[ILUG] looking for linux software people

[Rick Moen]

Quoting Liam Bedford (lbedford at lbedford.org):

> The problem is that in the US to date, people have been in trouble for 
> that. They seem to have come up with a concept of intrinsic IP... so 
> that the time I spent doing those ten ones wrong should be paid also by 
> the second company.

The statement is overly broad:  Limits on allegedly-proprietary
knowledge are regulated by state law, and treatment differs by state.
California law, for example, makes covenants not to compete 100%
unenforceable[1], and also renders proprietary-inventions agreements
unenforceable even _during_ your term of employment -- where they
concern creations you do on your own time, without using employer
resources.  (The minor catch in the latter provision is that, in the
event of dispute, burden of proof is on the employee.  That's where CVS
logs, diaries, etc. are indispensible.)

Non-disclosure agreements are similarly limited by state law:  Most have
zero force after six months, regardless of what $FIRM's legal department
wrote into the foolscap you signed on Day Zero.

IANAL.  TINLA.  YADA.  HAND.[2]

[1] Exceptions involve people who were substantially controlling owners
of a business rather than primarily being employees, and who then sold
the business.  In which case, a covenant not to compete is basically
an extension of the enterprise's sales agreement:  You can't sell your 
business and then expect state law to protect your right immediately go
after its market with a new firm.

[2] I Am Not A Lawyer.  This Is Not Legal Advice.  Yet Another
Disclaimer Added.  Have A Nice Day.[3]

[3] The Southern USA version of which is, of course, HANDY.[4]

[4] Aw c'mon, y'all can guess that one, right?

-- 
Cheers,           "I don't like country music, but I don't mean to denigrate
Rick Moen         those who do.  And, for the people who like country music,
rick at linuxmafia.com         denigrate means 'put down'."      -- Bob Newhart