alt Hacker NewsThe flip side should be considered as well. There should be some sort of protection for small startup companies. A big company should not be able to steal an innovative startup's technology by hiring away the employees that worked on the product. That used to happen a lot when Bill Gates was running Microsoft, for example.
Patents provide some protection, but it is flawed because a big company can put you out of business if you get into a patent war. An employee should be able to leave at any time and work for a competitor, but maybe should not do identical work, otherwise startups will have a hard time protecting their IP.
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Small startups in California (where many, if not the majority, of tech startups are headquartered) do just fine without enforceable non-compete agreements.
It's also already unlawful to steal another company's assets when you leave. Besides, companies should file provisional patent applications as soon as they invent valuable proprietary technology to prevent the sort of subject matter leakage you mention.
This is not a mechanism to protect startups. This is a mechanism to protect the flow of ideas, whether the ideas are flowing from a big company to a startup or vice versa. Workers who find a big company bureaucratic should be able to launch a startup. Workers who find a small startup insufficiently resourceful should also join a big company to get resources.
Employers have plenty of leverage over workers already.
Every time a pro-worker bill passes, there's an endless scree of "But what about the corporations?". Wow it's tiring.
No big company is going to bother poaching that way. They are either going to purchase the company outright or undercut them with their own competing product to kill it off through attrition. We're not in the 2010's anymore where people are banging at the door for singular SWE's.
acquhire practicies show that yes - sometimes people really ARE the company. However, i think for the average C# developer, or Epson printer specialist or wordpress or Bosch controller analyst, these arent really true.
Companies need to put more care into who they trust, and maybe incentivize skin in the game. If leaving for a competitor means you lose equity, agency, ownership, or some intangible, that can outweigh bigger paychecks.
The market should be able to solve this problem without the government setting arbitrary rules, and people should be allowed to sign contracts that limit or restrict their freedom, so long as it involves informed consent from all parties.
If Microsoft wants to hire an AI expert for a million dollars a year, and restrict him from competing for 2 years after leaving Microsoft so as to avoid losing market advantage, that seems like a reasonable thing for Microsoft to want. If all Apple has to do to get all the Copilot secrets is hire the chief copilot engineer for 1.5 million, seems like that creates a toxic dynamic and all but guarantees acquihires and a near immediate turnaround in a startup to corporate pipeline for raiding IP.
Maybe we should be limiting businesses to doing business at a scale they can responsibly handle. If you can't get human customer service for your computer issues because Windows and Mac have scaled far beyond the number of users they could ever hope to handle, maybe that market needs regulation, and unless they scale customer service accordingly, they don't get to target a majority of the world's population as their customer base?
That'd certainly create jobs and opportunities for Linux and induce a revolution in software markets, and it'd limit the incentives for MS and Apple and big tech to do shitty things to suppress the markets overall.