Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Why NYC is not Palo Alto cc: MikeBloomberg

ajayjapan.posterous.com

Post reply on HN
Print view View original

41–47 of 47 posts

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#41

Post by danssig »

bluedanieru wrote: post #40
danssig wrote: post #39

Earlier quoted context omitted.

It's a show of good faith but they would have no claim to your side projects anyway (unless you produced a direct competing product that they could reasonably demonstrate you had stolen from them). At least that's my view of it. If anyone has an example of some programmer having his side project legally taken (i.e. a judge made him hand it over. Getting intimidated into handing it over outside of court doesn't count)…

It's easy to brush off intimidation when you forget that fighting it often involves a huge investment in legal fees that few individuals have the resources to spend in a battle with a large corporation. Especially when the law probably isn't on your side and you signed a contract giving away your IP anyway. How about analyzing the situation for what it is: failing to protect independent innovation may result in less…

My point about intimidation was that if it is used then it still isn't proven that the case would hold water. You can't sign yourself into literal slavery, you can only be tricked into giving up rights that you have.

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#42

Post by danssig »

mahyarm wrote: post #37
ntolia wrote: post #2

Unfortunately, the blog post is somewhat flawed. In the CA law he references, it clearly states that the exception to you owning your code/ideas is if they "relate at the time of conception or reduction to practice of the invention to the employer's business, or actual or demonstrably anticipated research or development of the employer." While IANAL, the consensus on a number of websites is that, while working for a…

Nevada and Washington also have similar laws. In CA, non competes are also unenforceable, unlike washington for example.

Do you have an examples of a non compete being enforced?

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#43

Post by jasonkester »

bluedanieru wrote: post #34
jrockway wrote: post #31

Earlier quoted context omitted.

Indeed. Remember, it's companies that can't find programmers, not programmers that can't find jobs.

I'd really like a list of these companies with HR departments that are going to allow an exception to the standard contract because we just really need this guy. You're absolutely right that companies would be better off in attracting talent by revising portions of their contract. You're absolutely wrong to suppose that they're necessarily going to do that.

Every one of them, in my experience. I think I've waived that particular clause (or refused to sign the agreement) five times now for five different employers.

You just need to mention it when they give you the agreement to sign. By the time there's a piece of paper printed out with your name on it, they're committed. And on the other side of the table from that piece of paper is the guy who hired you. A reasonable person that can recognize a silly clause when you point it out.

Just cross out the paragraph, initial next to it, then sign and hand it back. If they want to make a big deal about it, it's them making the big deal, not you.

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#44

Post by zmitri »

rickyjoshi01 wrote: post #38

I think its not really about the law - most startups don't even realize it exists. Its much more about the culture. Investors in the Valley have had phenomenal success for some time directly investing in start-ups and firms are willing to take a bet that they will invest in the next big thing. NYC firms aren't as accessible, and even the big events (Disrupt) tend to be Valley based. Also NYC has a talent issue (altho…

I built a hack during the hackathon at Disrupt and was shocked to see that even though we were in New York, there were very similar traffic numbers from California (Disrupt was using an ISP in New Jersey so I am summing NY and NJ).

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#45

Post by tzs »

danssig wrote: post #42
mahyarm wrote: post #37

Earlier quoted context omitted.

Nevada and Washington also have similar laws. In CA, non competes are also unenforceable, unlike washington for example.

Do you have an examples of a non compete being enforced?

http://www.geekwire.com/2011/judge-rejects-exmicrosoft-gms-l...

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#46

Post by pagekalisedown »

thomasgerbe wrote: post #16
photon_off wrote: post #11

Earlier quoted context omitted.

If it were a condition to hire a well-suited candidate. It's surprisingly difficult to find good programmers in NYC.

Where is it easy to find good programmers?

Montreal, Canada. And anywhere else where you have a high concentration of universities and a low cost of living.

Re: Why NYC is not Palo Alto cc: MikeBloomberg

#47

Post by danssig »

tzs wrote: post #45
danssig wrote: post #42

Earlier quoted context omitted.

Do you have an examples of a non compete being enforced?

http://www.geekwire.com/2011/judge-rejects-exmicrosoft-gms-l...

Thanks for the link. That is literally insane. Modern day slavery. There is no logical basis for stopping someone from being in sales up to a year after leaving their previous company. Research is about the only area such a thing would make sense, and even then the restriction should just be on company secrets.

Yet another reason I will never work in the United Corporations of America again.

Post reply on HN