Founder of Facebook's Oculus hit with lawsuit
reuters.com
reuters.com
>To fund these projects, he earned at least US$36,000 by fixing and reselling damaged iPhones,[2] and was also a sailing coach and did boat repair.[6]
>In 2009, he founded ModRetro Forums, a website for discussing modifications to old hardware devices such as game consoles and PCs.[3]
>During his study at California State, he worked as an engineer at the Mixed Reality Lab (MxR)[12] at the Institute for Creative Technologies (ICT) at the University of Southern California as part of a design team for cost-effective virtual reality.[2][3]
Things like this make me really hesitant to intern at a company in the industry I want to go into. If I ever start my own company in that industry (which I plan to do), I will definitely be using a certain percentage of the same technology as any other player is. Even if I knew about the technology before working there, I would still technically be violating a NDA.
This reminds me of George Harrison's "Subconscious Plagiarism" lawsuit. http://en.wikipedia.org/wiki/My_Sweet_Lord#Copyright_infring...
Most companies that deal with IP need to have such clauses in their agreements otherwise they could fail due diligence.
It would be surprising if the TRT-Luckey agreement didn't have IP assignment clauses.
That doesn't seem to be the case: https://www.reddit.com/r/oculus/comments/23rh0m/ken_perlin_o... Luckey was certainly aware of the Wide5 HMD from USC http://www.fakespacelabs.com/Wide5.html http://people.ict.usc.edu/~suma/papers/olson-vr2011poster.pd... fairly early in his VR work (see http://www.mtbs3d.com/phpBB/viewtopic.php?f=120&t=13741 and http://www.mtbs3d.com/phpBB/viewtopic.php?f=120&t=13158&star... ) but the Wide5 apparently has different lenses, doesn't use PC-side software distortion correction and uses two screens (the consumer Rift will too, but all Rift versions up to and including Dev Kit 2 https://forums.oculus.com/viewtopic.php?t=7544 are single-screen).
You might be in danger of someone arguing you are violating the NDA, and this might be sufficient liability that you don't want to take that risk, but "technically" you would not be violating almost any reasonable NDA (of course, someone could draft one that was insane) if you learned the information in question through a source that is not covered by the NDA (and this is true even if you "learned" the information a second time due to it being disclosed in some other way later).
If you work just 1 place they can accuse that you use knowledge from there in your new job.
Life is hard, Don't attack personal people, just live harder.
To defend against this sort of stuff, you have to be extremely well-versed in your field. You have to know exactly which parts are public knowledge and which parts aren't (and therefore, are proprietary knowledge). You have to know all the dark, secret corners of your field. You have to not only be an expert, you have to be THE expert, the one and only, the master of all knowledge.
Because the court won't be. And they don't care. It's your word against your former employer's about what you learned there versus what you knew before versus what is common industry knowledge. I've also worked at a ton of CRUD-y consulting firms that had similar language in their NDAs. I'm sorry, nobody building an OLTP system for keeping track of sales figures on ASP.NET and SQL Server is blazing new trails. Not that there isn't anything new to do in that field, just that cross section of the programmers who are capable of doing it and the managers who are willing to go out on a limb, don't exist in that market segment.
Just another reason to stay freelance. Just another reason to refuse to sign NDAs, at least unedited by my own lawyer.
It is one thing to quit a position with a company and then create a competing product -- that happens all the time -- but it is a lot different to be contracted by a company to develop a product while at the same time clearly developing a competing product to the company you are contracting with -- getting the IP straight can be very problematic, and it does seem like a clear conflict of interest.
I would never recommend doing something like that.
But the general circumstances are pretty suspicious.
http://www.marsdd.com/mars-library/intellectual-property-pro...
EDIT: Accord to the actual complaint Luckey signed a confidentiality + exclusivity agreement regarding the TRT stuff that has a term of five years: "On August 1, 2011, Luckey executed a written 'Nondisclosure, exclusivity and payments agreement' contract with Seidl on behalf of the Partnership. Two witnesses also executed the agreement on behalf of Luckey at Luckey’s direction: Tom Allan and Jeff Bacon."