[TriLUG] Re: [GoLugTech] Legal Update?

[Marc M]

Thanks for asking.  Well the progress is that as a contractor the
terms get better than as a W2 employee (placed onsite at the client). 
The actual employer who signs the paychecks has a horrible set of
things if you are W2.  If you are contractor there are more things,
but what they ask for with each thing doesn't sound as the other
arrangement.  It has its own set of 'gotchas' but I have decided that
the contractor route would be the only way (in hell) that I would
consent to this deal.

Also what is really left to answer are unknown things such as what is
or isn't really enforceable, especially in terms of state law.  For
example this contract states that basically everything you do is owned
by them in terms of IP and Work Product.  I think that is ok in terms
of proprietary products but working with GPL'd stuff like Red Hat is
not going to apply to some of the work, anyway!

So it seems that the corporate legal strategy is 'ask for the moon,
settle for what's legal'.  They can ASK for anything up to and
<beyond> what the law allows (your thoughts and writings on and off
the job, what you put on a personal website, any future thing that you
do that they could tie into current work such as a book or software,
etc.).  However IMHO --  for one to rely <solely> upon the law to
restrict something --is still WAAAY too restrictive.  Just b/c a
lawmaker hasn't _explicitly prohibited_ something doesn't make it not
worth fighting for!  That's a lot more faith in the legal system than
I have; how about you?

Also part of this makes me sign a clause saying that I will sign any
contracts they want me to in a timely manner.  Call me paranoid but I
think this is b.s.  Thanks again for all the input everybody.  I have
learned a lot with this stuff.

Marc



On Fri, 25 Mar 2005 14:55:20 -0500, Rewt <rewt at freeshell.org> wrote:
> Just wondering if Marc made any progress with his hell-spawned-IP-clause in
> the contract he was considering signing...
> 
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