Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1+some 2/3/84; site dual.UUCP Path: utzoo!linus!decvax!harpo!ihnp4!dual!mats From: mats@dual.UUCP (Mats Wichmann) Newsgroups: net.legal Subject: Re: Intellectual property agreements with an employer Message-ID: <305@dual.UUCP> Date: Sat, 25-Feb-84 18:52:58 EST Article-I.D.: dual.305 Posted: Sat Feb 25 18:52:58 1984 Date-Received: Sun, 26-Feb-84 04:59:08 EST References: <349@bnl.UUCP> <383@decvax.UUCP> <996@cbosgd.UUCP> Organization: Dual Systems, Berkeley, CA Lines: 36 . . As a followup to Mark Horton's question (alas, I don't claim to be an expert on this either) - There are usually two parts to this - development using the company's resources, and development resulting from work you have done for the company. I.e., if you do some work that teaches you about a certain subject, and this knowledge later assists you in making a discovery, (while still employed with the company) the company may claim rights to this discovery. What I understand from talking to some people who have gone through lawsuits after changing jobs is the following: EVERYTHING is extremely difficult to prove on the part of the employer. The one, almost global argument that gets nearly everyone off is that the information obtained while working for the employer is NOT proprietary; i.e, substantially the same information could have been gathered during employment for a different company. This usually seems to take care of the invention disputes, and almost totally squashes the non-competitiveness clauses in employee contracts. Above all, no one can deny you the right to make a living; only if you are trying to make a living off of information that is totally, undisputably, prorietary information of a company you have worked for previously can your rights be restricted. I would be interested in hearing more comments from people who have been sued after changing jobs -- this is a very interesting subject, and important to a lot of us. Think about it - how many of the UNIX programmers out there have not been approached about changing jobs, to a large extent because of what you have learned for the company you work for now??? Mats Wichmann Dual Systems {ucbvax,amd70,ihnp4,cbosgd,decwrl,fortune}!dual!mats