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Why I Think D&DN is In Trouble
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<blockquote data-quote="Desdichado" data-source="post: 6242917" data-attributes="member: 2205"><p>If you don't mind my asking, what industry do you work in? And are there specific court cases that you're aware of where this was challenged?</p><p></p><p>In my industry, we have conflict of interest clauses as part of our employment contract. We also sign away any work done with company resources, or on company time. And if I leave to work elsewhere in the industry, I can expect to sign some non-compete stipulations. This is all pretty standard.</p><p></p><p>But if I'm understanding this correctly, this is more like, if I go home in the evening and write a novel on my own computer on my own time in my own house, that my company would attempt to claim ownership of the novel simply because I work for them as my day job. Either I'm understanding this incorrectly, or that's way out of whack with my own experience in the corporate world. I'd be very surprised that such a novel author wouldn't try to sue the employer if they honestly tried to appropriate ownership of my novel, and I'd be very surprised if such a suit weren't successful.</p><p></p><p>Now, that's not exactly an apples to apples comparison, because I don't work for a novel publishing company, but still... the notion that your day job tries to claim ownership of what their employees do while moonlighting is an order of magnitude different than putting non-compete clauses in their employment contracts. It's this really rather radical difference that I'm remarking on, not the notion that non-compete clauses exist in the first place. I'm quite familiar with those.</p></blockquote><p></p>
[QUOTE="Desdichado, post: 6242917, member: 2205"] If you don't mind my asking, what industry do you work in? And are there specific court cases that you're aware of where this was challenged? In my industry, we have conflict of interest clauses as part of our employment contract. We also sign away any work done with company resources, or on company time. And if I leave to work elsewhere in the industry, I can expect to sign some non-compete stipulations. This is all pretty standard. But if I'm understanding this correctly, this is more like, if I go home in the evening and write a novel on my own computer on my own time in my own house, that my company would attempt to claim ownership of the novel simply because I work for them as my day job. Either I'm understanding this incorrectly, or that's way out of whack with my own experience in the corporate world. I'd be very surprised that such a novel author wouldn't try to sue the employer if they honestly tried to appropriate ownership of my novel, and I'd be very surprised if such a suit weren't successful. Now, that's not exactly an apples to apples comparison, because I don't work for a novel publishing company, but still... the notion that your day job tries to claim ownership of what their employees do while moonlighting is an order of magnitude different than putting non-compete clauses in their employment contracts. It's this really rather radical difference that I'm remarking on, not the notion that non-compete clauses exist in the first place. I'm quite familiar with those. [/QUOTE]
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