Elon Musk’s recent call for software engineers to join X and submit their best work has sparked excitement and curiosity among developers. However, some concerns should be raised regarding intellectual property (IP) protection.
While Musk has stated that X doesn’t care about where you went to school or what “big name” company you worked at, it’s important for developers to take steps to protect their IP when dealing with a billionaire who seems to always come out on the winning side of his legal battles.
Here are some tips for developers:
Understand the terms of service: Before submitting any code to X, carefully read and understand their terms of service. This will outline the company’s policies regarding ownership of intellectual property. Here are just some of X’s terms of service:
- There are Intellectual Property Licenses in these Terms: You retain ownership and rights to any of your Content you post or share, and you provide us with a broad, royalty-free license to make your Content available to the rest of the world and to let others do the same. Conversely, we provide you a license to use the software we provide as part of the Services, such as the X mobile application, solely for the purpose of enabling you to use and enjoy the benefit of the Services.
- Your use of the Services is at your own risk: We provide the Services on an “AS IS” and “AS AVAILABLE” basis, and we disclaim all warranties, responsibility, and liability to you or others to the extent permitted by law. You may be exposed to offensive or harmful content posted by other users. The Services may change from time to time, and we may limit or terminate availability of the Services or particular features to you or other users at any time.
- You have remedies and redress mechanisms, but our liability is limited: You have a right to terminate this agreement at any time by deactivating your account and discontinuing use of the Services. Note that we will not be liable for certain types of damages as described in the agreement, and in any event, our aggregate liability shall not exceed the greater of $100 USD or the amount you paid us, if any, in the past six months for the Services giving rise to the claim. Further, if you believe that your Content has been copied in a way that constitutes copyright infringement, the reporting process is detailed in these Terms. If you are a recipient of the X Service in the European Union, you may challenge certain decisions we make under the Digital Services Act (Regulation (EU) 2022/2065) via our internal process or via out-of-court dispute settlement as described here.
Please also note that these Terms incorporate our Privacy Policy (https://x.com/privacy) as well as other terms applicable to your use of the Services and your Content. Finally, these Terms may vary depending on where you live, but in any case, you must be at least 13 years old to use X.
Use a non-disclosure agreement (NDA): If you are concerned about X using your code without your permission, consider having them sign a non-disclosure agreement (NDA). This will help protect your intellectual property rights.
Keep a copy of your code: Always keep a copy of your code on your own computer or in a secure cloud storage service. This will ensure that you have a backup in case something happens to the code you submit to X.
Consult with a lawyer: If you have any questions or concerns about IP protection, it is always a good idea to consult with a lawyer who specialises in intellectual property law.
In addition to these tips, it is also important to be aware of how Elon Musk has handled IP issues in the past. In 2014, Musk announced that Tesla would open its patent portfolio to anyone, free of charge. This move was met with both praise and criticism. Some saw it as a bold and innovative move that would encourage collaboration and innovation. Others argued that it would give Tesla’s competitors an unfair advantage.
Musk has been embroiled in IP cases in the past including being accused of stealing trade secrets from SolarCity, a company he later sold to Tesla.
The SolarCity founders were Elon Musk’s cousins, Lyndon and Peter Rives. The two cousins founded SolarCity in 2006, thanks to a recommendation and large investment from Musk. The company eventually was bought out by Elon Musk 10 years later.
The SolarCity Founders: Why They Needed Elon Musk | Shortform Books
It is important for developers to be aware of the potential risks and benefits of submitting their code to any company, including X. By taking steps to protect their intellectual property, developers can help ensure their work is not used without their permission and they reap the rewards for their code.
