Issues with intellectual property have led me to leave a pretty sweet job at EA… and go back. It’s been a bit crazy so I thought I’d explain it somewhere in case anyone is actually interested. I typed quite a bit more than I expected to, so if you don’t care about the details, read just the “What”s been happening” section.
What’s been happening
I left EA Tiburon back in July, after close to five years of working for them. The main reason for doing this was the new hire agreement I had to sign. Essentially it said that if I want to work on anything entertainment or technology related outside of work, I need to inform EA and get approval before I could work on it or share it, and that it would belong to EA. I didn’t feel comfortable giving those things up.
I want to emphasize that I was not at all unhappy with the work, the pay, the people, or that sort of thing. My only real complaint with EA was that I think I should not have to get special approval to make my own things and have them stay mine. In fact, I was really hoping I would be able to come back to EA after a while.
That began six months of making games independently. This was a lot of fun! It wasn’t profitable, I guess, but the money isn’t a problem yet. I prepared for two years with no income, and my expenses have been quite a bit lower than I planned for, so I’m in good shape for quite a while yet.
Then a few weeks ago I got to go back to EA. Here’s where things went a little crazy. I was told by one person that I would come in as a contractor and thus not have the bit about EA owning the stuff I make in my off time, but then when I talked to EA HR, I was told that they way they do things is to hire you part-time for 6 months, then do the contracting part through another company after that. Thinking they knew what they were talking about, I got all excited. I thought I was going to get the of both worlds – getting to work with my friends (and earning money) at EA plus keeping ownership of the stuff I do in my off time!
But
It isn’t working out that way at all. For one, I was not supposed to get hired by EA directly. It seems my old managers had worked it out that since I had been a regular full-time employee for so long, that temporary stuff was unneeded. So two weeks in, I am getting hired by the contracting company instead.
But
The agreement with them has nearly the same language as the others. Even though I wouldn’t be an EA employee, the language in the agreement makes it clear that anything I do related to the business of EA belongs to them. It says explicitly that it does not matter whether or not it was done on my own time, away from EA. This is actually worse than what I had as an EA employee, because EA has a process for requesting exceptions and amending the agreement to leave you the rights to your creation.
So I asked about this to see if there was any possible alternative which would allow me to own the things I make at home in my off time. It was made clear to me that this is just something they do not do. As an added bonus, now I have to sign that newest agreement very soon or resign.
At this point I would feel like a real jerk resigning immediately. Too many good people at EA have bent over backwards to try and make this work for me to just leave right away. I just finished filling out the paperwork for it and tomorrow I should actually be an employee of PrO. (it’s actually not clear whether I am employed by anyone at the moment!?) I still need to figure out exactly how long I will stay there.
In hindsight, I should have known to distrust something that sounded too good to be true and asked him to verify by actually looking (or better yet, letting me look) at those contractor agreements much earlier.
Getting away with it
Despite the language in the agreements, lots of people have been working on things on the side and even making money off of it, and no one seems interested in actually preventing it or claiming ownership of those projects for EA. A number of people have advised me to just make my things under a pseudonym or pen name.
I appreciate the advice, but a pseudonym doesn’t actually solve anything. I don’t need to be sneaky to get away with it. I can get away with it anyway. For most of my time at EA, I was making and sharing games completely ignoring the new hire agreement. Getting away with it was never the problem.
So what is the problem, then? This is the part where maybe I am just showing how not-really-sane I am: even though those parts of the agreements are effectively meaningless, I can’t seem to make it not matter to me.
What does it actually say
Since I first started working for EA, I’ve had at least four different versions of the new hire agreement. The most recent ones include variations on something like this (this is not quoted directly from any of them):
Any Intellectual Property relating in any way to the actual or anticipated business of the Company or Employee’s work for the Company shall be the property of the Company and any such Intellectual Property shall be promptly disclosed to the Company.
I guess there is some wiggle room there on how strictly you interpret “actual or anticipated business”, but EA is definitely making all kinds of games, so it seems like any game I could possibly make would fall under “relating in any way”. On this point, managers and HR told me that this only mattered if I was making money off of the games, but EA Legal disagreed. I don’t see anything in the documents that mentions selling or profiting from these things, so I think I have to go with EA Legal on this.
This might be more of the same Mike-is-crazy: I am bothered by the what the rule actually says, even though the people it matters to want to interpret it differently.
Approval process
EA does have a process for getting projects approved and agreements amended to allow an employee to keep the intellectual property rights on his outside work. This didn’t exist for most of my time at EA, but when it did come around it made me question whether leaving was necessary at all. It really is a huge improvement and thanks to it I was able to do Klik of the Month Klubs and Mini Ludum Dares without going against the rules.
It seems that option is no longer available to me since I’m contracting through another company. I do not yet know whether they have a similar process, but it seems unlikely, and it’d kind of have to be hairy since I’d be making two companies revisit the agreement for this one annoying contractor who keeps making crappy games.
It’s really late and I should stop typing
It’s still a damn shame. It seems that the people it affects at EA and I are completely fine with me doing indie development and part time EA work, and yet we can’t actually get rid of this stupid part of the agreement.