Discussion:
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Hi, I have this question: programmer A works for Company B which is selling some products online. After he's done, he realizes that that is not a bad idea and starts selling online himself, competing with his previous employer, company B. The employer claims that it was his idea and A has no rights to do the same thing. Please note that the "Idea" is to buy and resell online some popular products, say books or CDs.
Can you copyright such an "Idea"?
Is individual A breaking the law by doing the same thing as his previous employer?
Thank you
Answer:
Can you copyright such an "Idea"? No. If any protection were available for this, it would be via patent law.
Is individual A breaking the law by doing the same thing as his previous employer? Against the law? Probably not, given the facts you've given. If the individual has used client lists, or anything else taken from his employer, then maybe there is a violation of trade secret laws.
However, even though this likely isn't against the law, if the individual had signed a non-compete agreement with his former company, he may be in breach of contract.