Comment by kome

6 days ago

this is shameful. no private contract should be superior to the law.

Quite the opposite. No government should be able to overrule your own consensual interactions by threatening to use violence against you to countermand your own choices.

See also being able to sell your copyright to your boss, which in Europe is generally inalienable and can merely be licensed.

  • I must have missed this and I’m genuinely curious how this works.

    How does it work with, say, a SaaS company? Does every employee and contractor retain a perpetual license to each line of code they wrote? If that company ever looks to sell, what intellectual property does the company actually have?

    • In practice, it works the same.

      Technically, there are two kinds of copyright - I'll translate loosely from the Czech law, I'm not sure about the exact English equivalent. There are "person" rights and "property" rights. You can never rescind your "person rights". But that only means that no one can claim you're not the original author. That's about it. You can transfer "property rights" via licensing as you wish. The license can be exclusive and you can give a right to further transfer or sublicense the work to the licensee.

      Also, each work is copyrighted by default. You're not allowed to use something that you just found on the internet if you're not granted a license.