Comment by dragonwriter
2 years ago
Federally, there is precedent that collaborative projects can be an exception to the general federal prohibition of no poach agreements. Whether that would work on California law (IIRC, the federal prohibition is an application of antitrust law, the California one is a labor protection), and whether the other aspects of the Microsoft-OpenAI agreement would fit in the exception, I don't know.
Yeah, and the California code applies to employees in California, which at least most OAI employees are, so it should be irrelevant that MSFT is in Washington.
Given the relationship between the two, and the context of the matter, I don't expect no-poach agreements to hold much weight here.