I tried to open source a weekend personal project while at $BIGCO via their "Invention Assignment Review Committee". It turned into a minor bureaucratic nightmare and I was ultimately never given the OK to release it, or any clarity over whether my employer was choosing to assert an IP ownership interest in it. In retrospect, I wish I had never notified them of its existence, and released it under a pseudonym instead.
Whenever I join a company I always create a bunch of made up names on my “prior inventions” list. When I open source something I just name it after something I put on my list if the description is close enough.
The better question is in what ways do you trust, and not trust, the company you work for?
And the answer to that can be very complicated, and depend on the company a great deal. It also depends on who might buy the company in the future, and they might not be trustworthy at all.
It starts when companies decide they have a right to time outside the employee's official hours and that they shouldn't have to properly reflect it in their employees' salaries, nor in their employment guarantees.
And furthermore, as an employee end of the day it's your right to have to be look out for yourself. You probably don't realize that because you're infected with startupitis where everyone has to be all in to succeed.
I do realize that employees have to look out for themselves (because companies, including startups, will usually take, take take from the employee, and then throw away the carcass, if they can).
However, employees work in a company with other people, so we'd like to know what we can and can't trust from each other.
If a colleague engages in criminal fraud, do they have a rigorous philosophy about when and when not to do that? How do they behave towards the team? Is defrauding the company OK, over something they think they company shouldn't demand anyway, but they will still be honest and responsible towards their teammates? That would be very good to know.
If so many people weren't so anxious to downvote things that don't suit their kneejerk reactions, we could discuss this.
In short: it's complicated. Nobody minds about the technically "criminal fraud" when somebody brings home a couple dollars' worth of office supplies for private use. Everybody agrees that embezzling a million dollars should send you to jail. Meanwhile, something like grabbing a second lunch from the free company cafeteria and taking it home to eat as dinner will result in a lot of disagreement as to how bad that really is. But it also probably doesn't have a whole lot to do with whether you can trust that person's code reviews, because people are multifaceted and use different moral standards in different areas.
> so we'd like to know what we can and can't trust from each other.
Alas, we can't know. There are the things that are obviously fine, the things that are obviously not, and a GIGANTIC gray area in the middle which nobody is going to agree on, and companies will try to make policies that will always go too far in some parts and employees will always evade some of the policies they think are bad or unimportant.
And I think that when a company has a bad policy of overreaching in trying to claim ownership over things you do on your own time, and employees respond by falsely claiming that something they made predated their employment, that it's a fascinating example of that gray area.
> If a colleague engages in criminal fraud, do they have a rigorous philosophy about when and when not to do that? How do they behave towards the team? Is defrauding the company OK, over something they think they company shouldn't demand anyway, but they will still be honest and responsible towards their teammates? That would be very good to know.
I think the question you're really asking is whether or not they can be trusted down the line so that the system 'works'.
So here's the thing: You can never have a 100% guaranteed trust that someone is going to be doing as the company wills and wishes them to be, even if you have a written contract, and even if you shove a bunch of extra rules in it.
When it comes down to it, people will always have to look out for their best interests eventually, and having extra unneeded rules will push them to think transactionally, system and morals be damned. So the solution would be to treat them well enough to not have them think about it in the first place.
Ok, but corporations also lie to and defraud their employees all the time. In ways large and small.
Nobody is entirely honest to everyone about everything in their workplace. You really think everyone is actually sick on every single sick day, or that every single doctor's appointment on their calendar is a real doctor's appointment? People never make excuses to their manager that are lies? Managers never lie to their employees about a justification or a deadline or a promise or a policy?
Workplace dishonesty is everywhere. Because workplaces are made of human beings. It's just something you learn to manage in a realistic way. People are mostly honest, but they're never entirely honest.
> Ok, but corporations also lie to and defraud their employees all the time. In ways large and small.
That's 100% true, and lamentable. But two wrongs don't make a right. And while one can't control the company's behavior, a person can control their own behavior. As such, it is perfectly reasonable to criticize them when they choose to act without integrity.
> while one can't control the company's behavior, a person can control their own behavior. As such, it is perfectly reasonable to criticize them when they choose to act without integrity.
That leads to a society where people are punished and corporations are not, simply because they are too big to be criticised.
Much more often than people, large and publicly quoted corporations end up becoming inherently evil.
The total self-serving lies made by individuals will always be a drop in the ocean when compared to the self-serving lies of a single S&P500.
They're both wrong, but the real issue here is to start by criticizing and correcting the corporations, not the people. Once it feels like a drop in a glass of water, we can start thinking of criticizing the people.
Actually going along with the BS Of corpos is the bigger and biggest wrong alongside what the corpos do. Not all of us view integrity the same way. Not at all.
> You really think everyone is actually sick on every single sick day, or that every single doctor's appointment on their calendar is a real doctor's appointment?
In California you can just open source it and do not need permission as long as you did it on personal time on personal hardware without referencing proprietary IP.
Sure, a company could not like you doing that and find a reason to fire you, but they have no valid legal recourse and you may even be able to sue them for wrongful termination.
We are one of the only states that prevents employers from having ownership of your brain on personal time.
Corpos have tried to claim ownership of things I did in my personal time, multiple times. I just show them this law and they back down immediately.
Having rights to my own brain is a big reason I live in California, cost of living be damned.
There are two exceptions listed on 2870, the first one is going to be the gotcha. It excludes inventions that:
> (1)Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer;
So, if you work at $BIGCO, they will argue that since they have their fingers in everything, that anything you might work on "relates" to their business or actual or demonstrably anticipated R&D. This is a truck-sized loophole.
Note that this is also an enormous part of the reason why CA is a world tech hub. I hear other US states claiming they want to build a similar reputation. “So, you’ll pass laws giving employees ownership of their own personal projects they make on their own time?” “LOL, no!” “Alright, good luck Tupelo.”
The other big reason is their glorious refusal to honor non-compete clauses. As I understand it, this was a big reason a lot of tech companies moved from Boston to CA back in the day.
The short version is, what do you know, if you make it easy for smart people to start new companies for their big ideas, they’ll do it. And if you don’t? You don’t become a tech hub, no matter what else you’re doing.
I bring this up constantly, even to the point of trying to figure out if US states can have "embassies" in other US states.
I was once advised to take a vacation to California every year and do all my thinking then. But I hate wasting fuel, and it'd be so much more fun to say "this little park in the middle of Detroit is actually California soil", and just walk down there every few weeks with my notepad, and ponder what problems need solving and how.
Whenever I see someone on HN talking about their moonlighting or side/hobby project, I get chills and think to myself "Boy, I hope they don't work for $BIGCO, because in all likelihood their existing employer claims IP ownership over that work, and if they ever try to do anything substantial with it, they're going to have corporate lawyers on their case."
I've had experience with a similar "committee" (probably same company) and I concluded the safest path is to just not do side projects while employed with BigTech.
This is insane. When I am out of work in France, I am out of work.
Sure, I cannot write software that competes with my company but unrelated open source that does not being me income - yes.
Some companies are far more open than others. Google has tons of open source projects both through Google and via personal projects. Apple on the otherhand mostly forbids personal projects period, or so I've been told.
I haven't open sourced anything in a while, but at Google it's historically been pretty easy so long as you let Google put itself as the copyright holder and aren't in any legal minefields (e.g. emulators). You can actually look up the Google Open Source docs even if you don't work there.
That's why so many repos say "Not an official Google product." That's the boilerplate of someone's side project that got open sourced, but Google wanted to claim copyright.
Ugh, you gave me bad flashbacks of the same committee.
I tried to re-license a previously-released project (like from GPL to MIT or similar) and they wouldn't budge. I had written all the code.
In the end, I decided that them suing (or firing) me to assert their ownership of $VALUELESS_PROJECT, so they could then license it back, was ridiculously unlikely, said fuck it, and did it. And I was right.
the problem isn't your risk, the problem is the risk of the users of the project. if the code is owned by the company, your re-licensing isn't legal, and that could put other companies using it at risk.
Right, but, they never owned it, and would never attempt to assert that. So in hindsight (and similar to GP) compliance was a worse and more frustrating option than simply never mentioning things.