Slashdot Mirror
CA Vs. MA In Battle Over Non-Compete Clause
Lucas123 writes "A case was filed with superior courts in California and Massachusetts involving a former EMC top executive who is trying work for HP. The case is throwing into relief Massachusetts's and California's differing approaches to non-compete clauses in employment contracts. California courts have argued that non-competes hamper a person's ability to traverse the marketplace freely for work, while Massachusetts courts say the agreements actually afford freedom to develop technology without the fear of IP theft."
It seems IP doesn't only belong to the company- but also at least to some degree to the person who actually developed said IP. As it is located in his/her intellect and it is sort of difficult to remove without destroying it.
Not that this argument about IP works in the first place - this guy is an executive.
Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
I hear Burger King has really strict IP rules around the secret to why "The King" is so creepy.
Sounds good, but it sets up the following far too easily:
1) Get hired by a company that has juicy IP
2) Sign a non-compete with "keep getting paid" clause
3) Quit
4) ???? (here the ??? means do whatever you want)
4) PROFIT!
PS: I don't support non-competes. I just always wanted an excuse to post a .... PROFIT! post on /.
That sounds like an intelligent solution, it'll never work.
I believe silicone valley is a bit south of where you were intending to refer. And they're not really into tech, but the IP is pretty entertaining nonetheless.
(Sorry, that one was just too easy)
Is it just my observation, or are there way too many stupid people in the world?
Which is why housing is so cheap in Massachusetts and California.
It brings to mine Yogi Berra: "no one goes there anymore. It's too crowded."
I was going to moderate on this discussion, but the hell with it.. I agree most non-competes are garbage. However, I have always signed someone else's name when requested to complete one (at least half a dozen times). No one ever checks the signature! I wonder how that would work out in court - "Hey, I didn't sign this! Someone named Frank Drakman did!".
What was once true, is no longer so
I had an employer ask if I was going to work for the competition, and when I told him how offensive that is (they have a terrible reputation, and I wouldn't put mine on the line with theirs) he explained he had to ask, as a VP and all. I'm sure I should have said I was, to get extra pay while I was gone, but fuckit. At least I have my integrity.
Anon cause I post under a name they know.