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Re:Cruise by morgante on Thursday April 14, 2016 @03:33AM (#11494892)
You seem to be operating with a bizarre definition of the law.

I have a consulting company. It has clients, it has revenue, and I pay taxes on that revenue. It even has a trade name.

It is not incorporated. That does not mean that you can come along, incorporate it, and say the company actually belongs to you.

By default, the result of your work is your property. This is a central concept of property rights. You can transfer that property to others in exchange for compensation, but without a contract the work remains yours.

Thus, everyone whose work flows into a company automatically is receiving a portion of that company (it is a result of their work) unless some other agreement overrides that (ex. I agree to a vesting schedule).

You cannot be bound by a contract you didn't sign. Jeremy never signed anything agreeing to give up the equity he is automatically entitled to.

Re:Cruise by confiscate on Thursday April 14, 2016 @04:12AM (#11495023)
> You seem to be operating with a bizarre definition of the law.

Well that seems like a personal attack. Maybe stick to the facts and not me and you?

> I have a consulting company. It has clients, it has revenue, and I pay taxes on that revenue. It is not incorporated. That does not mean that you can come along, incorporate it, and say the company actually belongs to you

Yes, exactly my point. You just proved it. In this case you (Kyle) have papers you filed with the government proving ownership of your consulting company, and paid taxes etc. It would be wrong for others (Jeremy) to come along and claim ownership of it simply because they did some paperwork that had no direct impact on the company getting clients or revenue. You just proved my point.

> By default, the result of your work is your property.

Agree.

> Thus, everyone whose work flows into a company automatically is receiving a portion of that company

Disagree. If I do volunteer work for a non-profit or school, I don't own a portion of that non-profit or school. Yes, I own the work I did, and I am entitled to take it back or discontinue it, but my work does not automatically "convert" to ownership of the organization in the absence of signed forms.

If I made a magazine for a non-profit, without being paid, I own the magazine, it's my IP, and I am entitled to stop the non-profit from using my magazine at any time. But I don't get to "own" a part of the non-profit simply because I own the magazine.

Owning my work, and owning equity in someone else's company that have used my work in the past, are 2 separate things entirely.