| ▲ | seanp2k2 4 hours ago | |
>I will give a company the right to try to reproduce my output. But my very likeness and modus operandi? No. You don't need to "give" them anything -- they already have everything they need due to basically anything you do, especially at work, especially while using company equipment, being legally considered "works made for hire" https://www.copyright.gov/title17/92chap1.html + https://www.copyright.gov/circs/circ30.pdf Here's how a refusal to them doing whatever they think would maximize shareholder value with any of your output or data they collect from your company computer would actually go down: the company would do something you didn't like, you'd try to complain about it, HR would listen and document everything. In the best-possible case, they'd let you personally opt out. More likely, since you're likely very easy to replace in their minds, they'd refer you to their data privacy clauses in their acceptable usage policy section of the employee handbook, maybe reference the notice sent out to everyone about how they're doing this, then fire you for performance reasons a few months later. You'd be given an NDA and a very average severance, then you could choose to try to hire a lawyer (who would take at least a third of any pre-tax settlement amount) and fight them, in which case they'd settle for more or less the same as the severance package (and keep in mind both that and any court settlement are both taxable income, so you're not getting a windfall in any case), or you'd just sign the NDA and take the severance with no admission of wrongdoing on their part and no legal recourse. Large companies employ entire orgs of lawyers who specialize in these matters, and it is literally their job to protect the company, not the employees, from lawsuits like this. Is it fully legal and in the clear? Probably not. Will they still 100% get away with it and leave employees with no realistic options or upside attempting to fight it? Of course. Welcome to America, land of the free for corporations which are legally people, just ones with infinite lives who cannot be arrested / imprisoned but can make legal decisions but cannot be subpoenaed. See eg https://www.theverge.com/policy/886348/meta-glasses-ice-doxx... for how the C-suite thinks about this type of thing. Follow eg https://www.aclu.org/press-releases/aclu-and-75-organization... to see what actually happens. More on how "work for hire" applies in a legal sense: https://www.brookskushman.com/insights/innovations-at-work-w... https://outsidegc.com/blog/common-misconceptions-about-the-w... | ||
| ▲ | futuraperdita 4 hours ago | parent [-] | |
> Is it fully legal and in the clear? Probably not. Will they still 100% get away with it and leave employees with no realistic options or upside attempting to fight it? Of course. I am aware of "how the C-Suite thinks about this type of thing", but this is also a good example to surface here of what to redline in future employment contracts. Yes, that will likely shut you out of a lot of places, but the opposite is beyond learned helplessness: it is capitulation to a future that will not end well for the tech worker. | ||