Comment by ubernostrum
6 years ago
You're arguing that it was meet and right for Cetus to claim ownership
No, I'm claiming that it should not have been surprising that the agreement for someone who worked there included such claims. How I personally feel about it is irrelevant; it's a standard practice, and to be expected.
What I am arguing with is your repeated use of terms like "visitor", to make it sound like the guy just popped in for lunch one day and they claimed all his work. He worked there. They trained and taught him. While there are contexts in which "visitor" can be the appropriate term for that (again, see "visiting professor"), the usual connotation of "visitor" is incredibly misleading here, and I wish you'd be more clear about it.
> What I am arguing with is your repeated use of terms like "visitor", to make it sound like the guy just popped in for lunch one day and they claimed all his work. ... the usual connotation of "visitor" is incredibly misleading here, and I wish you'd be more clear about it.
"Visitor's Confidentiality Agreement" was the title of the NDA, for Pete's sake; that's what makes it sound as though the guy popped in for a meeting.
And the trial court's opinion says that the Stanford fellow "commut[ed] daily" to Cetus. This seems to suggest strongly that the fellow divided his time between Stanford and Cetus — in effect, that the guy was a daily visitor to Cetus, as opposed to being seconded to Cetus.
Again, the point: RTFA — because hindsight opinions might differ about what you should or shouldn't have expected.
So he worked there, and commuted to work there, because of how he worked there.
And you brought this up in a thread about something not even close to the same situation, yet presented it as relevant. And doubled down despite being contradicted by your own sources. He worked there. He knew he worked there. He was not just popping in for half an hour that one time to have lunch with them. He worked there and they trained him on their techniques while he worked there. The fact that the word "visitor" was in there is not relevant and does not make it be the same situation that this thread was about. It is not the same situation. It is not a similar situation. It is not the same situation because -- have I mentioned this? -- he worked there.
I turn over my king, sir ....