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+ - Open source friendly employee agreement?

Submitted by bmarklein
bmarklein (24314) writes "I'm a startup founder & first-time CEO with an engineering background. I'm working with a law firm and they've given me their standard "Employee Proprietary Information and Inventions Agreement". Anyone who does work for the company will have to sign this. It's absolutely necessary to have an agreement like this to make it clear that the company has legal rights to the work performed by an employee, but the version I have, like every other one I've seen in the past, seems overreaching to me. It defines an "invention" as almost anything one might have created, and then lays claim to all inventions conceived while employed by the company.

I plan on looking for engineers who have made significant open source contributions. I'd like to make clear that they're free to continue working on open source projects. Has anyone seen language in an agreement like this that attempts to do this? I plan on asking my attorney but I suspect they may not have something on hand, so examples would be very helpful."

In any formula, constants (especially those obtained from handbooks) are to be treated as variables.

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