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I think I remember reading an article written by Joel Spolsky a few years back about employee agreements. I've searched around for 45 minutes and can't find the answer.

There was a debate over who owned the work product for work done after-hours. The argument could be seen in 1 of 2 ways:

  1. The employer own anything you do from 9-5. Anything an employee does after hours is their own.
  2. The employer is paying you a yearly salary for all the work product you come up with over the course of the employee's employment. If they do work on the "side" after they go home, the employer still has the right to that IP.

Can anyone point me to this article? It was a gem.

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Have you tried searching Joel's site? – FrustratedWithFormsDesigner May 31 '11 at 21:19

closed as too localized by gnat, MadKeithV, Bart van Ingen Schenau, Walter, GlenH7 May 6 at 13:25

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2 Answers

up vote 11 down vote accepted

I believe you're referring to this answer by Joel and not to an actual article. At least I haven't seen any article on this topic.

If I'm allowed to comment on this answer then it was this text that has actually undermined my previously rather high respect for Joel. One thing clear I wouldn't want to work for his company. I personally stand by my opinion - no company which wants to "own you" would get me. If all of them were to start putting this hostile clause in their agreements I would change the profession but will not succumb to their demands.

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Thanks for the quick responses. This was what I was looking for – Peter Walke Jun 2 '11 at 4:03
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"owe you" = "own you"? – Aaronaught Jun 13 '11 at 21:54
@Aaronaught: Good catch, thank you. – user8685 Jun 13 '11 at 22:10

Does your employer own your side projects? by Joel Spolsky

There’s a surprising amount of misinformation out there about whether software companies own the work that a programmer does in their spare time.

From my answer to the question on answers.onstartups.com:

Being an employee of a high tech company whose product is intellectual means that you have decided that you want to sell your intellectual output.

Read the whole thing here:

If I'm working at a company, do they have intellectual property rights to the stuff I do in my spare time?

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It might be beneficial for future community viewers to add some content from the link to your answer. This way if joel's site changes/links get shuffled around your answer still contains the information the OP desires. The link you reference ends up linking to the answer developerArt supplied. – Chris Jun 1 '11 at 0:21
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At least mention the title of the column or something like that so a Google search might work if the site organization is changed. – David Thornley Jun 13 '11 at 21:25

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