> This person can also quit IBM, therefore being subject to no contractual obligation, and then change the "IBM Power SRIOV Virtual NIC Device Driver" entirely

> This person can also quit IBM, therefore being subject to no contractual obligation, and then change the "IBM Power SRIOV Virtual NIC Device Driver" entirely free I'd assume the person has received confidential information about the IBM technology in question during his employment. Of course the Linux driver is open source so it cannot be a business secret. But typically there is much more knowledge than just the Linux source code. Using business secrets after your employment is most likely enforcable in many legislations. Damages or criminal charges or both.