A new cofounder has been offered a job with Google. Can Google own our software even if he works on it after hours? (he hasn't worked on it yet)

https://news.ycombinator.com/item?id=10493

by juwo • 19 years ago

3 14 19 years ago

news.ycombinator.com

juwo5• 19 years ago

He said that as per his employee agreement. They can own anything he works on, even after hours and on his own computer.

(IMHO could potentially be a useful tool for youtube. http://juwo.com)

zaidf• 19 years ago

If that is what his employment agreement states, then he has answered your own question.

I can see google making a case that he "used" code from google or something; remember it doesn't have to be true to take you to court or bog you down for months and thousands of dollars. For google lawyers it is signing few sheets of paper, for you it'll be putting your life on hold.

Best to resolve this before you start IMO.

zach• 19 years ago

Important question: what state are you in? California has some limitations (not the strictest, but some) on what employers can lay claim to. Still, yeesh.

juwo5• 19 years ago

He will be in California, I am in Kansas.

brlewis• 19 years ago

Your cofounder needs to negotiate this before signing anything, and will need a lawyer.

RyanGWU82• 19 years ago

Why ask us? Ask an employment lawyer.

juwo5• 19 years ago

Ok, I am not asking you :) Is on-topic so I am asking others in the newsgroup who may know.

ivan• 19 years ago

They ONLY CAN own anything they know about :)

chmike3• 19 years ago

this is a very dangerous strategy. Soon or later they will know about it. At that point they could claim you tried to cheat on them, etc. In front of a judge you would have a hard time to justify such strategy. At best you may say you didn't know, but how could you prove this ? Not informing your employer and clarify the issue with them is definitely a bad strategy.

It is like walking with an armed bomb in your pocket where you could have defused it by clarifying the issue with your employer. Beside you now have the advantage of the first move. Profit from it a wisely.

So before telling anything your employer, better learn how to do it, what you are required to tell your employer, and what you can keep for your self. There are things you can't undo.

juwo5• 19 years ago

Yes, you are right.

mauricecheeks• 19 years ago

The answer is yes. Apparently (as you already know) Google's employee intellectual property agreements say that they have the rights to anything developed while employed by Google. Read all the fine print and speak to a lawyer.

The short answer seems to be yes though.

chmike3• 19 years ago

My advices for having experienced a similar situation...

1° make sure you can prove what part of the software was there before the other founder joined google. This will put a clear limit to what google might claim as ownership. Dito for its contributions while he is hired by google.

2° inform (in a provable way) google immediately of the situation and ask them to clarify the issue with you ASAP.

3° check the laws in play by yourself. Don't rely solely on what google may tell you or on lawyer advises. It cost some effort, but as a future employer you better know the laws yourself on this topic.

As I'm in France the law is published on the web. It is thus easier to do. Don't know what the situation is in the US and your state. I developped an IT system during my weekends and I had to sort the IP issue with my employer. I not only managed to sort it out without paying anything more than one registerred letter, but I also managed to preserve a very good relation with my employer, which I value most. If both play fair and honnest, this comes out naturally. Beware that there are many traps you might be caught in. But don't be paranoid, there are traps for your employer too. It is really worth the effort to learn the IP laws.

chmike3• 19 years ago

Do not simply trust what is stated on the contract. In France the law states explicitely that only more favorable clause for the inventor (employee) are to be taken in account. A contract that would state that the employer owns whatever the employee invents beside its work time would thus be abusive and invalid. You really should check the law and not simply the contract.

If you clarify things with google, make sure you get a definitive conclusion that will be valid even if the google employed founder changes states or country, since law applyable to him may change.

juwo5• 19 years ago

You have offered wise advice - thanks!

Though, I am surprised because in America, many people at some point, have worked at two or even threee jobs during the week to make income.

So theoretically, if he were to get a consulting job with Microsoft during the weekends, will Google own a piece of Microsoft? That would be interesting to watch :)

A new cofounder has been offered a job with Google. Can Google own our software even if he works on it after hours? (he hasn't worked on it yet)

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