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because the ip belongs to the company because presumably he developed it during working hours using the company's resources.


Only if the contract says so. Since it wasn't a development job, there's a chance that clause isn't there.


This is not my understanding at all. In the USA employers own the work of their employees if that work is related to the employer's business which this clearly is.

No clause or contract is required for this to be the case. It's the default state. It might be different in other countries but I doubt it.

Employees have a "duty of loyalty". https://www.google.com/search?q=employee+duty+of+loyalty

That would seem to include things like this issue. It also includes not competing with your employer.


If that were the case, they wouldn't need those clauses inserted into contracts.

The idea of any kind of "duty of loyalty" is absolutely laughable in this day and age. Employers have long since rejected any sense of having loyalty to their employees.

Also, if you're going to link to something, at least link to the Wikipedia article on it. Linking to a Google search is pretty dickish.


Linking to google wasn't meant to be dickish. Wikipedia's article on the topic is sorely lacking and rather than pick some random law firm's blog I thought it was best to just link to google so people could easily read several different people's perspective on the topic.

here's one for California 2016

http://blogs.orrick.com/trade-secrets-watch/2016/01/19/the-d...




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