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by BillyOblivion 3342 days ago
It's not really predatory, or at least not in intent (you always have exceptions).

The basic rule of thumb when seeing stupid clauses like this is 'Someone did something shift, a lawsuit happened and the words "I didn't know I couldn't" came out of the defendant's mouth and that cost/almost cost the plaintiff the case. So now they make it overbroad so you can't claim you didn't know'.

There have been several cases over the years--one of which got several cow-orkers of mine fired--where the "side project" turned into a real company and it turned out to either be based on the companies source code, or created by looking at the companies source code (in one case a competing product, in another case a complementary product).

In some ways it's an "anti-predatory" clause.

I've mostly been subject to it at much larger companies and defense contractors.

It's also something that you can usually get a 'waiver' (or whatever your company calls it) for. Go to your boss, or whomever and get them to put in writing that "Yeah, we know about this, and it's ok with us".