Infy raises exit barrier for employees

Iain Clarke Warrior Programmer

This link may help: http://www.overlawyered.com/2007/06/pearson_update_bogus_pants_law.html[^] Some Judge in DC had a bad experience with dry cleaners, and ended up suing them for $67 million dollars... Iain.

El Corazon

Vikram A Punathambekar wrote:

NDAs cover any proprietary information you may know

actually they do not. They are even harder to enforce in instances of hiring of a person. With information disclosure outside of a company without hiring involved they are much easier to enforce. NDA's like this sound good, but really aren't much better. The finder fee or reimbursement for training is sometimes done between companies. In which case you are essentially being bought from your current employer, you go to company y and company y pays your previous employer x a certain amount of money to cover the investment in you. It's more like a business tri-merger than a hiring, but that is done too.

_________________________ Asu no koto o ieba, tenjo de nezumi ga warau. Talk about things of tomorrow and the mice in the ceiling laugh. (Japanese Proverb)

jhwurmbach

Vikram A Punathambekar wrote:

I heard EULAs are invalid in Germany.

As Sebastian said, they are under most circumstances. If you go and *BUY* your software, like a Computer with packed Windows, you get the software and a license to use it as a natural unit. Now you are are allowed to sell that unit of software and licence (only when not holding a copy of the software!), as you have a contract only with the shop, not with the software vendor. The software vendors power over the software exhausts (as I translate the lawyerish term 'Erschöpfung') when offering it for sale. Special or tailor made software is totally different. For example oracle is only selling access codes to their software, and you download it at their site. So you are not allowed to resell it, because you have a binding contract with them excluding resale.

Failure is not an option - it's built right in.

Lost User

This is surprisingly common once an employee has reaped some benefits (such as being invited to join a company share scheme). However, for all employees? Very draconian.

Kicking squealing Gucci little piggy.
The Rob Blog

Lost User

Ours is 3 months once you've served 10 years, else its one month.

Kicking squealing Gucci little piggy.
The Rob Blog

PIEBALDconsult

I consider _all_ agreements with an employer null upon termination/departure, even those that state otherwise.

Vikram A Punathambekar

Thanks, that was enlightening. I have one question though:

jhwurmbach wrote:

If you go and *BUY* your software, like a Computer with packed Windows

Do you actually BUY the software in this case, or do you just get a license to use it, like it happens with retail versions of software?

Cheers, Vıkram.

After all is said and done, much is said and little is done.

Sathesh Sakthivel

Thanks for your Information Clarke.

Regards, Satips.:rose:

jhwurmbach

Actually, my example was badly chosen, as there are several possibilities of bundeling Windows with a computer: With Medium & preinstall, Only preinstall, with complete OEM-Version... You are allowed to unbundle the computer and Windows media along with its license. When you did not get media, I don't think you are allowed to burn one and sell that. And in no case are you allowed to sell it and have it at the same time.

Failure is not an option - it's built right in.

Anna Jayne Metcalfe

Fair enough. I still think it's crap, though. If a company values its staff as much as it's IPR, the turnover will be far, far lower and hence this sort of rigid clause becomes moot.

Anna :rose: Linting the day away :cool: Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"

El Corazon

Anna-Jayne Metcalfe wrote:

If a company values its staff as much as it's IPR, the turnover will be far, far lower and hence this sort of rigid clause becomes moot.

some industries have more than just IPR to loose. Thus some industries have been successful at this type of agreement, especially in enforcement. The issue is that other companies see the success in this industry and try to ALSO apply it to IPR to their advantage. Some win, some don't. Any company will push as far an advantage as they can legally, this is just one of those attempts at pushing.

_________________________ Asu no koto o ieba, tenjo de nezumi ga warau. Talk about things of tomorrow and the mice in the ceiling laugh. (Japanese Proverb)