[user1234567890]

> whenever I read stuff like this it is incredibly disheartening

Its not something to worry about most of the time. At least here in Australia the below situation would be very unenforceable

> if I wrote a sequel to Gone with the Wind, they would have had the rights to it.

A company buys your time and the IP in and around the industry your job is in. Like you can't steal customers, you can't steal IP. If you're paid to come up with a new product/idea you can't just resign and become a competitor you'll get sued for that.

But if your a programmer and write a sequel to Gone with the Wind even if your contract states that the company owns your ideas it won't stand up in a court if the company tries to take ownership. So long as you didn't use company hardware or information which can only be gotten at that company.

[paranoidrobot]

> At least here in Australia the below situation would be very unenforceable

Even in Australia those clauses make it into contracts. It might be unenforceable, but that doesn't stop employers from putting it into their contracts, and it might not stop them from trying to enforce it anyway and making your life difficult.

I don't know how many people challenge it, but I've struck it out of several contracts over the years. Each time it's been met with surprise that I might object to it.

I'll agree to more narrowly targeted clauses for IP assignment (limited to work performed on company time and/or with company resources).

But I've also seen things utterly dumb non-compete clauses which would attempt to prevent me from doing any IT work for sometimes years. Also struck. Also likely unenforceable.

[sircastor]

> Each time it's been met with surprise that I might object to it.

I’ve never run across a situation where someone wanted to remove a clause from an employment agreement and the company was not utterly shocked that someone would not find the terms acceptable.

I generally think it’s a tactic to get the individual to accept the contract wholesale.

[randomswede]

If you have signed a contract that states that "all intellectual property you produce during your employment belongs to $COMPANY", it would be a harder argument, I think.

I have had contracts changed to carve out the "on my time, on my kit" exception (and, yes, I am quite antsy having to involve any of my own equipment in anything work-related).

[CyanLite4]

Just because it probably wouldn’t stand up in court doesn’t mean they won’t have to experience years of stress, legal battles, etc. to the point where you just give up.

I guarantee if your GWTW sequel hits a large payday, then that company will have extra incentive to come after you. In the long run it probably won’t work. But they will grief you along the way.