Re:When Your Former Boss Sues You for Starting a Startup
by grizzles on Tuesday September 22, 2015 @09:50PM
(#10262919)
It sounds like you agree with me then.
Techniques developed for employer A CAN be taken to employer B. [as long as they are independently created ]
If there is some nuance here that I'm missing, I'd like to know what it is. A finer understanding of this point is probably really important for anyone who works in science.
Re:When Your Former Boss Sues You for Starting a Startup
by sandworm101 on Tuesday September 22, 2015 @10:25PM
(#10263013)
No they cannot be 'taken' from A to B. They must arise independently within in B. The fact B's technique looks very much like A's must be complete coincidence.
Re:When Your Former Boss Sues You for Starting a Startup
by aianus on Tuesday September 22, 2015 @11:23PM
(#10263170)
> A default decision (ie you don't show up) by a US court will be enforced in Canada, Europe or most anywhere else.
Russia and China will be more than happy to take your IP :)
As for free markets, while IP law does create monopolies, the theory is that many protected innovations would never be brought to market without some promise they won't be replicated.
For below: Independent creation is not theft and so the laws do not apply. Copyright and patent bar independent creation, but not tradesecret. No doubt countless production secrets have been independently developed by competitors. When one trys to patent something, these come out of the woodwork as "prior art". But independence is a very hard burden to prove. Any communication from one firm to another, especially the movie a knowledgeable employee from one firm to the other, destroys any notion of independence.