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

Peter plpeter2006-/E1597aS9LQAvxtiuMwx3w at public.gmane.org
Tue Jun 30 18:41:24 UTC 2009


Christopher Browne <cbbrowne at ...> writes:

> If your employment contract indicates that intellectual property
> belongs to the employer, then yes.

The initial question (mine) was, are such contracts valid in Canada,
specifically Ontario, or not, are there precedents, and what's the position on
this in this FOSS oriented Linux group, which, as others have astutely noticed,
is very much interested in the matter for practical reasons. You seem to know
more than many others on this theme. Could you go one step further, if possible,
and dot the i's: are they common (the shackle type contracts), or not, and is
there a recent enough precedent (FOSS oriented obviously, although I did not
imply that in my case that would be connected to FOSS in any way).

Along the same lines of thought, is a work contract made with a subsidiary of a,
say, US (just hypothetically), company which does business in a US place that
*enforces* the 'employer owns all intellectual property created by employees at
any time during their period of employment' rule (yes, there are several such),
when the contract is made in Canada (with the Canadian subsidiary or directly),
enforceable, legal, or ...

thanks,

  Peter
 

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