I need it to be done in 3 hours.
Discussion of the Non-Compete Clause:
Please post your comments and then make substantive comments on at least one other student's post. A "substantive" comment goes to the substance of what that student said, not just whether you like it or you think it is well-written.
The reading part:
- Read Tavani pages 27-32 and 44-47.
- Review the Microsoft contract’s terms on trade secrets and intellectual property rights.
- Skim the other contracts posted on the course website and compare them to the MS contract
- Read the article “NDAs and Contracts That You Should Never Sign” from Joel on Software
The Questions:
QUESTION 1
From the perspective of society at large, do you think that anything in the non-compete clause should be viewed as a protectable interest? That is, should the law allow Microsoft to enforce that aspect of the clause? Adopt a utilitarian perspective for your analysis. Why do you think this should be (or should not be) protectable?
QUESTION 2
Consider the article by Joel on Software. Clearly, he has in mind the potential consequences of these clauses for the software developer. Does he consider the legitimacy of the interests of the employer? If you decided to adopt his position as a job candidate, what could you say to help this be a successful negotiation? (Assume you want the job and "success" = "get the job".)
To be noticed in a positive way, your comments must:
∘ Be relevant
∘ Contain substantive content. (A comment like: “I like what you said” is not about the substance of the discussion.)
∘ Demonstrate comprehension of the material.
All files including the other students answers/comments are attached.
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