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Amazon Drops 'Draconian' Policy on Making Games After Work Hours (bloomberg.com) 48

Amazon.com withdrew a set of staff guidelines that claimed ownership rights to video games made by employees after work hours and dictated how they could distribute them, according to a company email. Bloomberg: The longstanding policies within Amazon Game Studios had drawn criticism on social media over the last month after a Google engineer posted about them. Some game developers described the rules as "draconian." The old policies mandated that employees of the games division who were moonlighting on projects would need to use Amazon products, such as Amazon Web Services, and sell their games on Amazon digital stores. It also gave the company "a royalty free, worldwide, fully paid-up, perpetual, transferable license" to intellectual property rights of any games developed by its employees.
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Amazon Drops 'Draconian' Policy on Making Games After Work Hours

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  • by Mspangler ( 770054 ) on Thursday August 12, 2021 @02:05PM (#61685123)

    RCW 49.44.140

    Requiring assignment of employee's rights to inventions—Conditions.

    (1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.

    (There is more)

    I thought Amazon was a Washington company, they had to know this.

    It applies to copyrightable work as well.

    • by Zak3056 ( 69287 ) on Thursday August 12, 2021 @02:10PM (#61685141) Journal

      (a) the invention relates (i) directly to the business of the employer

      It's a fair assumption that, legally speaking, developing a video game "relates directly to the business" of Amazon Game Studios.

      • It's a fair assumption that, legally speaking, developing a video game "relates directly to the business" of Amazon Game Studios.

        At this point in time, is there any field of human endeavor in which Amazon doesn't have it's grubby little fingers? No matter what your side gig I think they could make a fair case that it relates directly to their business.

        • by Zak3056 ( 69287 )

          I think that's a fair statement, but not really relevant in this situation. The story is about, specifically, employees of Amazon Game Studios making games after hours. It's not like the guys who work on Route 53 being told they can't make Youtube videos because that would be a conflict with Prime Video or something similar.

    • unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer.

      That is they key part. So yeah it isn't illegal as (i) (ii) apply.

    • ... unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development...

      Why do you think that exception doesn't apply?

  • - Draconian Amazon Employee Policies: Pages 1-499
    - Non-Draconian Amazon Employee Policies: Page 500 (New!)

  • Say I worked for them. I write stories and music. Would they own all rights to that too?

    That type of thing is something that shouldn't be legal in any way, shape, or form. If I'm doing it on my own time, not being paid by the company, and it's not something the company dictated, then what I do is mine. A company claiming ownership of anything the individuals working for them do outside of work is smacks of servitude. Amazon is literally saying they own this person, and everything they do is theirs with

    • well then on clock 24/7 (we own all ownership) or need to log time for each work task.

    • You don't have to work for them if you do not like their policies
    • I don't know Amazon's policy, but in general if you were paid a salary (not an hourly wage or project pay) to write music, the music you write very often belongs to your employer, who paid you to do that.

      On the other hand, if the company pays you a salary for your work in accounting, then a musical hobby wouldn't be within the scope of your employment.

      Personally, I'm employed to create software security solutions. When I want to, I ask my boss (via email) to approve releasing th software or other deliverabl

    • Generally these ownership clauses are limited to things you create in your own time which are similar to what the company is paying you to create. It's to prevent employees from coming up with an idea, invention, song, paper, story, code, whatever during the course of their work, then claiming they came up with it on their own free time so they own it, not the company. e.g. A friend ran a hotel/resort which wanted to create a new educational environmental awareness summer camp program for elementary school
      • by Cederic ( 9623 )

        Yeah, this isn't generally an aggressive authoritarian move by companies, it's a risk management strategy.

        I'm comfortable with my employer owning the ideas I have on how to improve their business and compete effectively in the market they're in, while they're paying me.

        I refuse to let them have copyright over my videos, my photographs, my writing or my dance choreographies.

  • ... where "freedom", while being celebrated as the highest of all values, really means "corporate freedom". The freedom to exploit.

    Because they're bound by the rules of the same economic system, other places are only gradually better, but some other places at least have laws preventing excesses like that.

  • At Google we had to sign 24/7 intellectual property agreements. Not because Google wanted ownership of our side-projects, but because it's the only way they could guarantee ownership of their own codebase.

    Under existing copyright law, I don't think there's any other way to stop an employee logging in remotely on the weekend, submitting a change to, say, Gmail, and then claiming part-ownership of the product.

    Getting an IP exemption was trivial, however. You just filed a ticket, and unless you were working fo

  • Maybe it's just California, but I was under the general impression that if you work on something in your own time and don't use any company resources in the process, they have zero claim to it.

  • This is just an example a lot of developers (or regular employee's) don't think about. Unless the contract explicitly says something about it, you have to be careful with what you do outside working hours in regards to creating stuff, especially if it's in line with what you do at work. As a developer who also creates software in his/her sparetime you must be very wary to have an agreement with your work about the ownership of what you create outside work, as your boss can lay claim on it without you being

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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