Re: Informix vs Oracle, alleged trade secret theft

From: Nils Myklebust <Nils.Myklebust_at_idg.no>
Date: 1997/01/29
Message-ID: <32ef88a7.29210822_at_gate.idg.no>#1/1


netac <netac_at_worldnet.att.net> wrote:

:Larry Baker wrote:
:>
:> Yomama Sophat wrote:
:> > 1) Who's in the right?
:> > 2) Who will win in the end?
:> > 3) Who's got the better technology?
:>
:
: These cases are very scary. Unless the case is about specific theft of
:software or intellectual property, I could see the point. However, more
:and more tech companies are moving forward with these suits as if to say
:they own the minds of their engineers and they are not free to go
:forward and take a better job for a better offer. Its disgusting, and
:as technical professionals we should all be very concerned about this.
:The work I do for my company belongs to them, but my mind belongs to me
:and so do my skills and I can sell them to the highest bidder. I think
:this point gets lost in the discussion sometimes.

I am sorry, but it is an essential feature of a free country that you can write the type of contract that you want to. If you can't you are not free.
Also if I employ someone for advanced development work I would normally write a contract that they couldn't do competitive work for some time after the emploiment was terminated. I would assume Informix have something like this as well.
Your mind and your knowledge clearly belongs to you with the exception that you can't break a contract. It would often say you shouldn't take the knowledge you have gain during an emploiment and give it to a competior. It doesn't realy matter whether you bring disks, paper or your own memory with you to that competitor.

Of course you are also free to not sign such a contract, and then probably have to go somewhere else for emploiment. You chose. Nobody else can or should make such a decision for you.

If you say that emploiers shouldn't be allowed to demand contracts of the above type you shackel emploiers and you have the start of a non free country which will one day fire back at you very hard.

The whole issue then resolves arround the contracts these emploiees have written with Informix.
Another issue is that the judicial system in the US have been all but broken by a long series of bad lawmaking and not very good practicing in the courts. This makes it very unclear what contracts can be upheld in the courts.

Nils.Myklebust_at_idg.no
NM Data AS, P.O.Box 9090 Gronland, N-0133 Oslo, Norway My opinions are those of my company
The Informix FAQ is at http://www.iiug.org Received on Wed Jan 29 1997 - 00:00:00 CET

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