Specifically, what do you find acceptable when it comes to contract non-compete clauses, and clauses involving assignment of ideas? I'm especially interested in hearing from those of you who are engaged in open source projects.
My concern is that these clauses are wide open for abuse and broad interpretation. I have no interest in pursuing another company's clients in a specific business area. Yet the technology market is quite a broad area and if my company for instance offered XML training on the open market, a non-compete with another consultancy would effectively prevent me from taking business (at least, not without a legal cloud hanging over my head).
Likewise, the "any and all inventions" clause has the hair on the back of my neck standing up. Perhaps moreso, because I've got a few back-burner open source projects, and other ideas, that could get entangled.
I'm not asking for legal advice (on the off-chance that one of you is a qualified lawyer, I'll still listen!) but more for your experience.
Tanks in advance - Mitch
Sample clauses are included below, for your consideration....
Assignment Of Inventions: Any and all inventions and/or improvements and/or discoveries, whether patentable or not, which Consultant conceives and/or makes in the course of performance of the work, or as a result of the knowledge obtained by Consultant of any technical information covered by the confidentiality provisions of clause 5, shall be the sole and exclusive property of The Corporation and Consultant shall promptly disclose and cause to be disclosed to The Corporation, all such inventions, improvements and discoveries and, at the election of The Corporation, cause the execution and assignment to The Corporation of patent applications and letters patent thereon
Non Compete: During the term of this agreement and for a period of two years thereafter, Consultant shall have no business dealings whatsoever, directly or indirectly, with respect to any product that is or could be competitive with the products of The Corporation in connection with which services are rendered hereunder by Consultant, including any mentioned on the Project Statement of Work and any which The Corporation subsequently notifies Consultant that utilize the Work. The parties agree that this restriction is reasonable in light of the payments to be made to Consultant hereunder.
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