Re: What percentage of kernel is non-paid work?

From: David Schwartz (davids_at_webmaster.com)
Date: 06/23/05 

Date: Thu, 23 Jun 2005 11:14:54 -0700

"Robert Redelmeier" <redelm@ev1.net.invalid> wrote in message
news:3bAue.1722$W74.152@newssvr30.news.prodigy.com...

> Floyd L. Davidson <floyd@barrow.com> wrote:

>> That they *knew* it wasn't legally valid didn't make it
>> less of a condition of employment to 99.9% of the people
>> who received the same set of papers over the years.

> Why would an "assign everything" agreement not be legally
> valid? Perhaps in a non(employment at will) state, or when
> there is specific statute (CA?) But otherwise, there is
> freedom of contract.

    Strangely, courts frequently fail to uphold such clauses under the logic
that they're unreasonable. The general rationale is that the employer has
undue power to set the terms of the contract.

    In any event, the contract can't change Federal law, and it's Federal
law that determines who the owner of a copyrightable work is for copyright
purposes. That doesn't mean you can't assign ownership, but the contract
can't make the employer the author if the legal requirements for it to be
the author aren't satisfied.

    Though nothing happens if they claim authorship. People have tried to
invalidate copyrights and patents on the grounds that authorship was
deliberately misrepresented as a company rather than the individual authors.
Even when courts have held that the authorship was deliberately
misrepresented, courts have never (to my knowledge) held that this
invalidated the copyright or patent against a challenge by a third party.

    DS

Relevant Pages

  • Re: job thing, maybe
    ... blanket contract. ... My experience with British and French companies is the exact ... No sane employer would fire people who make good decisions. ... firm with an implied "job for life" contract had ...
    (sci.electronics.design)
  • Re: Contract and redundancy
    ... there is a test of reasonableness, but if it is overridden by the ... contract terms then much can become reasonable that was not reasonable ... the employer will often settle with the employee before the case gets to the ... a mobility clause is generally considered reasonable ...
    (uk.legal)
  • Re: Code rights for employees (was Re: SCO identifies code?)
    ... studios only own what the artists have granted them at the time. ... > if eBay's contract stipulated that should the author leave eBay, ... If an insurance agent strikes out on his own and takes his ... client base from his previous employer he has deprived that employer of ...
    (Debian-User)
  • Re: Legal battle looms between GC and Yeowart
    ... dismissed then restrictive covenants in one's contract of employment ... You would be claiming for Breach of Contract by claiming unfair ... Employer would either need to re-employ you in a similar role, ... when dismissing him or her. ...
    (uk.railway)
  • Re: What nasty contract of employment? (Re: Glorias P 8.3 Billion bridges)
    ... >> you cannot force an employer to hire you permanently if he is also not ... > Let me see, MERALCO? ... do you see a contract worker working here? ... > contract workers. ...
    (soc.culture.filipino)