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Alexander Smirnov2017-04-12 11:22:06
open source
Alexander Smirnov, 2017-04-12 11:22:06

Have you experienced a restriction in participating in Open Source by a US employer?

For the first time I get a remote job in an American company as a web programmer and when reading the contract with the agreements (Proprietary Invention Assignment) I found that it turns out that the company owns everything that I create 24 hours a day. Those. any code, any text (for example, blog articles), etc. that I will create regardless of the time of day and tasks - everything will belong to the company. It turns out that if I contribute to Open Source, the code written is not mine, but the company and it should allow me to contribute to Open Source. It is about your personal non-working time and tasks that are in no way related to work. Even if I write a small script for a friend, it's still the property of the company.
I studied these points on the English-speaking Internet and realized that this seems to be a common practice - this is how the company insures itself in connection with the peculiarities of American legislation. They recommend simply discussing with the employer that he is not against my participation in Open Source. But the very right of the company, in fact, to forbid me to contribute code to Open Source, and even just write articles somewhere in a blog, for example, on Medium, is seriously annoying.
If there are those who work for American companies (on site or remotely), have you come across this? Are there any prohibitions on the part of the company to participate in Open Source, or is it just a formality?
update
Apparently the question is not well formulated. I ask often / not often not about my employer :) In general, is it common or not common among American companies to prohibit employees from contributing to Open Source?
PS Will I throw a link on this topic to an article about the problem .

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5 answer(s)
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Nazar Mokrinsky, 2017-04-12
@SashokSmir

Whether this practice is frequent or infrequent will not make it easier for you.
I would advise you to talk to your employer about this and try to change the contract in order to clearly identify the nuances that are bothering you, because figuring this out later in court will be more expensive for everyone. Depending on the success in communicating with the employer, you will make a conclusion for yourself whether it is worth accepting the offer or not.
I haven't seen your contract (and don't want to), but companies like Google have some prominent developers who write articles, speak at conferences and clearly represent Google regardless of place and time, I suspect that they have something similar in their contract .

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Sergey, 2017-04-12
@begemot_sun

Well, you either accept the contract or you don't. After all, if a corporation makes demands, they must be paid. If they want all of your time (out-of-hours results) to belong to them, ask them to pay them 24 hours out of 24 hours of your time.
Just decide how much your sacrifice of these freedoms is worth.

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freeExec, 2017-04-12
@freeExec

And if it was written there that they could come at any time and crush your sides, you would also be interested in: - "What, do they come often?"
So do not look at others, you either ask to remove this item, send them to the forest, or, as advised above, let them pay for 24/7.

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Tsimur_S, 2017-04-12
@Tsimur_S

Given the fact that such a clause is illegal in many states and 100% illegal in the Russian Federation, it is curious how applicable it is in court at all.

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Puma Thailand, 2017-04-12
@opium

they don’t prohibit
it at all in this case, they have to pay you all 24 hours a day, and this seems to me only a financial fat plus.

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