luscher@nic_vax.UUCP (05/08/85)
> > I work for Digital Equip. Corp. as a software engineer. I have been > told by my manager, that DEC owns all software that I develop at home on > my MAC. And DEC has forbidden me to put any of my software on the ENET or > any other net. I guess this means no free MAC software from DEC employees, > and very likely no MAC software from DEC employess period! > Nicolet's employment agreement assigns rights for 'inventions' which are related to their lines of business, or to 'lines of business they might enter' (somewhat open-ended). I signed a similar agreement when I worked at HP. I havn't seen legal arguments concerning software in relation to employer ownership of 'inventions', but (from my reading) courts will enforce the employers rights if the 'invention' relates to the employers business, the employee is paid to be creative and 'invent' to some degree, OR the employee uses the employers material or facilities in the process of invention. ASSUMING that software is a subset of 'inventions' (debatable) it seems that none of these apply to you *IF* your software is unrelated to DEC's normal business since you are doing it on your own time and with your own equipment. When dealing with a company as large as DEC the question comes to mind: 'is there ANY software which would not, in some way, impinge on one of their lines of business?'. Regardless how you decide the 'rights' question there is still the question of your relations with your supervisor (aparently not too hot already?) and how your actions will influence your work environment and promotion prospects. Regardless of DECs policy the particular individual you work for could make your life HELL, and/or you may be perceived as a trouble-maker and your reputation suffer when job opportunities arise. This negative approach from your supervisor might be an indication you would be better off hiring yourself a new supervisor, either at DEC or at another company. If you decide you have the right to publish whatever it is you're working on you might have to defend yourself in court to preserve your rights (freedom isn't free). This expense is something you must be prepared for if you go ahead in the face of opposition from DEC, as THEY certainly can afford the legal work ($$$). Forgive the length of this please, perhaps it should be in another place (net.legal, net.jobs, ??). The subject certainly transcends the MAC and applies to all software-jocks (and jockettes, sorry ladies) with an entreprenurial bent. -- Jim Luscher / Nicolet Instruments / Oscilloscope Div. 5225 Verona Rd Bldg-2 / Madison Wi 53711 USA / 608/271-3333x2274