Re: Non competition agreements

Stephen,

To you I can only say that I myself will not sign a non-competition
agreement.  After consulting with my lawyer I was told that it could limit
me tremendously to the work I can do for future clients.  Since it is pretty
sticky as to what constitutes "competitive work", ie. if I do a site for a
toy company that sells dolls, then later do a site for a doll store, is that
competitive?  A judge would probably say yes, yet I am not in direct
competition with the toy store.

We have to be realistic to a certain degree here in saying that most sites
(within certain limitations) are going to be pretty much all the same in
their standardized elements, whereas the artistic flair is what comes out.


To Malcom:

I would simply email him, tell him he signed this agreement and to remove
the page post haste that it is in violation of your contract.  If he balks
or refuses, get your attorney to write a letter.  For future reference, all
of my contracts state that any situations such as your's, settlemen will be
by the American Rules of Arbitration and rulings to be enforced by any
judicial court within the United States or Canada, with the offending party
to pay all arbitration, legal and court costs.

Robinette Desrochers

----- Original Message -----
From: Stephen Johnston <pepe(at)gainsay.com>
To: <machodges(at)prontoservices.com>; <hwg-business(at)hwg.org>
Sent: Thursday, March 02, 2000 12:27 AM
Subject: Re: Non competition agreements


> Malcolm-
>
>          No matter how much it hurts to say, thank god there is a lawyer
on
> the list. Talk to Ivan Hoffman.
>
> No offense Ivan, I just can't resist a dig at lawyers... I pay them
enough...
>
>          My personal opinion is that you have to ignore the personal
aspect
> and figure out what the monetary gain is for pursuing a lawsuit and what
> you will pay a lawyer to win the suit. Unfortunately you can't get blood
> from a rock. (some of my friends on alt.alchemist.mystic disagree, but
they
> haven't been able to show me the blood)
>
>          On a side note I have a question. As a consultant how many of you
> will sign a non-compete like this? I would think that a blanket
non-compete
> would only apply to employees. As a consultant, I only agree to a transfer
> of rights to delivered work. Which means I can not use the code and such
> from a previous project, but I can use the experience and certainly
> leverage that to competitors. Any thoughts?
>
> -Stephen Johnston
>
>
> At 07:31 PM 3/1/2000 , you wrote:
> >Hi folks,
> >3.   Seller's warranties. The Seller represents as follows:
> >c. That the Seller will not duplicate www.something.com for resale or any
> >other reason and will not engage in any way a world-wide website that
would
> >directly compete with www.something.com for a period of four years;
> >
> >1.    Does the fact that the new site also has different content as well
as
> >for my site matter?
> >2.    The new site was registered with Network Solutions on Dec. 24 and
the
> >contract was signed on Jan. 3. Does that constitute fraud?
> >3.    The contract stipulates that it is governed by the laws of CA and
will
> >be held in my jurisdiction. Is this enforceable?
> >4.    Should I ask him to cease and desist or have a lawyer contact him?
> >5.    If I notify him should I sue or let it go?
> >6.    Should I sue now or wait for his site make money and then sue?
> >
> >Questions are racing through my mind because I feel that I was defrauded.
> >
> >Any advice or experience is appreciated.
> >
> >Thanks,
> >
> >Malcolm Hodges
> >machodges(at)prontoservices.com
> >
>
>

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