Comment by shkkmo
5 years ago
Non-competes are unethical and also illegal in California where replit is based.
Edit: They aren't technically "illegal" in CA, just unenforceable.
5 years ago
Non-competes are unethical and also illegal in California where replit is based.
Edit: They aren't technically "illegal" in CA, just unenforceable.
Based on what I am reading, unless I am misunderstanding, which considering how our laws are written I'm surprised anyone is capable of understanding them entirely.
https://www.callahan-law.com/are-non-competes-enforceable-in... (where I am reading up about this from)
It seems California outlawed non-competes in the sense that if I am a programmer, and I sign a contract which states that I must not be a programmer for the next 5 years after working for X, that is instantly voided.
But this is different, as an intern I copied in essence the core business model (not directly copying the code) and open sourced it, seems like a conflict of interest. Which in this case a non-compete might be able to be held as it's mostly saying I'm a programmer for a company which does X, I can't move to a competitor, or become a competitor (which is somewhat what the intern did).
As someone who is definitely not a lawyer or judge I have no idea where the laws/courts or otherwise stand on this matter in actuality.
You are reading that wrong, the agreement you describe would not be enforceable in California
The only part of a non compete that is valid to my knowledge is that if an employee leaves for a competitor the company can have them sign an agreement not to poach employees, but even that is very limited. If Bob leaves company A for company B and signs such an agreement, his former coworker Alice is free to say "Hi Bob I'm really excited by company B can I have a referral?" Bob didn't make first contact so he's free to help bring Alice over.
In California, you would have the burden of proof that your business was damaged by the actions of the employee you allege is in breach of contract. The business would also be on the hook for the employees legal fees if they can't prevail.
Add to that, i don't see any copying of a "business model" here. Seeing as the ex-intern is not even charging for his software and is giving away the source code for free.
I think your understanding is incorrect. That site says specifically says without qualification:
> In other words, non-compete agreements are not enforceable in California.
Edit: I don't think it has ever been possible to bar employees from continuing their profession when they leave your employ. Non-competes have ALWAYS been about working for competitors.