Cases of companies taking IP rights of your own personal projects developed outside company time

Posted by GSS on Stack Overflow See other posts from Stack Overflow or by GSS
Published on 2008-10-28T22:57:29Z Indexed on 2010/04/24 23:13 UTC
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Hi,

I have heard of cases where a developer working for a company is also making his own personal projects in his own time, using his own equipment yet the company he works for tries to claim ownership for the project. I really find this annoying, and bang out of order. It should also be illegal.

I am in this position (work for a company and working on my own systems - from small class libraries used to practise what I learn in my exam revision to a large commercial-scale system). While I don't know if the company will try to take ownership, all I know is they say they do not want a conflict of interest. Fair enough, my system is developed in my own time using my own equipment. They also say that work time should be for work only, which it is. Funny thing that as work is so boring, easy and slow that I have plenty of free time, which I wish I could spend on something productive - said system. The problem is, my company does not take hiring technical talent seriously. This is my first job, I am a junior coder (but my status/position doesn't really reflect what I can do), but I am the only developer. Likewise with the guy who controls Windows Server. As the contract does not say anything about taking ownership, I would assume they would. They would try to milk my success (I've made a good impression so I am sure they would).

How can this be allowed? Are there any examples of this happening to any fellow Stacker here? It really makes my blood boil.

What I find funny is that my company hardly has the expertise and resources to even be able to successfully run a project of my size. What I do at work is an ASP.NET application consisting of five pages, and even then there are flaws in the project. If I told them that they would also have to take responsibility for flaws in the project, then they would think twice! It's exactly because of this I save the best code for myself and at work I write rubbish code full of code smells. The company don't really care about error handling, as long as the business functionality works (ie a scheduled email sends, but there is no error handling). They'd think twice when they see the embarassment and business cost of a YSOD...

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