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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."

4 of 248 comments (clear)

  1. IP by Gat0r30y · · Score: 5, Funny

    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.
  2. Re:non competes only make sense when... by BGrif · · Score: 4, Funny

    otherwise what the hell are you supposed to do, work at burger king?

    I hear Burger King has really strict IP rules around the secret to why "The King" is so creepy.

  3. Re:non competes only make sense when... by brian_tanner · · Score: 4, Funny

    Easy solution. Legalize non-competes, but require the company to pay the employee while bound by the non-compete.

    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 /.

  4. Re:non competes only make sense when... by jgtg32a · · Score: 4, Funny

    That sounds like an intelligent solution, it'll never work.