[bediger]

Doesn't Massachusetts enforce "no compete" agreements?

Do you own "intellectual property" you've developed on your own time, with your own resources?

I'm given to understand that the answers are "yes" and "no" respectively. Aren't those two of the major factors for the success of Silicon Valley?

[jbarciauskas]

Seems that while MA is not as hostile as CA to non-competes, I vaguely remember from my business law class that they are still generally weak, and this article confirms:

"Having been involved in counseling companies on noncompete issues for 20-plus years, I have to admit that I am suprised to read this. While noncompetes are pervasive in Massachusetts, many judges are unwilling to enforce them, or will enforce them only in part (i.e., “you can’t work in this particular area for a period of time”). The sense of lawyers in Massachusetts is that absent theft or trade secret misappropriate of some sort, enforcing a noncompete is an uphill fight, so better to negotiate than attack head-on. Most noncompete disputes are negotiated to a private resolution."

http://masslawblog.com/noncompete-agreements/why-has-silicon...

And what's the basis for thinking the second one is not true in MA? What legal theory would hold that IP developed with your own time and resources not be yours, unless you signed away that right explicitly (and even then, if there's no consideration...)