Delaware has an interesting section in its "Labor Code", 19
Delaware Statutes Section 805, related to ownership of
employee inventions made off the job. Watch out for the
"escape clause."


SECTION 18-805. Employee's Right to Certain Inventions.

    Any provision in an employment agreement which provides that 
the employee shall assign or offer to assign any of his rights in 
an invention to his employer shall not apply to an invention that 
they employee developed entirely on his own time without using 
the employer's equipment, supplies, facility or trade secret 
information, except for those inventions that; (i) relate to the 
employer's business or actual or demonstrably anticipated 
research or development, or (ii) result from any work performed 
by the employer for the employer.

/* Folks, there is a huge exception here. It seems that all 
inventions which relate to the business (what is that, 
computers???? or computer telecommunications???) can be required to 
be assigned. The key question here is how broadly will the term 
"relate to the employer's business" be construed. If it is 
broadly construed, this section becomes meaningless. */

To the extent a provision in an employment agreement purports to 
apply to the type of invention described, it is against the 
public policy  of this State and is unenforceable. An employer 
may not require a provision of an employment agreement made 
unenforceable under this section as a condition of employment or 
continued employment.

/* Here's Delaware's Computer Crimes Law, Title 11, Section 931, 
adopted in   */


SECTION 931. Definitions. As used in this subpart:

     (1) "Access" means to instruct, communicate with, store data 
in or retrieve data from, a computer, computer system or computer 
network.

     (2) "Computer" means a programmable, electronic device 
capable of accepting and processing data.

     (3) "Computer network" means:

          a. A set of related devices connected to a computer by 
communications facilities;

          b. A complex of two or more computers, including 
related devices, connected by communications facilities; or

          c. The communications transmission facilities and 
devices used to interconnect computational equipment, along with 
control mechanisms associated thereto.

     (4) "Computer program" means a set of instructions, 
statements or related data that, in actual or modified form, is 
capable of causing a computer or computer system to perform 
specified functions.

     (5) "Computer services" includes, but is not limited to, 
computer access, data processing and data storage.

     (6) "Computer software" means 1 or more computer programs, 
existing in any form, or any associated operational procedures, 
manuals or other documentation,

     (7) "Computer system" means a computer, its software, 
related equipment and communications facilities, if any, and 
includes computer networks.

     (8) "Data" means information of any kind in any form, 
including computer software.

     (9) "Person" means a natural person, corporation, trust, 
partnership, incorporated or unincorporated association and any 
other legal or governmental entity, including any state or 
municipal entity or public official.

/* This means that if the State of Delaware copies a copyright 
program without authority, it is guilty of computer crime. 
Compare this with the result discussed in the tutorial on state's 
current general immunity from copyright infringement claims. */

     (10) "Private personal data" means data concerning a natural 
person which a reasonable person would want to keep private and 
which is protectable under law.

/* This is the OBJECTIVE standard for personal data. In other 
words, no matter how much you may subjectively want to keep 
something private, it is not private unless the community as a 
whole, a reasonable person, would agree that it is something that 
someone would want to keep private. */.

SECTION 932 Unauthorized access.

     A person is guilty of the computer crime of unauthorized 
access to a computer system when, knowing that he is not 
authorized to do so, he accesses or causes to be accessed any 
computer system without authorization.

SECTION 933 Theft of computer services

     A person is guilty of the computer crime of theft of 
computer services when he accesses or causes to be accessed or 
otherwise uses or causes to be used a computer system with the 
intent to obtain unauthorized computer services,  computer 
software or data.

SECTION 934 Interruption of computer services

     A person is guilty of the computer crime of interruption of 
computer services when that person, without authorization, 
intentionally or recklessly disrupts or degrades or causes the 
disruption or degradation of computer services or denies or 
causes the denial of computer services to an authorized user of 
the computer system.

SECTION 935 Misuse of computer system information
     
     A person is guilty  of the computer crime of misuse of 
computer system information when:

          (1) As a result of his accessing or causing to be 
accessed a computer system, he intentionally makes or causes to 
be made an unauthorized display, use, disclosure or copy, in any 
form, of data residing in, communicated by a computer system;

      (2) That person intentionally or recklessly and without 
authorization:

               a. Alters, deletes, tampers with, damages, 
    destroys or takes data intended for use by a computer system, 
    whether residing or external to a computer system; or

               b. Interrupts or adds data to data residing within 
    a computer system;

    (3) That person knowingly receives or retains data obtained 
    in violation of subdivision (1) or (2) of this section; or

     (4) that person uses or discloses any data which that person 
    knows or believes was obtained in violation of subdivision 
    (1) or (2) of this section.

SECTION 936 Destruction of computer equipment

     A person is guilty of the computer crime of destruction of 
computer equipment when that person, without authorization, 
intentionally or recklessly tampers with, takes, transfers, 
conceals, alters, damages or destroys any equipment used in a 
computer system or recklessly causes any of the foregoing to 
occur.

SECTION 937 Penalties

     (a) A person committing any of the crimes described in 
sections 932-936 of this title is guilty in the first degree when 
the damage to or the value of the property of computer services 
affected exceeds $ 10,000.00.
     Computer crime in the first degree is a class B felony.

     (b) A person committing any of the crimes described in 
sections 932-936 of this title is guilty in the second degree 
when the damage to or the value of the property or computer 
services affected exceeds $ 5,000.00.

     (c) A person committing any of the crimes described in 
sections 932-936 of this title is guilty in the third degree 
when:

     (1) The damage to or value of the property or computer 
services affected exceeds $ 1,000; or

     (2) The person engages in conduct which creates a risk of 
serious physical injury to another person.

     Computer crime in the third degree is a class D felony.

     (d) A person committing any of the crimes described in 
sections 932-936 of this title is guilty in the fourth degree 
when the damage to or the value of the property or computer 
services affected exceeds $ 500.

     Computer crime in the fourth degree is a class B 
misdemeanor.

     (e) A person committing any of the crimes described in 
paragraphs 932-936 of this title is guilty in the fifth degree 
when the damage to or value of the property or computer services, 
if any, is $ 500 or less.

     Computer crime in the fifth degree is a Class B misdemeanor. 

     (f) Any person gaining money, property [,]services, or other 
consideration through the commission of any offense under this 
subpart, upon conviction, in lieu of having a fine imposed, may 
be sentenced by the court to pay an amount, fixed by the court, 
not to exceed double the amount of the defendant's gain from the 
commission of such offense. In such case, the court shall make a 
finding as to the amount of the defendant's gain from the offense 
and, if the record does not contain sufficient evidence to 
support such a finding, the court may conduct a hearing upon the 
issue. For the purpose of this section, "gain" means the amount 
of money or the value of property or computer services or other 
consideration derived.

     (g) Amounts included in violations of this subpart committed 
pursuant to 1 scheme or course of conduct, whether from the same 
person or several persons, may be aggregated in determining the 
degree of the crime.

     (h) For the purposes of this subpart, the value of the 
property or computer services shall be:

     (1) The market value of the property or computer services at 
the time of the violation; or

     (2) If the property or computer services are unrecoverable, 
damaged or destroyed as a result of the violation of this 
subpart, the cost of reproducing or replacing the property at the 
time of the violation.

     When the value of the property or computer  services or 
damage thereto cannot be satisfactorily ascertained, the value 
shall be deemed to be $250.

Section 938.  Venue

/*venue is the law that determines where cases will be heard.  
Blowing up a train occurs at a specific geographical point and so 
like most crimes where it happened and where it should be tried 
is obvious.  It's not so obvious with computer crimes.*/

     (a)  In any prosecution for any violation of sections 932-
936 of this title, the offense shall be deemed to have been 
committed in the place at which the act occurred or in which the 
computer system or part thereof involved in the violation was 
located.

     (b)    In any prosecution for any violation of sections 932-
936 of this title, based upon more than one act in violation 
thereof, the offense shall be deemed to have been committed in 
the place at which the act occurred or in which the computer 
system or part thereof involved in the violation was located.

     (c)  if any act performed in furtherance of the offenses set 
out in sections 932-936 of this title occurs in this state or in 
any computer system or part thereof accessed in violation of 
sections 932-936 of this title is located in this state  , the 
offense shall be deemed to have occurred in this state.

SECTION 939.  Remedies of aggrieved persons.

     (a)  Any aggrieved person who has reason to believe that any 
other person has been engaged, is engaged, or is about to engage 
in an alleged violation of any provision of sections 932-936 of 
this title may bring an action against such person and may apply 
to the court of chancery for: (i) An order temporarily or 
permanently restraining and enjoining the commencement or 
continuance of such act or acts; (ii) an order directing 
restitution; or (iii) an order directing the appointment of a 
receiver. Subject to making due provisions for the rights of 
innocent persons, a receiver shall have the power to sue for, 
collect, receive and take into his possession any property which 
belongs to the person who is alleged to have violated any 
provision of this subpart and which may have been derived by, 
been used in or aided in any manner such alleged violation. Such 
property shall include goods and chattels, papers, choses in 
action, bills, notes and property of every description including 
all computer system equipment and data, and including property 
with which such property has been commingled if it cannot be 
identified in kind because of such commingling. The receiver 
shall also have the power to sell, convey and assign all of the 
foregoing and hold and dispose of the proceeds thereto under the 
direction of the Court. Any person who has suffered damages as a 
result of an alleged violation of any provision of Sections 932-
936 of this title, and submits proof to the satisfaction of the 
COurt at he has in fact been damaged, may participate with 
general creditors in the distribution of the assets to the extent 
that he has sustained out-of-pocket losses. The Court shall have 
jurisdiction of all questions arising in such proceeding and may 
make such orders and judgment therein as may be required.

     (b) The Court may award the relief applied for or such other 
relief as it may deem appropriate in equity.

     (c) Independent of or in conjunction with an action under 
subsection (a) of this section, any person who suffers any injury 
to person, business or property may bring an action for damages 
against a person who is alleged to have violated any provisions 
of Sections 932-936 of this title. The aggrieved person shall 
recover actual damages and damages for unjust enrichment not 
taken into account in computing damages for actual loss and 
treble damages where there has been a showing of willful and 
malicious conduct.   

     (d) Proof of pecuniary loss is not required to establish 
actual damages in connection with an alleged violation of Section 
935 of this title arising from misuse of private personal data.

     (e) In any civil action brought under this section, the 
Court shall award to any aggrieved person who prevails reasonable 
costs and reasonable attorney's fees.

     (f) The filing of a criminal action against a person is not 
a prerequisite to the bringing of a civil action under this 
section against such person.

     (g) No civil action under this section may be brought but 
within 3 years from the date the alleged violation of Sections 
932-936 of this title is discovered or should have been 
discovered by the use of reasonable diligence.