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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