4 ms·

Instead of financial loss, I'm more afraid of losing the IP, company, everything I've made prior to my investors even joining, because the investors or their su

by solve 13y ago

Instead of financial loss, I'm more afraid of losing the IP, company, everything I've made prior to my investors even joining, because the investors or their successors suddenly feel like kicking me out someday.

tptacek 13y ago
Losing IP used to bother me, but in hindsight turns out not to have mattered. The fully integrated system you built failed in the market; its value is illusory (if you got to keep it and redeploy it, you'd probably lose in the long run). The components of that system probably aren't lost to you at all. First, nobody cares about them anyways (VCs aren't going to chase you down for repurposing some scheduling library you built for your restaurant app). Second, while you operate the company you always have the ability to open-source them as you go. Third, once you know how to build a component, it's pretty easy to rebuild it.
- solve 13y ago
  You're probably right about the IP and databases not being completely trapped, in practice. What about non-competes though? Could I really start a directly-competing company immediately afterwards? After all, not all startups fail just due to having completely worthless products, there could be many other reasons.
  - tptacek 13y ago
    What non-compete? Are those common on VC deals? There weren't any when I took funding, but that was awhile ago.
    - mrkurt 13y ago
      Non-competes would likely come either when you left the company in exchange for some unvested options, or after an acquisition.
  - argonaut 13y ago
    Non-competes are largely unenforceable in California.
    - tptacek 13y ago
      Employment noncompetes are unenforceable. Other kinds are. A noncompete you accept in exchange for an investment is likely to be enforceable.
- mcguire 13y ago
  Wouldn't that depend on the IP? If you pop up later making significant money with your source or patents, I'd assume there would be a lawsuit in your future.

by solve 13y ago

tptacek 13y ago

Losing IP used to bother me, but in hindsight turns out not to have mattered. The fully integrated system you built failed in the market; its value is illusory (if you got to keep it and redeploy it, you'd probably lose in the long run). The components of that system probably aren't lost to you at all. First, nobody cares about them anyways (VCs aren't going to chase you down for repurposing some scheduling library you built for your restaurant app). Second, while you operate the company you always have the ability to open-source them as you go. Third, once you know how to build a component, it's pretty easy to rebuild it.

solve 13y ago
You're probably right about the IP and databases not being completely trapped, in practice. What about non-competes though? Could I really start a directly-competing company immediately afterwards? After all, not all startups fail just due to having completely worthless products, there could be many other reasons.
- tptacek 13y ago
  What non-compete? Are those common on VC deals? There weren't any when I took funding, but that was awhile ago.
  - mrkurt 13y ago
    Non-competes would likely come either when you left the company in exchange for some unvested options, or after an acquisition.
- argonaut 13y ago
  Non-competes are largely unenforceable in California.
  - tptacek 13y ago
    Employment noncompetes are unenforceable. Other kinds are. A noncompete you accept in exchange for an investment is likely to be enforceable.
mcguire 13y ago
Wouldn't that depend on the IP? If you pop up later making significant money with your source or patents, I'd assume there would be a lawsuit in your future.