4 ms·

An NDA is practically unenforceable in this situation, which is the entire point a noncompete is a thing. Who is going to snitch on them for revealing AWS secre

An NDA is practically unenforceable in this situation, which is the entire point a noncompete is a thing. Who is going to snitch on them for revealing AWS secrets to Google and violating the NDA? Another Google exec?

m0zg 6y ago
> An NDA is practically unenforceable in this situation As we shall see, the non-compete is also unenforceable in this situation, it just costs more to show that it's not. Non-competes are for the "small" people. The bigger question is, why are you carrying water for them? Enforceability of this BS is not in your interest unless you're a major shareholder, and even then non-competes are ethically dubious at best. If what's in his head is so valuable (which I'm almost certain it's not), Amazon should offer to pay him his previous comp for the duration of his non-compete, at the very least, so that he sits it out for a year. What are his options? To not ever work anywhere else again? To radically switch careers upon departure?
em-bee 6y ago
don't need a snitch. they can just assume that it happens and sue anyways. the difficult part is coming up with proof that it actually happened
- Judgmentality 6y ago
  So you think it's a good idea to take legal action against someone with no proof and hope it just materializes over time? I mean, I can sue you for stealing US nuclear secrets. Now if only I had some evidence...
  - thaumasiotes 6y ago
    > I mean, I can sue you for stealing US nuclear secrets. Now if only I had some evidence... #1 - No you can't, because only government officials can prosecute "crimes", as opposed to civil causes of action. (I think this distinction is stupid; it is not part of anyone's view of the world and it doesn't have any useful effects. But it will definitely stop you from prosecuting someone for espionage.) #2 - No, you can't, because you don't suffer any injury if em-bee steals US nuclear secrets.
  - Supermancho 6y ago
    > So you think it's a good idea to take legal action against someone with no proof and hope it just materializes over time? Fishing expeditions are common and sometimes...legendary cough SCO-Linux dispute
  - em-bee 6y ago
    i am not saying that doing that is always a good idea, but we are talking about amazon vs google, to competitors who have more resources than sense, so yes, absolutely.
- skinnymuch 6y ago
  They aren’t suing someone random. Google would surely back the legal fees for the person if Google themselves aren’t somehow sued. What would be the point of this then?
  - em-bee 6y ago
    of course not random, but the person switching jobs. clearly (from amazon's perspective) you can't switch to google without revealing secrets and violating your NDA, therefore we sue you.

m0zg 6y ago

> An NDA is practically unenforceable in this situation As we shall see, the non-compete is also unenforceable in this situation, it just costs more to show that it's not. Non-competes are for the "small" people. The bigger question is, why are you carrying water for them? Enforceability of this BS is not in your interest unless you're a major shareholder, and even then non-competes are ethically dubious at best. If what's in his head is so valuable (which I'm almost certain it's not), Amazon should offer to pay him his previous comp for the duration of his non-compete, at the very least, so that he sits it out for a year. What are his options? To not ever work anywhere else again? To radically switch careers upon departure?

em-bee 6y ago

don't need a snitch. they can just assume that it happens and sue anyways. the difficult part is coming up with proof that it actually happened

Judgmentality 6y ago
So you think it's a good idea to take legal action against someone with no proof and hope it just materializes over time? I mean, I can sue you for stealing US nuclear secrets. Now if only I had some evidence...
- thaumasiotes 6y ago
  > I mean, I can sue you for stealing US nuclear secrets. Now if only I had some evidence... #1 - No you can't, because only government officials can prosecute "crimes", as opposed to civil causes of action. (I think this distinction is stupid; it is not part of anyone's view of the world and it doesn't have any useful effects. But it will definitely stop you from prosecuting someone for espionage.) #2 - No, you can't, because you don't suffer any injury if em-bee steals US nuclear secrets.
- Supermancho 6y ago
  > So you think it's a good idea to take legal action against someone with no proof and hope it just materializes over time? Fishing expeditions are common and sometimes...legendary cough SCO-Linux dispute
- em-bee 6y ago
  i am not saying that doing that is always a good idea, but we are talking about amazon vs google, to competitors who have more resources than sense, so yes, absolutely.
skinnymuch 6y ago
They aren’t suing someone random. Google would surely back the legal fees for the person if Google themselves aren’t somehow sued. What would be the point of this then?
- em-bee 6y ago
  of course not random, but the person switching jobs. clearly (from amazon's perspective) you can't switch to google without revealing secrets and violating your NDA, therefore we sue you.