Slashdot Mirror
Does Your Employer Own Your Thoughts?
MJ writes "Evan Brown has finally lost his 7 year court battle over ownership of thoughts in his brain. Judge Henderson of the 219th District Court in Collin County, Texas granted DSC Communications Corporation, Inc (now Alcatel, USA) a Final Judgement granting DSC ownership of Mr. Brown's idea of a reverse compiler that Mr. Brown claims to have begun formulating twelve years before his employment at DSC and during his off-time while at DSC. Mr. Brown has received media coverage in print, televion and on the Internet: The John Marshall Journal of Computer & Information Law, Wired, Computerworld. This rings similar to previous Slashdot articles on employer/employee IP rights."
Just because it's the law doesn't mean it's fair. Why is it a company can own my ideas, but I can't own their software? How about leasing our ideas?
Michalangelo Progr
Maybe it's just me, but this reporting seems so onesided. Perhaps it all boiled down to a non-compete clause that specifically forbade the guy from personally developing products similar to and based upon products sold by the company?
When I was hired by my current employer, they asked me to sign the same sort of agreement - stating that they owned anything that I developed before employment (if not named), and anything I developed during my employment. I balked and they quickly produced an alternate employment agreement which granted me rights to anything I developed on my own time and without using company equipment.
I suspect that this is fairly common practice. If you don't ask, they certainly won't offer (except in California, where I believe this is the law)
Google encourages employees to use 1 day per week on their own hobby/project, does that mean...?
Uselessful technology (Air-Charged
From a quick read of Evan Brown's web site it appears that the "unique idea" he claims is a decompiler. That is, a program that will take compiled binary code and convert it into some kind of source code. As an idea this does not seem to be terribly unique or profound. What is difficult is implementing this idea in working software.
Evan Brown claims that the company he has been in litigation with offered him $2 million for the rights to his "idea". Apparently he turned them down. According to the web site they then sued Mr. Brown claiming to own the idea anyway.
What I find ironic is that as an "idea" a decompiler is certainly not worth much. An actual implementation, that can be easily retargeted, might be worth $2 million, but it is not clear that this is what Mr. Brown had, or that he was capable of creating this kind of software. The guy was working as tester and debugger, not a compiler developer. His skills seem to have been hacking an existing software base, not creating new, complex software.
While I am sympathetic with Mr. Brown's David vs. Goliath fight, it does seem that his difficulties lie in being difficult. It seems like there must have been a way out of this other than years of litigation.
The case also seems to turn on Texas law. While I am tempted to make nasty comments about the state that elected G.W. Bush governor, I'll resist. After all he might be "elected" president and I would not want an all expense paid trip to the US resort in Cuba.
I will note that at least in California work that you do on your own time that is not related to your employers work belongs to you. And given the history of startup companies here, it also appears that in many cases you can use related work as long as you quit first.
Oh, and by the way, I have a compiler development background. I'd be happy to deliver a decompiler for $2 million...
"Sure, that may mean you don't get the job... is that really so bad?"
It's been 3 years since I could find a decent paying job that paid the bills. So yes, it's really that bad. If it was one or two companies doing this then you could just not sign and move on, however it's now industry standard and unavoidable anywhere within this country.
If there was some revolt where people didn't sign anymore, guess what, that's what off shoring is. I was replaced by an Indian at my last good paying job. I got stuck working at a grocery store and was again recently fired and replaced with an illegal Mexican. It's a problem.
What ahppens when every company has a contract that says they own everything you think of, even before employment? Are we all suppose to starve, because thats what it comes down to, go hungry, or let the 'Corp' own everything.
It seems to me that shouldn'e be allowed and WE do need government intervention to maitain a balance.
The Kruger Dunning explains most post on
It's the nature of human creativity, and it's almost impossible (and meaningless) to disentangle the two.
Clearly, blanket assignment of all "IP" (I hate that term) to the employer is not fair, but nor is it reasonable to argue that his private stuff is completely seperate.
A reasonable reward scheme for new ideas generated by employees would be the best idea - isn't that what IBM (and recently Microsoft) does? Basically you assign the patent to the company, but you are listed as the inventor and get a license income stream plus "invention bonus"...
If you plan to work on anything related to your career outside of the company, create a corporation and work through it!! Companies don't write subcontract agreements that encroach on the sub's intellectual property, which is what you have! They write employment agreements that do.
If you plan on doing something with your ideas, then commit! Start an S-Corp, get some liability insurance, and have your "employer" pay you by invoice instead, and sub out your own payroll. You will NEVER be asked to give up your company's intellectual property by any business you truly want to work with.
Sure the opportunities are more slim, but hey, you're coming up with stuff on your own time, so put your money where your mouth is.
I did this and my client started with a subcontractor agreement that explicitly stated that my IP was my IP and their IP was theirs. It was refreshing.
Yes, Virginia, the laws are made to benefit the corporation. So Incorporate!
You are checking your backups, aren't you?
Some things cannot be contracted away. The classic example is the right not to be owned, ie be a slave.
This has not been strictly enforced over the years. For instance, Scientology's "Sea Org" (the navy/management/lifers) requires their services for this life and I believe a billion years of subsequent lives. I don't know how this contract'd be enforced, tho.
I am getting a little more frightened about the rightward ho-ing of the judiciary. Being pro-business is one thing, but letting them own our thoughts?
What happens when, sometime in the next 100 years, it will be technologically possible to monitor human thoughts? Will we be scanned at work to see if we are thinking anything worth owning? This is not reducing the concept to its absurd conclusion. I'm serious here.
The right to be secure in our person and possessions should be extended to add security from intrusion of our own damned heads! Screw property rights. Our minds are the only thing they can't own - today - but brick by brick they are prepping a truly unbreakable prison.
Personally I am in favor of the death penalty for corporations convicted of murder.
It is possible to incorporate without a lawyer. All you need to do is fill out some paperwork and file it with the government. Whether or not you use a lawyer I would still recommend doing your homework so you know what you are getting into.
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