Posts by /u/A_Wolf_In_The_Woods

Are cloud stack templates and infrastructure as code considered intellectual property?

High-Level Question:

Lets say I work for company A, migrating on-prem workloads to cloud solutions in AWS. While working for this company, I developed an architecture that gave the company a distinct advantage in workload cost, performance, and reliability in the market. The architecture has a combination of opensource software, commerical licenses, and proprietary solutions. Like the good cloud administrator I am, I template the environment at varying levels with CloudFormation for automation purposes.

A year later, I post my resume in hopes of finding my next career opportunity. Company B contacts me, and is interested in the work I’ve done for Company A due to their recent success. They offer me a position with the expectation that I can deliver the same results for their company by optimizing their cloud architecture. I recognize their workloads can rapidly be improved by applying the templates or infrastructure as code I developed for company A.

Now, legally in the US, is anything wrong here? Is infrastructure as code considered intellectual property in this case?

Assumptions:

  • There’s no non-compete agreements, but”intellectual property” developed for Company A during my employment is owned by the company.
  • The template has been sanitized to be company agnostic with only opensource firmware.
  • Standard “only do company work on company equipment” agreements exist, but there’s a gray area for how to ‘take with me’ the sanitized templates if I were to leave the company.

Bonus Question: Is there legal risk in publishing these solutions to AWS Marketplace?

submitted by /u/A_Wolf_In_The_Woods
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