critical point you made is "during work hours"...p
Post# of 148278
hopefully an SNL actor would not be bound by contract if he flew to china and created a funny character an decided to make a billion dollar hit cartoon out of it ala family guy.
lorne micheals is a tough MF and you may notice that most things any SNL allumni does has lornes name on it. deal with the devil. the entertainment biz is a bad analogy to any other biz as these people ARE actually signing away all rights to everything that gets burped or farted out of their bodies ...called "360 degree contracts", the label or film company owns you lock stock and two barrels, and in the must see documentary "artifact", jared leto lays out how insane the contracts are that they are forced to sign or they will "get nowhere" in the biz. financial casting couch. contracts that would be laughed out of any other business and deemed completely illegal. he jokes that if he took a photo of his baby daughter, the label would own the rights to it. turns out thats accurate. fuck that shit.
i dont have pattersons contract in front of me and most likely never will, but i want to believe that when he signed it, he didnt sign away all rights to everything he does outside the scope of "clinical deign strategy including companion diagnostic needs", as he claimed the scope of the contract was. his claim of the contract NOT being a LICENSE agreement, but a CONSULTING agreement to give advice, and all patentable work he performs while an INCELLDX employee is property of INCELLDX as he was not an employee of cytodyn.
he made discovery. he has emails that show that HE contacted CYTODYN about the new "outbreak" that was similar to his work with MERS and SARS years earlier, and that leronlimabs MOA could very well be the solution. cytodyn did not contact himand would have had no reason to.
think of it this way...if it was the other way around, why would cytodyn immediately bring patterson in the loop? he is a diagnostics guy, they would have contacted him much later down the road, there would have been zero reason to bring him into any discovery conversation at all. that makes no sense.
he deserves the patent. if rightful creatives dont get credit for their work, we all lose. the borg will own everything. just like facebook owns your picture of your daughter
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I think we all get that you're a big fan of Bruce's, but to say that you don't care what his consulting agreement says is just silly at best. Contracts are negotiated and unless unlawful, are to be adhered to.
Are you aware that most of the stars of Saturday Night Live do not generally own the characters that they create on the show? Their CONTRACTS usually state (as do most work related contracts) that anything developed during work hours for the company is OWNED by the company. You don't have to like it, that's just how it usually is.
The USPTO may very well state that "first to file gets the patent" (I have not read it), however signed CONTRACTS trump that, if the filing party did not have the right to file.
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