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."

IP

[Gat0r30y]

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.

Re:non competes only make sense when...

[BGrif]

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.

Re:IP

[BGrif]

Can someone tell me how people can use IP freely?

You know someone was going to do it!

Re:non competes only make sense when...

[brian_tanner]

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 /.

Re:non competes only make sense when...

[jgtg32a]

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

Re:IP

[martin-boundary]

No, no, that's not how Bart would do it. [snpp.com]

Bart: "Is Mister Freely there?"

Moe: "Who?"

Bart: "Freely, first initials I. P."

Moe: "Hold on, I'll check. Uh, is I. P. Freely here? Hey everybody, I. P. Freely! Wait a minute... Listen to me you lousy bum. When I get a hold of you, you're dead. I swear I'm gonna slice your heart in half."

Re:Non compete in MA

[Overzeetop]

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)

Re:Why compete?

[Lemmy Caution]

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."

Re:non competes only make sense when...

[Brickwall]

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!".

Re:non competes only make sense when...

[Anonymous Coward]

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.