dya@unc-c.UUCP (06/02/84)
<If McDonalds and Wendy's fry, and Burger King flame broils.....>
This one really goes too damn far. I suppose that XXX requires it's
EE's to noncompete using Tektrnoix oscilloscopes, too. Why not keep ditch
diggers from using a shovel, or free agents from using a certain brand of
weight of bat?
If you really earn a living writing "C" for Unix whatever, it isn't
a matter of public policy to keep you from earning your living elsewhere
ah mean, a man's gotta eat. Disc jockeys are often asked to sign such
agreements (We have all been here before...) but the ones which were attempted
by certain chain broadcasters to keep you from moving to market YYY where
group X also had a station, have been pretty much held illegal. I can
understand a proprietary rights agreement, but this GOES TOO FAR. After all,
there are laws against everything they are trying to protect themselves from
anywy (except free market economics).
Suppose you used Modula-2 to generate Unix object code, for example.
Is this covered under the agreement? Suppose you used a C compiler running
under VMS to generate assembly code for the VAX, and some other person took
it and assembled it under Unix? Where is the line drawn?
This may even be a violation of certain anti-trust laws (suppose you
wanted to go in business for yourself)?
I would be highly insulted at anyone who would ask me to sign such a
bunch of horse hockey, and would refuse on the spot, until competent legal
counsel could negotiate more reasonable terms. I especially like the clause
at the end which appoints the court as guardian of XXX's rights. If a judge
tossed the agreement out, they would probably toss the whole thing out anyway
as a matter of public policy.
As a flaming capitalist, I feel that any company which has to guarantee
their rights over and over and over again, and who restricts competition which
is most certainly healthy for the economy, is full of it. Sufficient legal
remidies already exist to protect proprietary information. No agreements
should be made to eliminate competition and a person's right to make a
living.
Hire a competent attorney, and don't sign it.
dya