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Canadian courts, however, take a very dim view of enforcing non-competes and copyrights of "ideas" in favour of corporations over individuals. I mean, if you actually have a copy of copyrighted code, that's pretty blatant. But merely having learned how a certain framework works, then gaining/maintaining a future employment based on your recollection of that framework (that is, you reimplemented a very similar idea) is not going to be enforced against that individual.

Corporations that cherry-pick competitors' best talents solely to learn copyrights will have their hands slapped, but the individual is rarely going to be punished for anything. There is a certain "right to work" (which is separate from the union-busting laws of the same name) which Canadian courts feel are superior to any contract to the contrary, thus any contract stating you cannot use knowledge gained in a position in future positions are generally found to be null and void (or at least that part is found that way).

Disclaimer: IANAL. This is just what my current employer has told me (on my first day at work, I might add).


In reply to Re^5: Code Samples and Previous Employers by Tanktalus
in thread Code Samples and Previous Employers by friedo

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