Re:IBM employee forced to stop kernel work under personal em...
by blaser-waffle on Tuesday April 20, 2021 @12:45PM
(#26877118)
> 2871 Relate at the time of conception or reduction to practice of the invention to the employer's business, or actual or anticipated research or development of the employer
IMO this is the gray area. Could IBM make a reasonable case that this kernel work is related to / close to / similar to what IBM is doing? Could they have learned something, even just a rejected -- but proprietary -- approach from an internal project... that kinda ends up on the kernel?
I agree with the consensus that IBM is in the wrong here... but lawyers might be able to prove otherwise.
IMO this is the gray area. Could IBM make a reasonable case that this kernel work is related to / close to / similar to what IBM is doing? Could they have learned something, even just a rejected -- but proprietary -- approach from an internal project... that kinda ends up on the kernel?
I agree with the consensus that IBM is in the wrong here... but lawyers might be able to prove otherwise.