Jeetendra Karki (ITS 360)
Assignment: p-254-259, Answer any two questions of “What would you do?” and answer Critical thinking questions of Two Cases.
What would you do Questions:
By following the five-steps-decision making process is as follows:
1. Defining the problem: The problem is i am contacting employee in different firm for opportunities, but they already have a job in different places and now I get a call from one of the company’s manager saying to stop contacting them because of a non-compete clause firm they’ve signed.
2. Identifying alternatives: I would reply if I could verify that is true then I can stop else it's just a opportunity for any employee for better salary and work and rank.
3. Choosing the alternative: By saying this, I will be doing a lawful thing as employer of a business or company because I don’t want their employee if they leave they are forbidden to share the information’s and not allowed to compete.
4. Implementing the decision: By Implementing this, I will be in the safe side as this will make sure the trade secret isn’t disclosed and the employer feels comfortable doing this.
5. Evaluation: This is a good approach to come at because, non-compete clause is a part of their employment contract and As a recruiter I do have to follow their policy when contacting.
By following the five-steps-decision making process is as follows
1. Defining the problem: We’ve been losing executives and trade secrets from executives leaving the firm.
2. Identifying alternatives: By implementing No Trade Secret Disclosure contract with employee with other benefits included if they stay, we can cut down the possibility of leaking information and have loyal workers.
3. Choosing the alternative: by choosing this we will be able to make it a law that the secret doesn't get out if a executive leaves the job.
4. Implementing the decision: This will be very effective as soon as this is implemented as this will provide a rule and regulation that has to be followed and this will be taken action if any information leaks from executives.
5. Evaluation: This is a good way to keep the information secure and private between companies to avoid data or blueprint leaks.
Critical Thinking Questions of two cases:
Case 1: Target Hires Key Executive Away from Amazon
Answer1: It depends if Mr. Valdez doesn't share the trade secret or doesn't share critical information of Amazon, then the suit is not considered valid else it will.
Answer2: As long as Target does not copy Amazon in terms of the way their design, coding, web-based software is used and processes, they should not have issues and this would be a good fair settlement for both and their uniqueness will be there.
Answer3: Non-Compete clauses in employment contracts definitely encourages innovation until employee works for the same organization and is satisfied, but it can be a slowing down factor for innovation when a employee doesn't feels satisfied and has to move to different organization and start over with new knowledge and work environment.
Case 2: Intellectual Property Fight Over Virtual Reality Headset
Answer1: From the research, the suit was settled down for $250 million from the court. This had a negative impact on Facebook’s forays as it dropped down its stock prices for a while with unsure investors.
Answer2: If it’s an open source then it’s not considered copyright, but if its paraphrase and has not been termed open source then yes, It will be termed copyright. This will show that ideas can be used but can’t be copied. Concepts can be learned and modified, but not copied.
Answer3: In June this year, that figure was reduced by half, bringing ZeniMax’s claim against Facebook to $250 million. Although we don’t expect to see bad blood wash off so quickly, at very least Oculus has extracted one of the most serious thorns in their side since the company was acquired by Facebook back in 2014.I feel the lawsuit was legit and important for oculus to stay in the marked and be known that Facebook copied them.