Selling your Everything II: More on non-competition clauses, IP assignments/waivers, and employment contracts

A couple of months ago, I wrote a post on the subject of over-reaching employment contracts.

Click here for it.

Anyway, I promised that I would have the next part up within days and well, it’s been kind of crazy. Between work, articling applications, and being not so well, I haven’t had the time I’ve wanted to blog properly. Resuming now. Apologies offered all around, especially since I’ve been hearing that there are people out there actually reading this! [Comment, please! It doesn’t have to be a complete essay, Derek, although I do expect a witty title from you… Also, Diggs are greatly appreciated.]

In the first post, I talked about someone whose employer demands assignment of previous or future competitive IP products of the employee to the employer. Broad time span, but limited applicability.

Let’s look at another scenario:

Employers often extend the IP/non-comp in breadth. In other words, they remove the related/similar/competitive qualifier. Consider this example:

The employee waives or the employer acquires rights to all intellectual property created or developed by the employee during working hours.

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Keeping it all Going

I have three posts on the go.  One is a follow-up to the Tazzu Word Camp.  I archived all of the speakers (except Jeff Kee - sorry Jeff, I was still setting up at the time) and will embed links here to watch the flash videos of their presentations.  In the meantime, keep up with it at the Tazzu Blog.

Incidentally, the Tazzu Word Camp was an overwhelming success.  The room was full beyond capacity, and some great presentations, questions, and answers were heard.  I am looking forward to watching it all again when I post it!

One line of questioning, however, made me think that we need a Law Camp for IT professionals.  There were Q&A about copyright, licensing, distribution, et cetera - basically the commercial and non-commercial use of media and matter published on the web.  Does publication on free sites - the making available of something copyrightable for free public consumption - equal release into the public domain?  The questions were not phrased like that.  And those of us with pronounced study or practice in copyright know that the two are not equivalent.  But the questions and uncertain answers led me to believe that those working in IT would benefit greatly from an evening of IT Law.  I have some people in mind whom I would invite to speak at such an event.  What issues would you like to see?  I am thinking of IP and Licensing, Privacy, Corporate and Proprietorship Liability, Third-party and Product Liability, and Contract.

Another post is that long-promised next post on employment contracts.  I haven’t found much on IP waiver/assignment clauses per se, but I have some great info on the enforceability of non-comps in Canada.  Coming soon…

Finally, I just have to flesh out and write my list of activities for my version of a massive technology show.

Incidentally, there is now a contact page on the weblawg.  Though I prefer comments when possible.  And Diggs too!

Tazzu Wordpress Camp feed

Password is tazzu-test. If it doesn’t work, go to www.justin.tv/jeremycostin
Watch live video from Tazzu Wordpress Camp on Justin.tv

How to make the Massive Tech Show into a massive tech show

I’ve been critical of the Vancouver Massive Tech Show both here and on Tazzu. I’ve branded it as boring, uninspired, a waste of an afternoon, and anything but either massive or a show.

I’ve been challenged to propose something better, so here I go:

People don’t go to Massive to get names of web designers. They don’t take off their afternoons to compile lists of Internet service providers. And most don’t see Massive as a show of potential clients to whom they can hand their business cards.

People go to shows like this to see what’s new and exciting about the information technology industry. They go to see - and maybe even to try - information society’s potential. They go in the hopes of seeing some ghost of the “wow” of the dot-com-boom era; they go hoping to see that “Web 2.0″ and all the other buzzwords are more than buzzwords.

I’ve compiled a list of 12 concepts and issues that could deliver the wow. I’ve also started thinking fo activities that would engage the guests while presenting some of those concepts and issues - better than could be done by this year’s mechanical bull, Dance Dance Revolution, and Guitar Hero III.

1. Content Management Systems

Forget SEO. Think CMS. SEO is a publicity strategy. CMS is a paradigm. CMS is the idea of separating design and content for a website. It then incorporates the easy maintenance of the content and the modification of the design into the administrative tool. It is modular, scalable, and very flexible. Examples of CMS are Joomla! and Drupal.

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Of Mortar and Wine: A Passover Lesson in Law

Passover, the Jewish holiday that celebrates the Exodus from slavery in Egypt and the emergence of the Jewish People as a free nation under Mosaic Law, is now upon us. The tradition of the Passover seder, the traditional feast and storytelling during the first two nights of the holiday, has much in common with scholarly law: discussion and debate, often over fine points of scripture and their interpretation. The Passover seder includes the telling, year after year, of the story of the Exodus. It also includes many short narratives of rabbinic discussions during the millennia since. While these short narratives themselves offer bits of wisdom, it could be surmised that their inclusion is in order to inspire similar discussion, and, one hopes, discovery.

Discovery comes in the form of novel applications of symbols from the rituals. Another way of looking at it is this: We have a static document – passed through both written and oral traditions – that is the set of rituals and stories. But we have a tradition that is a living document. The tradition is our mutual connection within the global Jewish community, and our shared connection to our history.

It is no secret that many Jews are attracted to the practice of law. It is also no stunning revelation that it is the similarity between our rabbinic tradition of debate and the interpretation and application of law in our modern world that attracts us.

The seders this year had some debate over interpretation, application, etc. These discussions, while not actively joined by everyone, were at least open to everyone. What I want to share was not, as it occurred to me during the preparation.

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A “Massive” Disappointment

I’ve mentioned before (Joomla Demo Camp) that to call oneself an expert or specialist or otherwise claim to consult to a particular industry, one must keep up to date with that industry itself, not only the law, or accountancy, or whatever other profession is one’s link to that industry. In my case, that industry is Information Technology. Keeping up to date with developments in intellectual property and privacy law, et cetera, is not sufficient.

Example: I know a bit about privacy law. There are statutes, such as PIPEDA; there are concerns, such as unmitigated constitutionally guaranteed free enterprise in the United States; and there are workarounds, such as Safe Harbor. A few weeks ago (a week before the Massive Tech Show in Vancouver), I was invited to the pre-launch party for a local company with global ambitions called “Goodboog“. Knowing something about IT allowed me to ask questions at the party about the location of Goodboog’s servers, in order to address potential privacy concerns of their clients. (They are located in Canada, so their customers can rest a little bit on the security of their personal and corporate data.)

See what I’m getting at? Knowing privacy law wasn’t enough. I had to know about servers, virtual hosting, and a bunch of other techno mumbo-jumbo. I don’t know enough to run my own Goodboog-like company, but my techie knowledge is not so feeble either that my eyes glaze over when an IT company discusses what makes it tick. More importantly, I keep my techie knowledge up-to-date so that I know which questions need to be asked. In other words, when the party was over, Michael-James Pennie (Goodboog’s head honcho) and I had a meaningful conversation about the great directions his company is taking.

Fast-forward one week. I went to Massive, billed as Vancouver’s premium exhibition for the IT industry. I hadn’t gone to anything like it since the days of Comdex, and I was optimistic. Comdex had once been a great show, an opportunity not only to pick up demo-CD-ROMs of new software, but to see what trends are emergent in the industry. Everyone used to want to tell you about what they do and what’s going on in IT. They used to volunteer information, and fairly often, it was useful, even educational. Eventually, Comdex collapsed, and Massive arose from its ashes.

I had been away for a long time, mainly due to being in school studying literature and then law. I got back into the tech community through Tazzu, Vancouver’s top online forum for technology and technology business (and much more). Well, the place to stay up to date with the industry is Tazzu, not Massive. Here are some [edited] excerpts from a discussion on Tazzu about Massive (I was not surprised to find that my disappointment was shared):

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Microsoft’s Ironic Poker Game: But are they bluffing this time?

Back in February, Network World ran a story that Linus Torvalds, inventor of the Linux operating system and guru of the Linux kernel, believes that Microsoft is bluffing in its threat to sue for patent infringement. NW quotes Torvals as saying, “They have been sued for patents by other people, but I don’t think they’ve — not that I’ve gone through any huge amount of law cases — but I don’t think they’ve generally used patents as a weapon.”

Linus hasn’t investigated the link between Microsoft and Patent in court. We all know that Microsoft gets sued for various forms of infringement or questionable business practices about as often as a would-be-model/ survivor/ singer/ dancer/ geek/ bachelor/ b-list-celebrity gets kicked off the island. But do they ever sue? They certainly have a nasty reputation - one perhaps even worse than those of Sony, the RIAA, and SOCAN. But is it deserved?

Although Linus has, generally, far more wealth, celebrity, and tech-savviness than I do, I have access to Lexis and Quicklaw (with international content). It’s one of the perks of being a trainer for LexisNexis Canada. So I spent an evening on Quicklaw and on Lexis, looking for cases dealing with patent infringement where Microsoft was the plaintiff.

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Weblawg.net back and better than ever

First of all, I’m back. Sorry… Between being sick and then having a death in the family and then being sick again, it’s been all I can do just to get to my 9-5 as often as possible, let alone find the time to research and write for the weblawg.

I intend to return to my twice-per-week posting schedule, and I intend to get pictures up with the posts as often as possible, if for no other reason than just to be eye-candy. Click on a pic to see it full-size!

I have been marketing the heck out of weblawg.net and traffic has gone up accordingly. I’m making sure I get a lot of posts written so I don’t lose that great momentum! I have been graciously listed by Steve Matthews of Stem Legal on his Canadian Law Blogs list, and also listed on blawg.

If you see something that interests you, please don’t hesitate to comment, or to Digg. If you like weblawg.net on the whole, then please Digg away, blogroll it on your own blog (and let me know so I can return the favour by emailing me at jeremy at this domain (without the www)), add it to your Technorati favourites (link on the top right), etc.

You may also have noticed that I now have some ads running. I’m trying to keep them as unobtrusive as possible, and also as relevant as possible so you might actually find them interesting. Hosting costs have to be paid…

Finally, I have enhanced the name of weblawg.net, thanks to some advice to Steve Matthews. As you can see in the title bar at the top of your screen, it is now called “weblawg.net: Information Society through the Prism of Law”. The tagline is now “Costin on IP, IT, Media, and Business Law.” This is reflected in the masthead too.

Let me know what you think, preferably by commenting!

Delays in posting

Sorry about the delays.  Have a bunch in the works, but was sick and now had a family emergency.  Back soon.

Hulu and the NHL, follow-up

In response to a comment received putting succinctly Mr. Bettman’s effect on the NHL, I would like to present two screen captures comparing the customer relations aspects of licensing issue manifestations.

We have the new South Park Studios web site, which is trying to make all episodes available for free through the Internet. It is an official site. It acknowledges some licensing glitches with cable companies in other jurisdictions, and indicates that it is attempting to solve them:

And then we have the Hulu website, which makes no such indication. While the individual series rebroadcast have their own producers and intentions, the NHL is more than a TV series: it is an entire sports league. One could say it includes 30 series. And its message to those whose locales are verboten:

The difference is the intent to please the consumer, a.k.a. the revenue source, likely believable from South Park, since the South Park episodes are available at Canada’s The Comedy Network website and therefore a license is plausibly negotiable, and likely being dragged through the mud for the NHL considering its less than stellar licensing and negotiation record, from the consumers’ perspective.

NHL and Mr. Bettman, wake up and smell the $CDN. Canada’s 6 teams’ fans are the source of your revenue and will continue to be even when the markets south of the snow line have melted away. Maybe that’s the problem… The NHL knows we’ll keep forking over pay-per-view and merchandising shekels, no matter how little convenience they offer us. A shrewd business model,but I ask again, is it sound in the long run? Will Canadians demand that NHL lawyers pay attention and try to negotiate in their favour?