[sf-lug] Rick's explanation of his internet setup.

Rick Moen rick at linuxmafia.com
Wed Jan 11 14:47:13 PST 2006


Quoting Adrien Lamothe (alamozzz at yahoo.com):

> Not finding any case law is a good indication those types of clauses
> are not enforceable, else there would surely be case law on the subject.

No, it's really not.

You don't find any caselaw stating that it's lawful for employers to 
demand that their employees not have conflicting personal businesses on
the side, for example, because it's a settled point of law that you can
sign away that right -- as you can practically any other -- in a
contract.  Which you may recall was my point.

> But the actual legal ramifications of Novell's license (which neither
> of us really understands in purely legal terms)....

You're welcome to speak for yourself, but I'm not only a longtime
student of business law, but also believe I know this area of it pretty
well.  In part, this was incidentally to my passing of the CPA exam in
1986, which of course doesn't require one to be a attorney but does
entail a fair knowledge of some parts relevant to business.

(Also, having front-row seats throughout my teenage years for a
negligence suit against Boeing kind of drove home the law's importance,
while also making me really determined to avoid _being_ a lawyer.  ;-> )





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