Countering IP Agreements?

Ghettoimp asks: "I'm a grad student considering an offer for a summer internship with a large software company. The offer is appealing but has a horrible IP agreement which gives them the rights to work I create while I'm there, *and* rights to work I've created in the past. I proposed a counter-agreement but it seems quite clear that the terms are non-negotiable, and I have little reason to believe that this situation is different anywhere else that would be interested in hiring me (e.g., defense contractors, research labs). The agreement does let me list explicit items to exclude from this, and gives me space for four items. I am thinking about instead attaching a list of every program I have ever worked on at all. I know this won't give me any control over what I work on while I'm there, but could this be a viable strategy for keeping ownership of the programs I have already written? I just want to know that I will be able to use, distribute, and talk about my own work in the future without worrying about some ridiculous lawsuit."

Comments

Lawyer lawyer lawyer

[rueger]

The offer is appealing but has a horrible IP agreement which gives them the rights to work I create while I'm there, *and* rights to work I've created in the past.

Well, that's plumb crazy, and possibly unenforceable too.

In any event the answer is obvious. Get to a real lawyer! That's who can tell you how to protect yourself in a sensible manner.

Why oh why do people have such a hard time paying a few hundred bucks to a lawyer in circumstances where they could possibly suffer thousands of dollars in damage?

Re:Just say no

[marcus]

Just tell them that someone else already has the rights to your past work and that due to an NDA, you are not at liberty to tell them who it is. It does not matter that YOU own the rights to your past work and that YOU have agreed with YOURSELF not to tell anyone. It is still true.

If they don't accept that, say "Sorry but I can't sign this in good faith." and walk.

Fundamentals: grow a spine. This should not even be up for discussion. Anyone who wants rights to my past like this will have to offer a seven figure non-refundable signing bonus payable immediately. If more people would stand up for themselves, this kind of nonsense would disappear. You've already done The Right Thing in reading the fine print. Aren't you glad that you did? Now, you have a chance to do The Right Thing again, and you will feel good about it, again.