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Re: working on open source and free software
- To: Jeremiah Lee <http://www.gmail.com/~jeremiah.lee>
- Subject: Re: working on open source and free software
- From: Robert <http://dummy.us.eu.org/robert>
- Date: Wed, 07 Mar 2012 21:20:57 -0800
- Keywords: bogofilter, ifile: nonspam -3166.58489752 downloaded -3240.45190239 spam -3281.41043806 ---------, spambayes, spamprobe
I found
http://answers.onstartups.com/questions/19422/if-im-working-at-a-company-do-they-have-intellectual-property-rights-to-the-st
which seems to have a lot of good discussion.
Like you say, it looks like Ca is very
pro-competition/pro-individual-inventor.
Re: pre-existing obligations. Yeah, looks like that's something I'll need
to do -- enumerate everything that I have worked on and what I plan to
work on as a "prior invention", just to cover my bases.
It seems that even non-compete clauses are not regularly enforced in
Ca.
I may ask them to modify parts of it, maybe just sprinkle lots of "To my
knowledge", "except in relation to...", and "with prior notice", per
http://faif.us/cast-media/FaiF_0x0D_NDAs.odp . If they don't budge, I may
just sign it anyway since it seems Ca will partially protect me.
If you do think it would be wise for me to seek legal advice, I would
welcome the names of any friendly IP lawyers.
Thanks.
> From: Jeremiah Lee <http://www.gmail.com/~jeremiah.lee>
> Date: Wed, 7 Mar 2012 18:14:46 -0800
>
> Hey Robert,
>
> Just a standard disclaimer first:
>
> While I am an attorney, I am not _your_ attorney and the following should
> not be construed as legal advice. If you believe you need legal advice, you
> should seek professional counsel.
>
> http://ocpatentlawyer.com/assignments-of-inventions-by-former-employees/relates
> to patents and talks about Ca being very pro-competition.
>
> I've had open source software out there for the last 10 years and when I've
> signed on with new employers, I've just noted those as preexisting
> obligations.
>
> Do some searching on assignment of invention and copyright work-for-hire in
> Ca.
>
> Sorry for being a little weird, I just need to make sure I don't really
> give out legal advice.
>
> Thanks,
>
> -jeremiah