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Re:Apple lawsuit tests if an employee can plan rival startup... by ogre_codes on Thursday January 23, 2020 @04:25PM (#22132286)
It would be easy enough to firewall your activities based on location. If you are in the office at your place of work, do the work you are paid to do, if you are planning on doing activities that relate to job hunting/ creating a new business, do it after you leave or while at lunch.

If the guy's last couple month's productivity goes through the floor and he has dozens of hour+ long phone calls to his lawyer's office, he might be in trouble.

Re:Apple lawsuit tests if an employee can plan rival startup... by bcrosby95 on Thursday January 23, 2020 @04:57PM (#22132652)
Makes things trickier if you work remotely. Probably a good reason for having a personal computer and a work computer.
Re:Apple lawsuit tests if an employee can plan rival startup... by mattnewton on Thursday January 23, 2020 @05:14PM (#22132846)
Oh, absolutely they should be firewalled by device if you are a salaried employee, especially since most employees work on computers that are the property of their company. But can't my employer assert that they bought all my time when I signed up to be an exempt employee? The moonlighting laws in CA seem to give them leway to so if they are in a related area to my project, which for AmaGoopleSoft is potentially everything that can be done with software these days.
Re:Apple lawsuit tests if an employee can plan rival startup... by gamblor956 on Thursday January 23, 2020 @06:31PM (#22133528)
But can't my employer assert that they bought all my time when I signed up to be an exempt employee?

No, that would be illegal in pretty much every state, except possibly the worker-hostile US Deep South.

The moonlighting laws in CA seem to give them leway to so if they are in a related area to my project, which for AmaGoopleSoft is potentially everything that can be done with software these days.

This is backwards. CA's laws are one of the few in the country that actually let you do this type of thing. Most states let companies have extremely permissive claims to products/IP created by their workers, even off the clock. CA is one of the few states that strongly protects workers' individual creations produced off the clock. In a nutshell, unless you're an executive, material employee, or significant owner of the company, the stuff you make in your free time is yours unless it's directly within the scope of the Company's business activities. And generally, even in those situations CA law provides procedures to protect the workers' independently created IP.

Note: off the clock for these purposes roughly means that you're (a) not in the office/facility and (b) not working on a specific task or project for the company. I'm not going into all of the nuances in this comment.

Re:Apple lawsuit tests if an employee can plan rival startup... by bigiain on Thursday January 23, 2020 @07:06PM (#22133850)
>> But can't my employer assert that they bought all my time when I signed up to be an exempt employee?

> No, that would be illegal in pretty much every state, except possibly the worker-hostile US Deep South.

A friend of mine had to put his PhD on-hold when the company he worked for was acquired by Oracle, while his lawyer and their lawyers argued over whether the "standard employment contract" he was being asked to sign prevented him from publishing his thesis as required by the university to complete his PhD... A face value reading pretty much claimed "everything you think while employed by Oracle becomes IP exclusively owned by Oracle", and his new manager, their manager, and several levels up the corporate hierarchy all stuck to that interpretation for months before granting what was desc ribed to them as an "extremely unusual one-time-only expemtion which you musty not disclose to any colleagues".

Re:Apple lawsuit tests if an employee can plan rival startup... by gamblor956 on Thursday January 23, 2020 @07:20PM (#22133980)
Companies do plenty of things that are illegal, especially when it comes to labor law.

That being said, this story doesn't make sense unless it takes place outside of CA. Work for a PhD thesis is generally done on university grounds, giving the university the putative right to the underlying IP. A third-party employer like Oracle would have to duke it out with the university to claim ownership, no matter what their employment contracts said.

OTOH, if work for the PhD was done using Oracle facilities and equipment, then it makes perfect sense for Oracle to investigate IP ownership since many PhD thesis projects go on to become valuable commercial products.

Re:Apple lawsuit tests if an employee can plan rival startup... by bigiain on Friday January 24, 2020 @01:07AM (#22135789)
This was complex. The acquired company was in the US, but not in CA. The university was in Australia, and yes they also claimed ownership (which had already been agreed as part of starting the PhD). It's quite likely the work on the PhD prior to the Oracle acquisition was done on the original acquired companies equipment (and probably time as well).

It was without doubt a time wasting and frustrating shitfight ensuring he was "allowed" to think about his PhD topic after being acquired by Oracle (although he had enough equity to have done quite nicely out of the deal anyway, I suspect...)

Re:Apple lawsuit tests if an employee can plan rival startup... by ogre_codes on Friday January 24, 2020 @11:45AM (#22139895)
Yes, but that’s not the primary issue in this case. Even then you can firewall based on device... which is a good idea considering large employers don’t even have to go through courts to get access to the device they issued you.
Re:Apple lawsuit tests if an employee can plan rival startup... by thaumasiotes on Thursday January 23, 2020 @04:56PM (#22132636)
> It would be easy enough to firewall your activities based on location.

...if you work from home?

Re:Apple lawsuit tests if an employee can plan rival startup... by Hamuko on Thursday January 23, 2020 @05:11PM (#22132805)
Switch from your work computer to your own computer. If you don't have on the clock vs. off the clock, then I think you could make the argument that you were doing work stuff and then moved to your own computer to do your own stuff.
Re:Apple lawsuit tests if an employee can plan rival startup... by lostlogin on Thursday January 23, 2020 @04:59PM (#22132666)
At work computer versus at own. Or even VPN on, versus off VPN, though that’s harder if you don’t use one.
Re:Apple lawsuit tests if an employee can plan rival startup... by codyb on Thursday January 23, 2020 @06:14PM (#22133376)
Even accounts could be a reasonable separation.

If you absolutely had to use your personal computer for a full time gig I can’t imagine how having a clean slate and user namespace wouldn’t be beneficial.

Discreet SSH keys, directories, downloads, etc.

Re:Apple lawsuit tests if an employee can plan rival startup... by trickstra on Thursday January 23, 2020 @11:06PM (#22135317)
I work from home and even when I have no startup plans I still keep two separate browser profiles, ssh keys, directories etc, exactly for the benefits you mentioned. Things like autocomplete suddenly become "smarter" if they know I'm looking for something work related.
Re:Apple lawsuit tests if an employee can plan rival startup... by jacques_chester on Thursday January 23, 2020 @10:07PM (#22135043)
I have two accounts on my home workstation to create a separation.
Re:Apple lawsuit tests if an employee can plan rival startup... by unnouinceput on Friday January 24, 2020 @09:14AM (#22138399)
10+ years freelancer. I have virtual machines for each client, and a personal one where i test my stuff. Currently ~10 machines sitting on my PC hard, plus 20+ backed up on a separate backup hdd specially made for this. And all are backed also in the cloud, on encrypted volumes, under different providers with thousands of accounts each, all managed by a password manager (I made my own pwd manager for my own needs).

This setup allows me full separation for each client plus my own stuff. Personally I think this is the best solution. Only downside is that requires a good internet connection, which in my country is a non-issue