How about creating / developing FOSS? Re: what is the situation wrt. ideas created by employees while employed ? who owns them ?

[Aviss,Tyler]

Anyone know where Canada/Ontario law stands on the "we own stuff you  
invent up to 1 year *AFTER* employment" clauses? When I moved here  
from BC, they hit me with that after I arrived. Luckily I don't code  
web for hire and my C++ is currenly in the "re-learning stuff I used  
to know and others" stage for at least the next year anyhow



(sent from my phone, so please excuse the typos)

On 30-Jun-09, at 5:59 PM, Peter <plpeter2006-/E1597aS9LQAvxtiuMwx3w at public.gmane.org> wrote:

> ted leslie <tleslie at ...> writes:
>> I think its infinitely complicated, especially since,
>> a employer and even a knowledgeable lawyer can put in
>> "employer owns all intellectual property created by employees at  
>> any time
> during their period of
>> employment" rule,
>> but can it hold up in court? of course not, its too broad a  
>> statement and
> can't be enforced in any way.
>
> The reason I am asking all this is among others the fact that I  
> *know* that
> there are places where the shackle rule is enforced by default (in  
> certain US
> states, it is implied even if it is not mentioned on the contract),  
> whereas
> elsewhere (Europe), the employer NEVER EVER owns anything the  
> employee makes
> outside his work hours (as long as it is unrelated to the work he  
> does), and any
> such provision would be unenforceable and illegal. So I was trying  
> to understand
> where the 51st star [*] is standing on this ?
>
> Peter
>
> [*] evil pun on Canada by an European who is just visiting for now,  
> but looking
> hard at other options while he is at it - the reason for the pun is  
> that CBC
> seems to show more of Obama than of Harper somehow - maybe this is  
> subjective, I
> don't watch it that much ... anyways apologies for any possible  
> insult, it was
> not meant to be such. Of course the 51st is to mean in addition to  
> the 50
> already on the US flag, i.e. the star that decided to stay off the  
> flag, yet
> seems to belong there in many ways <duck & run away>
>
>
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