Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by srean on Thursday August 06, 2015 @12:44AM (#10014563)

Thanks. You touch upon one of my pet peeves. A huge amount of legislative energy is spent to ensure that capital can move around unfettered. On the contrary, movement of skill and intellectual property seems purposefully hindered. Implicitly it says that capital is much more important than the others, I simply disagree.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by dredmorbius on Thursday August 06, 2015 @01:24AM (#10014687)

It's less that capital is more important and more that it's inherently more concentrated, and hence, more capable of expressing its political will.

A dynamic pointed out quite explicitly by Adam Smith in Wealth of Nations.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by mathattack on Thursday August 06, 2015 @10:27AM (#10016648)

There's an economics term for this, though I'm spacing on the name. It's the same reason the taxi lobby is so strong - it's a subset of 1 issue voters with concentrated financial support of key issues. It's also behind why tax loopholes are so hard to close - a small subset cares a lot, but the masses less so.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by dredmorbius on Thursday August 06, 2015 @07:07PM (#10020028)

There are several. Smith noted Hobbes's truism: wealth is power. You might be thinking of the logic of collective action, Mancur Olsen.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by mathattack on Thursday August 06, 2015 @11:18PM (#10020790)

Yes - Mancur Olson it is. Thanks! It's more subtle than just Wealth is Power, as it also explains some counterintuitive results.

https://en.wikipedia.org/wiki/The_Logic_of_Collective_Action

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by dredmorbius on Saturday August 08, 2015 @01:42AM (#10026469)

Quite. A personal fave.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by guelo on Thursday August 06, 2015 @12:27PM (#10017572)

Yes! Imagine if these trade deals were also about allowing the unfettered movement of people.

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Re:Hawaii Bans Non-Compete and Non-Solicit Clauses in High-T... by mathattack on Thursday August 06, 2015 @01:05AM (#10014636)

It helps for capital to have cheaper labor, and vice versa. :-) The system grows best when both are free. (Incidentally, this is also why I'm ok with stock buybacks. If companies can't put their money to good use, retire the stock and let people invest it elsewhere)

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