legal question

[Sam Varshavchik]

Marc M writes:

> Hello:  
> 
> I have a 'technical' question that does not involve technology
> specifically, but I am hoping that someone on the list can help me.  I
> have an employment possibility doing Red Hat Enterprise Linux and a
> lot of security stuff.  I really want the job but they are making me
> sign this Stalinist contract to the effect that ANYTHING now or in the
> future (thoughts, concepts, software, plans, processes, RECORDINGS,
> images, etc.) -- is THEIRS.  You wouldn't believe it if I had time to
> type everything.  Basically I am a slave to them from now on.
> 
> That's right, anything NOW OR IN THE FUTURE, on the job or off.  So if

[ … ]

I understand exactly where you are coming from.

My general advice for you is to tell your potential employer to go and fsck 
themselves.  You don't want to work for them.  Trust me.

> Does anyone know a qualified lawyer in the space of OSS that
> understands contracts, employment, and the GPL for starters?  If

If you really want the job, you can flip through yellow pages and look for 
any employment lawyer.  You don't really need one that understands the GPL. 
This is a common enough situation that any employment lawyer should be able 
to help you.


> someone can represent me in this matter I may actually be able to go
> forward and strike through terms and conditions.   And have any of you
> run into similar situations?  What did you do?

I did what I said: I told them thanks, but no thanks.

> underscore that this goes WAAAY beyond the typical 'trade
> secrets'/proprietary information type verbiage, which I would consider
> normal and reasonable under most circumstances.

I tell you one thing that you have going for yourself.  99% of other people 
in your situation would blindly sign everything they are asked to sign.  
Just the fact that you bothered enough to actually read what you are asked 
to sign, and you obviously can think for yourself, tells me that you 
shouldn't worry about passing up this opportunity.  Another one will come by 
soon enough, for a more reasonable employer.

You got to understand that these kinds of things don't exist in a vacuum. 
These are tell-tale signs that there maybe trouble in paradise, and there 
may be more surprises waiting for you when you report to work, the first 
day.


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