This was apparently (anecdotally) the case a while ago, but I've never seen a single employment contract that included a clause like this. I don't know whether it's just FUD, whether it's not as common as it was in the 80's or early 90's, or whether this is another case of Silicon Valley being a poor place to work in tech (or the midwest being a good one), but this is not universally common.
chaostheory|12 years ago
It is in pretty much every tech company's employment contract in the US regardless of size. I've seen this in Georgia, New York, Texas, Washington, and California. If it's a Fortune 1000 company, they're going to have. If it's a startup, they're probably going to have it. A lot of people just aren't aware of it because they don't tend to read their 10+ page employment contracts full of headache inducing, legalese.
> I don't know whether it's just FUD, whether it's not as common as it was in the 80's or early 90's
It is not FUD, and it's a lot more common than it was before the 90s.
How did this get super popular? Someone can correct me, but it starts with Apple in the 90s. Hotmail was actually developed by an Apple employee during his off time. Well MS buys it and Apple gets nothing. Why? It's probably because they didn't have this clause or a more aggressive and broad version of it like what we have today. Apple really is a trend setter.
Anyways the legal clause is basically ridiculous, since the general legal strategy is to be aggressive early on. In layman's terms ANYTHING you come up with, at ANYTIME during your employment either on company time or your own personal time, and ANYWHERE either in the office or in your own home, belongs to your employer regardless of your employer's industry.
What mortifies me is 1. how prevalent this is, and 2. how ignorant everyone is of its existence.
Dewie|12 years ago
If you couple that with an expectation in certain programming circles that you should do programming as a hobby as well as a job, you've got the nice effect of working 40 hours a week for your employer, + all the hours that you spend on programming in your free time for your employer, as in 'they'll cash in if it is succesful'. So like a little speculative, cost free investment for the company.
The only way that I can reconcile this with the modern off-work github coding is that the programmers don't keep this in the back of their minds, and that whatever big fall outs of this have been relatively isolated.
(obviously I am only talking about side projects that could potentially have some value, not the 'implement pac man in brainfuck' for the pain, I mean for educational purposes, type of projects)