Ok, so I'm building "Web 2.0/3.0" sites to make extra money. I currently run my own personal project sites with some advanced technology in the backend (AI stuff, recommendation system) that I've developed over the years. It's a subscription site for me to make money on the side.
好的,所以我正在建立“Web 2.0 / 3.0”网站以赚取额外的钱。我目前运行自己的个人项目网站,在后端(AI的东西,推荐系统)中使用了多年来开发的一些先进技术。这是一个订阅网站,我可以在旁边赚钱。
Now, my company (they do web application/software technology, ad network) somehow found out I run several websites. They were like, "Hey Joe, you run so and so websites! Why not put them on our ad network?? The stuff you're doing is a threat to our technology -- we don't want you competing with us on the side. Let us have your websites and put it on our portfolio/ad network."
现在,我的公司(他们做网络应用程序/软件技术,广告网络)以某种方式发现我运行了几个网站。他们就像是,“嘿乔,你运行网站!为什么不把它们放在我们的广告网络上?你正在做的事情对我们的技术构成了威胁 - 我们不希望你和我们竞争我们将您的网站放在我们的投资组合/广告网络上。“
Ok, basically it seems they want the rights to my technology and personal project. Somehow they must've googled my name and linked it to some projects I'm working on on the side. Is this ethical for a company to do? Trying to own my personal project since it's got some cool technology and trying to own the rights to it? Just because I work for the company doesn't mean I'm gonna make an offer to them, right?
好吧,基本上他们似乎想要我的技术和个人项目的权利。不知何故,他们必须用Google搜索我的名字并将其与我正在进行的一些项目联系起来。这对公司来说是否合乎道德?试图拥有我的个人项目,因为它有一些很酷的技术,并试图拥有它的权利?仅仅因为我为公司工作并不意味着我会向他们提出要约,对吗?
9 个解决方案
#1
You probably need to consult a lawyer. What were the terms of your employment that you agreed to when you were hired? Was there a non-compete clause? Was there a required disclosure clause?
您可能需要咨询律师。当你被录用时,你同意的工作条款是什么?是否存在非竞争条款?是否有必要的披露条款?
#2
Depends on your employment contract. Your contract might say something like "anything you do, while in the employ of company XYZ, be it during work or non work hours belongs to us". It's time to talk to a lawyer, not ask *, this isn't a technology/programming question.
取决于你的雇佣合同。你的合同可能会说“你做的任何事情,而在公司XYZ的聘用中,无论是在工作期间还是非工作时间都属于我们”。现在是时候与律师交谈,而不是问*,这不是技术/编程问题。
#3
Ethical? Yes, why not. If you're putting stuff out on the web and they can find it via Google, then why shouldn't they? If you don't want people to find stuff you've done on the web then don't put it on the web or use a robots.txt to hide it from Google. It's not completely unreasonable for them to at least wonder if you may be using technology that you developed while you were working for them.
道德吗?是的,为什么不。如果你把东西放在网上,他们可以通过谷歌找到它,那么为什么不应该呢?如果您不希望别人找到您在网上完成的内容,请不要将其放在网上或使用robots.txt将其隐藏起来。他们至少不知道你是否正在使用你为他们工作时开发的技术,这并非完全不合理。
Legal--maybe so, maybe not. Depends on the employment agreement that you signed when you joined the company. I'd consult an employment lawyer for real advice rather than asking here.
法律 - 也许是这样,也许不是。取决于您加入公司时签署的雇佣协议。我会向就业律师咨询真正的建议,而不是在这里询问。
They may have web logs that demonstrate that you were working on your private web sites during work time--if you did so. I'd be very careful in how I proceed if I were you.
他们可能有网络日志,证明您在工作时间内在您的私人网站上工作 - 如果您这样做了。如果我是你,我会非常小心。
#4
check your contract, and/or your state laws and case precedents. Talk to a lawyer.
检查您的合同,和/或您的州法律和案例先例。和律师谈谈。
IMHO it is unethical for them to attempt to take your intellectual property without compensation, even if you have a 'all your codez are belong to us' kind of work-for-hire agreement. But talk to a lawyer, and be prepared to walk, get sued, and countersue, if necessary. Someone trying to steal your lunch money is a bully and a thief, but they may just have a legal claim.
恕我直言,他们试图无偿地获取你的知识产权是不道德的,即使你有“你所有的代码都属于我们”的工作出租协议。但是,如果有必要,请与律师交谈,并准备好走路,起诉和反诉。试图窃取你的午餐钱的人是欺负者和小偷,但他们可能只是有法律要求。
Unfrotunately, this is not a joke. Talk to a lawyer right away.
不幸的是,这不是一个笑话。马上和律师谈谈。
#5
If what you do in any way competes with what your company does or uses technology, intellectual property, information or contacts that you gained because of your employment with your company, then you may have issues and should check your contract and see a lawyer.
如果您以任何方式与您的公司所做的事情竞争或使用您因公司工作而获得的技术,知识产权,信息或联系人,那么您可能会遇到问题,应该检查您的合同并找律师。
The other side is: did you ever work on your sites (and this can include sending emails and the like) your personal projects at work? If so, you may be in trouble there too.
另一方面是:你有没有在你的网站上工作(这可能包括发送电子邮件等)你的个人项目在工作?如果是这样,你也可能遇到麻烦。
IANAL so that's all I'll say on the legalities.
IANAL这就是我所说的合法性。
#6
You need to consult a lawyer to get a definitive answer to this question. The answer might depend on your employment contract, and the laws in your locale. Don't rely on anything people say on the internet regarding legal matters.
您需要咨询律师以获得对此问题的明确答复。答案可能取决于您的雇佣合同以及您所在地区的法律。不要依赖人们在互联网上关于法律问题的任何说法。
Regardless of whether or not it's within their rights to do so, I think it's unethical and foolish of them to pressure you like this. I imagine they have just lost any employee loyalty you might have had.
无论是否有权这样做,我认为他们这样压迫你是不道德和愚蠢的。我想他们刚刚失去了你可能拥有的任何员工忠诚度。
I think a proper response could be, "if you think there's ad revenue potential in my websites, make me an offer that reflects their value, and I'll consider it." After all, you started those sites to make money, right?
我认为应该做出正确的回应,“如果你认为我的网站有广告收入潜力,那么我可以提供反映其价值的优惠,我会考虑它。”毕竟,你开始这些网站赚钱,对吧?
But first talk to a lawyer, to be sure you're in a position to negotiate.
但首先要咨询律师,以确保您能够进行谈判。
#7
Well a friendly way to go about it, and that they should probably be willing to accept if they are a reasonable lot, is to buy/lease your technology. This way you can get a nice sum of money for your work (since you mentioned the purpose of this site was to make extra money in your question).
一个友好的方式,并且他们应该愿意接受,如果他们是一个合理的很多,是购买/租赁你的技术。通过这种方式,您可以为您的工作获得一笔不错的资金(因为您提到这个网站的目的是为了在您的问题中赚取额外的钱)。
Otherwise (if its a pet project first and foremost) you might as well tell them in a friendly manner that you keep that site as a hobby, and you'd prefer to not share it if thats ok, unless they let you work full time on your and a cut in the earnings, etc... (something most people would love to do, work on their pet projects and get paid a stable salary for it).
否则(如果它首先是一个宠物项目)你也可以以友好的方式告诉他们你将该网站作为一种爱好,如果可以,你宁愿不分享它,除非他们让你全职工作在你的收入减少等方面...(大多数人都喜欢做的事情,在他们的宠物项目上工作并获得稳定的工资)。
As always first try to reason with the other party in a civilized and friendly matter, it'll likely make both parties happier, and it'll be better than taking the legal route most of the time.
一如既往首先尝试在文明友好的事情中与对方进行推理,这可能会让双方都更加快乐,而且比大多数时候采取合法途径更好。
#8
I am Not a Lawyer, and the laws almost certainly vary by country/state/province. But if you are working on a side project on your own time, on your own equipment, using only your own network resources, etc., then in my opinion, they have no right to your work.
我不是律师,法律几乎肯定因国家/州/省而异。但是,如果您正在自己的时间,自己的设备上工作,只使用自己的网络资源等,那么在我看来,他们没有权利进行您的工作。
If you signed some sort of vague non-compete contract, or something that says all the stuff you do on your own time is theirs, then you have less of a leg to stand on.
如果你签了某种模糊的不竞争合同,或者说你在自己的时间里做的所有东西都属于他们的东西,那么你就没那么久了。
Your best bet is to ask a lawyer, if there's enough revenue from your subscription base to justify it.
最好的办法是向律师询问,如果您的订阅基数有足够的收入来证明这一点。
#9
Consult a lawyer! Regardless of your contractual obligations, any company has a right to be concerned if one of their employees is running a direct competitor on the side, especially if they can demonstrate that you have access to privileged information which you are using to compete (knowledge of their technologies, marketing strategy, customers etc).
咨询律师!无论您的合同义务如何,任何公司都有权担心其中一名员工是否在运营直接竞争对手,特别是如果他们能够证明您可以访问您用于竞争的特权信息(他们的知识)技术,营销策略,客户等)。
#1
You probably need to consult a lawyer. What were the terms of your employment that you agreed to when you were hired? Was there a non-compete clause? Was there a required disclosure clause?
您可能需要咨询律师。当你被录用时,你同意的工作条款是什么?是否存在非竞争条款?是否有必要的披露条款?
#2
Depends on your employment contract. Your contract might say something like "anything you do, while in the employ of company XYZ, be it during work or non work hours belongs to us". It's time to talk to a lawyer, not ask *, this isn't a technology/programming question.
取决于你的雇佣合同。你的合同可能会说“你做的任何事情,而在公司XYZ的聘用中,无论是在工作期间还是非工作时间都属于我们”。现在是时候与律师交谈,而不是问*,这不是技术/编程问题。
#3
Ethical? Yes, why not. If you're putting stuff out on the web and they can find it via Google, then why shouldn't they? If you don't want people to find stuff you've done on the web then don't put it on the web or use a robots.txt to hide it from Google. It's not completely unreasonable for them to at least wonder if you may be using technology that you developed while you were working for them.
道德吗?是的,为什么不。如果你把东西放在网上,他们可以通过谷歌找到它,那么为什么不应该呢?如果您不希望别人找到您在网上完成的内容,请不要将其放在网上或使用robots.txt将其隐藏起来。他们至少不知道你是否正在使用你为他们工作时开发的技术,这并非完全不合理。
Legal--maybe so, maybe not. Depends on the employment agreement that you signed when you joined the company. I'd consult an employment lawyer for real advice rather than asking here.
法律 - 也许是这样,也许不是。取决于您加入公司时签署的雇佣协议。我会向就业律师咨询真正的建议,而不是在这里询问。
They may have web logs that demonstrate that you were working on your private web sites during work time--if you did so. I'd be very careful in how I proceed if I were you.
他们可能有网络日志,证明您在工作时间内在您的私人网站上工作 - 如果您这样做了。如果我是你,我会非常小心。
#4
check your contract, and/or your state laws and case precedents. Talk to a lawyer.
检查您的合同,和/或您的州法律和案例先例。和律师谈谈。
IMHO it is unethical for them to attempt to take your intellectual property without compensation, even if you have a 'all your codez are belong to us' kind of work-for-hire agreement. But talk to a lawyer, and be prepared to walk, get sued, and countersue, if necessary. Someone trying to steal your lunch money is a bully and a thief, but they may just have a legal claim.
恕我直言,他们试图无偿地获取你的知识产权是不道德的,即使你有“你所有的代码都属于我们”的工作出租协议。但是,如果有必要,请与律师交谈,并准备好走路,起诉和反诉。试图窃取你的午餐钱的人是欺负者和小偷,但他们可能只是有法律要求。
Unfrotunately, this is not a joke. Talk to a lawyer right away.
不幸的是,这不是一个笑话。马上和律师谈谈。
#5
If what you do in any way competes with what your company does or uses technology, intellectual property, information or contacts that you gained because of your employment with your company, then you may have issues and should check your contract and see a lawyer.
如果您以任何方式与您的公司所做的事情竞争或使用您因公司工作而获得的技术,知识产权,信息或联系人,那么您可能会遇到问题,应该检查您的合同并找律师。
The other side is: did you ever work on your sites (and this can include sending emails and the like) your personal projects at work? If so, you may be in trouble there too.
另一方面是:你有没有在你的网站上工作(这可能包括发送电子邮件等)你的个人项目在工作?如果是这样,你也可能遇到麻烦。
IANAL so that's all I'll say on the legalities.
IANAL这就是我所说的合法性。
#6
You need to consult a lawyer to get a definitive answer to this question. The answer might depend on your employment contract, and the laws in your locale. Don't rely on anything people say on the internet regarding legal matters.
您需要咨询律师以获得对此问题的明确答复。答案可能取决于您的雇佣合同以及您所在地区的法律。不要依赖人们在互联网上关于法律问题的任何说法。
Regardless of whether or not it's within their rights to do so, I think it's unethical and foolish of them to pressure you like this. I imagine they have just lost any employee loyalty you might have had.
无论是否有权这样做,我认为他们这样压迫你是不道德和愚蠢的。我想他们刚刚失去了你可能拥有的任何员工忠诚度。
I think a proper response could be, "if you think there's ad revenue potential in my websites, make me an offer that reflects their value, and I'll consider it." After all, you started those sites to make money, right?
我认为应该做出正确的回应,“如果你认为我的网站有广告收入潜力,那么我可以提供反映其价值的优惠,我会考虑它。”毕竟,你开始这些网站赚钱,对吧?
But first talk to a lawyer, to be sure you're in a position to negotiate.
但首先要咨询律师,以确保您能够进行谈判。
#7
Well a friendly way to go about it, and that they should probably be willing to accept if they are a reasonable lot, is to buy/lease your technology. This way you can get a nice sum of money for your work (since you mentioned the purpose of this site was to make extra money in your question).
一个友好的方式,并且他们应该愿意接受,如果他们是一个合理的很多,是购买/租赁你的技术。通过这种方式,您可以为您的工作获得一笔不错的资金(因为您提到这个网站的目的是为了在您的问题中赚取额外的钱)。
Otherwise (if its a pet project first and foremost) you might as well tell them in a friendly manner that you keep that site as a hobby, and you'd prefer to not share it if thats ok, unless they let you work full time on your and a cut in the earnings, etc... (something most people would love to do, work on their pet projects and get paid a stable salary for it).
否则(如果它首先是一个宠物项目)你也可以以友好的方式告诉他们你将该网站作为一种爱好,如果可以,你宁愿不分享它,除非他们让你全职工作在你的收入减少等方面...(大多数人都喜欢做的事情,在他们的宠物项目上工作并获得稳定的工资)。
As always first try to reason with the other party in a civilized and friendly matter, it'll likely make both parties happier, and it'll be better than taking the legal route most of the time.
一如既往首先尝试在文明友好的事情中与对方进行推理,这可能会让双方都更加快乐,而且比大多数时候采取合法途径更好。
#8
I am Not a Lawyer, and the laws almost certainly vary by country/state/province. But if you are working on a side project on your own time, on your own equipment, using only your own network resources, etc., then in my opinion, they have no right to your work.
我不是律师,法律几乎肯定因国家/州/省而异。但是,如果您正在自己的时间,自己的设备上工作,只使用自己的网络资源等,那么在我看来,他们没有权利进行您的工作。
If you signed some sort of vague non-compete contract, or something that says all the stuff you do on your own time is theirs, then you have less of a leg to stand on.
如果你签了某种模糊的不竞争合同,或者说你在自己的时间里做的所有东西都属于他们的东西,那么你就没那么久了。
Your best bet is to ask a lawyer, if there's enough revenue from your subscription base to justify it.
最好的办法是向律师询问,如果您的订阅基数有足够的收入来证明这一点。
#9
Consult a lawyer! Regardless of your contractual obligations, any company has a right to be concerned if one of their employees is running a direct competitor on the side, especially if they can demonstrate that you have access to privileged information which you are using to compete (knowledge of their technologies, marketing strategy, customers etc).
咨询律师!无论您的合同义务如何,任何公司都有权担心其中一名员工是否在运营直接竞争对手,特别是如果他们能够证明您可以访问您用于竞争的特权信息(他们的知识)技术,营销策略,客户等)。