicing a SAAS for developers to share code and being paid for it; so far so good. OP works on the backend software for this platform, very well as well.
    He wants to sell his Code and Ideas, this is fair. But why has he have to do this in company time? In the question this reads as an imperative? Why can't he do it in his free time like everybody else, using the very same platform he has so much insight in?

    Would the code he wants to sell be pertinent to the SAA

  • An interesting question, Toney Time. Thank you. Writing this out has helped me clarify some thoughts on the topic that I've been mulling over.

    Lots of other posts are kind of knee-jerk in their simplistic responses; they are not necessarily wrong, but they may be incomplete.
    For what it is worth, I will give you a silver star for thinking about this before starting to "write your own code"... much better to game through some scenarios now instead of going heads-down for 6 months or a year and running in
  • by Morpeth ( 577066 ) on Sunday May 10, 2015 @01:24PM (#49658729)

    ... quit and work for yourself (and see how hard it is to pay for resources, benefits, insurance, lawyers, etc.), OR realize all the things being employed by a stable company offers you and be thankful.

    And no, I don't mean just be happy being a worker bee, but it's a give and take relationship as an employee, and you only want to take.

    Seriously, with that attitude, I'd never hire you as you sound like someone with no loyalty and nothing but "me me me" for a mindset.

"Why can't we ever attempt to solve a problem in this country without having a 'War' on it?" -- Rich Thomson, talk.politics.misc

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