I know our devs cannot share internal code and are limit to what OSS projects they can work. They actually need to get approval to work on an OSS project outside of work (yes). So that basically means they can't share the bulk of their work. The only option then is side projects on github, and this leaves you in a bad situation if your life outside of work doesn't involve coding non-stop.
This still may not be the complete picture. I do not think, most probably, even side projects on Github or elsewhere is legally an option. See my comment here: https://news.ycombinator.com/item?id=6245738
It may depends on laws in your area also. I see people in CA defend this because they have laws that allow "moonlighting". Not all places are like this. I'll admit that I no very little law. That's why a lawyer came in to explain the contract to us. He basically said don't sign it if you want to continue OSS projects.
Being based in California, I am well aware of the laws specific to here also (though IANAL). After having read two books on IP laws, I totally agree with what this lawyer told you -- not to sign. If you were to sign, there are plenty of things there that prevent you from having side projects and moonlighting even if you are in California.
A question: So did you join the company without signing it? What was the reaction of the company? Were they just OK? I know of cases where not signing meant refusing to accept the job. I also know of one case where they allow you to not sign it, but then also bar you from receiving any sign-on and performance bonuses while you are with the company (i.e., you get only the basic pay plus benefits, no RSUs, cash bonus, etc.)
We were acquired and in order to stay employed you had to agree to the new terms. This is a very very large corp that's core business is IP, they don't make exceptions for this. I have bills to pay so I signed.
This is what I expected too. Thanks for responding. I keep on asking these questions to people where relevant to understand how many people have these issues, and thereby also advice other people who are plain unaware.
A majority of people who are aware of their employment contracts report having these issues and cannot legally have contributions to open source or side projects on their Github profiles [1]. I extrapolate from that that those who are unaware of these also are legally-speaking bound by their contracts for these contributions. I still see this rising use of Github profiles to tell good developers apart from bad developers. There was a huge thread I had started on "Startup Engineering" Coursera discussion forums on this topic itself that generated over 50 replies, several new data-points, and also over 20 down-votes for me ;-)
[1] Unless they have appropriately written permission from their employers of course...
