From: Nathan J. Nelson
To: Dr. Tucker, Shin-Ping
Subject: Homework 6
††††††††††††††††††††††††††††††††††† 3 March 2019
††††††††††† What would you do?
1. You are a recruiter of IT talent for a headhunter firm. A senior manager from one of the major software development firms in the area is on the phone with you, demanding that our stop contacting her employees about job opportunities with competing firms. She explains, that senior executives at her firm all sign a noncompete clause as part of their employment contract. How do you respond?
If you arenít contacting senior executives her complaint is moot, however, if you are contacting senior executives, according to the book there are ways around a noncompete clause within an organizational contract; what is the period of time that the contract is valid for, is it a reasonable restriction, what is the demographic area, is the individual able to obtain work utilizing their skills and connections in the area, and the rapid change in technology. The headhunter could respond by stating they arenít actively pursing said firmís senior executives, you could simply apologize and refrain from contacting that firmís employees in the future, or you could state that the employee that signed the clause, needs to make that determination for themselves and it is not the responsibility of the headhunter to ensure that moral obligations of another companyís employees.
4.†† You are interviewing for the role of human resources manager for a network, hardware design, and manufacturing firm. Over the last year, the firm has lost a number of high-level ††††††††executives who left the firm to go to work for the competition. During the course of your interview, you are asked what measures you would put in place to reduce the potential loss for trade secrets from executive leaving the firm. How would you respond?
††††† First, I would enquire to whether or not the firm has a noncompete clause written into the executivesí contract. Second, I would look at how we are compensating the individuals that are leaving, why did they leave, what is another company offering that we are not, and find out how we can remain competitive.
Cases Target Hires Key Executive Away From Amazon
1. Do you believe that this case met the three factored test of the sate of Washington to enforce the noncompete clause of Valdezís contract? Why or why not?
a. Was it reasonable for the protection of business or good will of the employer?
As the processes were developed while under the employment of Amazon, while utilizing Amazonís resources I would state that if Mr. Valdez brought specific details about Amazonís processes, there would cause for suit. However, if Mr. Valdez doesnít share proprietary knowledge, then suit is invalid.
b. Whether the noncompete agreement imposes upon the employee any greater restrain that is reasonably necessary to secure the business of the employer or the good will thereof
To state that Mr. Valdez couldnít work with a competitor due to his knowledge, most of which was developed by him, albeit during his tenure with Amazon is not valid.
c. Whether the degree of injury to the public due to the loss of service and skill of the employee warrants nonenforcement
2. What settlement terms do you think would be fair to both Target and Amazon?
Ensuring that proprietary information, regarding metrics, software, and designs arenít implemented by Target.
3. Do noncompete clauses in employment contracts encourage or discourage innovations? Explain the answer.
According to a study by Rutgers University, the enforcement of noncompete, within an organization, impedes innovations. Rutgers found that when employee mobility is allowed, more companies sprout up, which then in turn spring further advancements and additional companies, specifically in the bioengineering field.
Cases Intellectual Property Fight over Virtual Reality Headset
1. Did this lawsuit have a negative impact on Facebookís forays into the world of virtual reality, the sale of Oculus Rift headsets, Facebook profits, and or its stock price?
The suit was settled for an undisclosed amount after an initial lawsuit of 2 billion dollars was initiated by Zenimax. Courts later awarded $500 million and an appeal court would further decrease that amount to $250 million prior to the undisclosed amount.
2. Should paraphrasing of another code be considered copyright or patent infringement. Why or why not.
What we need to know before we answer the question is how much of the code is being paraphrased; the whole operating system, half the operating system, a class, what is being paraphrased. Furthermore, by paraphrasing the code you may not be implementing the process in the exact same manner. A better way to look at this, is to decide if we are infringing on another product or service that maybe patented, copyrighted, etc. †