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Would appreciate getting copy of BK/Pro no-compete clauseWould appreciate getting copy of BK/Pro no-compete clausePosted Oct 3, 2005 18:42 UTC (Mon) by rickmoen (subscriber, #6943)In reply to: Would appreciate getting copy of BK/Pro no-compete clause by rickmoen Parent article: Mercurial loses a developer
Oh, I forgot to mention: Tort law also provides for an equitable defence called "copyright abuse", under which a court can declare the work's entire licence unenforceable on account of such things as unreasonable, anticompetitive non-compete clauses, even where the infringing acts are totally unrelated to the non-compete clause itself, and even where there is a severability clause. See: Lasercomb Am., Inc. v. Reynolds, 911 F.2d 970 (4th Cir. 1990) That's one of the reason why such clauses are a double-edged sword, and must be drafted very carefully to avoid anticompetitive language. Whether any proprietary software for Linux of interest contains anticompetitive language I leave as an exercise for the reader. Rick Moen
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