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Splinter Cell Developers Defect, Ubisoft Objects
Thanks to GameSpot for their story discussing a legal battle brewing in Canada between Ubisoft and Electronic Arts over 5 key developers on Ubisoft's Splinter Cell stealth game series, recently departed to work at the new EA Montreal. Apparently, Ubisoft have tried to legally enforce a clause that "...limits the ability for those who sign it to work in the North American game industry for a period of one year after leaving the company", presumably concerned that this alleged 'poaching' would set up a competing product to their important franchise. However, Jeff Brown of EA raged pointedly: "It seems that Ubisoft thinks of Montreal as a plantation - any worker who dares to escape the Ubisoft plantation will be hunted down by lawyers and forced out of business."
Hate to say it, but if they didn't agree with the clause, they shouldn't have signed the contract. You and I may not think it's fair, but they obviously did, if they read the thing before they signed it. To argue with it now is juvenile and wrong.
Thus the lesson learned is never sign anything similar to a non-compete. Especially in today's job market where job stability is virtually non-existant and no one can afford to wait a year before returning to a similar line of work.
Somehow I've always avoided signing these. It's not that employers have not given them to me to sign, but I usually tell them I need to take it home to look over (with the rest of the paperwork). When I return with the stacks, I bring everything but the non-compete. You'd me amazed at how many companies don't really pay attention to wether or not you really sign. It's only when later down they line that they go to look at your file that they realize that it ain't there.
Go here for teh [sic] funny.
UbiSoft should also demand full disclosure by the effected employees of all communication with EA over the period...After all, if the product was discussed prior to their actual hiring, as is often the case, UbiSoft may have IP claims over the idea...and legal remedy against EA for using "Ubisoft's" IP.
Outside California, employees looking to form a new company or jump ship in mass usually have to take very careful percautions. This sometimes means that they will actually "sit out" of the industry for the full year plotting the new company or working at a partner's company in a different capacity.
Worst part about it is that they don't have jobs at UbiSoft anymore...even if Ubi gets them back. All Ubi is going to have them do is pick and train their replacements! Sucks, but they got caught and that's how these things go. They can still quit the company, but you know Ubi will be attaching that clause to any reference checks that come into their offices for the entire year and forwarding a notice from the lawyer.
Frankly, EA should have known better. Especially if EA has thier own employees sign them. I'd suspect that EA plans to cover the legal expense to win, and then of course force the programmers in to an even LONGER contract at EA. After all, while Ubi may be a "plantation" EA has just blackmailed/extorted the programmers into only being able to work for THEM. Seems just as bad to me.
At my shop, rather than sign individual non-competes [other than directly working for another shop at the same time!] the boss has non-competes with the other bosses of nearby competitors. They agree not to poach each others employees. It mildly bites, but it's a very narrow industry, and things like IT and Office work don't really fit the aggreement anyway, and have plenty of other options.
Non-competes have to be very strict in industry and geographic area to be enforceable. IP assignment is also limited to ideas at work or directly related to your industry. It's a bit harsh to read um, but in the end they are fairly reasonable.
This is why industry moved down south and west! Everyone wants to be the shining flame, big pay, big stocks. But it's also a carefully made effort to slash and burn and undercut the workers. After all, in all of the "right-to-work" states, the pay is half what it is up here for the same job. While it appears that the worker has tons of rights, the employers really have them all...Who do you think sets up all these crazy "employee spy" programs we all hate, drug testing, crazy employee "behavior" policies, etc...After all, you have the "right" to leave their jobs right! [not!]
Realize that what EA is doing is what Microsoft was doing to small software companies in the 90's. EA is actively trying to edge out the other game makers. Again, being really big is cool...being mean about it isn't.
What if your company had the "Big Deal" closing soon, everyone was working on it, it would feed the company for the next whole year. Great! Now the lead sales guy gets a huge offer from a MegaCorp competitor, He takes his contact list...particularly the "Big Deal" ones and instead, uses those contacts to stear the deal away from your company at the last minute. A year of work, and most importantly ALL YOUR JOBS! is on the line here because 1 worker ratted the company out! That's what's happening here...and it sucks!
Even if you already have a job, some executive can get a bright idea and the next thing you know, some HR droid is giving you an agreement to sign. You don't have to sign it, just pack your things and turn in your badge if you don't like it.
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