Bifalgorithm post · Infotech governance policy ethics and law · Appendix C: Common scenarios
Competitor Secrets
Competitor Secrets (Infotech governance policy ethics and law · Appendix C: Common scenarios) — "Often people are hired for a job on the strength of what they…
Ideas in this flowchart
- Employment mobility and intellectual property protection distinguish general knowledge from protected information and implementations.
- People may be hired because of knowledge gained while working for a competitor.
- The unstated assumption is that the new hire will bring knowledge of the former employer’s competitive advantage.
- General knowledge of a competitor’s business may be brought to a new employer.
- An employment contract prohibits disclosure of proprietary information to third parties without written permission.
- Commercial-in-confidence material must not be copied or sold to competitors, including through employment.
- Proven breaches can lead to severe penalties.
- A man was sued after taking 17,000 promotional Twitter followers to a competitor; the former employer sought damages valued at $2.50 per follower.
- Copyright applies to specific implementations of an idea, not to the abstract idea itself.
- Patenting or copyrighting an abstract idea is often problematic because it can be implemented in many ways.
- If an implementation is sufficiently different from the original, copyright breach cannot be proven.
- Ideas may be conceived independently and simultaneously, producing similar ideas with significantly different implementations.
