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View Diary: No, Silicon Valley, you do not get a pass (98 comments)

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  •  Another point (7+ / 0-)

    Non-competes are contracts between corporations and employees.

    They are not agreements between corporations and other corporations.

    What corporations are supposed to do, if they are following the law, is to compete with each other.

    •  um, not exactly (1+ / 0-)
      Recommended by:
      O112358

      If I hire someone with a non-compete from my competitor they will sue that person AND ME.  

      Which is why my company, being in tech, asks everyone on the first page of the application webpage "Are you currently under the terms of a Non-Compete Agreement?".

      There is actual liability.  And while the terms of which companies might or might not be a competitor are vague, this is exactly the grey area Jobs was personally threatening to use to bring endless lawsuits to other companies.  

      Google hires someone from Apple to work on their search algorithms?  Technically that probably wouldn't trigger a non-compete with an Apple employee since Apple is not in the search engine business but Jobs could allege that the person was hired to obtain proprietary algorithm code and concepts that iTunes uses in its recommendation engine or that is used in the AppStore to search against disparate 3rd party databases or something..  all he needs is an angle so he could send the Apple Lawyers out FULL BORE just to send a message.

      Who is better positioned to afford a lawsuit, regardless of eventual outcome, Apple or any other company in the World?

      If I was the lawyer from Google, I would easily see the wisdom in adopting the "This isn't worth it." recommendation.  

      We'll see what happens.  If the plaintiffs have enough of a case they will get some kind of settlement, I'm sure.

      Красота спасет мир --F. Dostoevsky

      by Wisper on Mon Mar 31, 2014 at 10:24:48 AM PDT

      [ Parent ]

      •  Nothing you said refutes my point (1+ / 0-)
        Recommended by:
        blueoasis

        Again, that point was that NCAs traditionally have 2 parties: an employer and employee. As opposed to two different employers.

        Anybody can sue anybody for anything. Steve Jobs certainly had the fuck-you-money to sue competitors into submission and I understand the appeal of quietly striking a truce with someone like that if you are Google or Adobe or whoever. That doesn't excuse it, though.

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