Today's Top Story Daily Spectrum is pleased to present the latest in a series of articles, written by practicing attorneys, regarding legal issues for multimedia and online content developers and publishers. Because the law can change rapidly and application of the law is fact specific, readers should consult an attorney before relying on any general legal information contained herein. The Trade Secret Doctrine Of Inevitable Use by David Makman Most Daily Spectrum readers are probably aware of the fact that software is protected by trade secret law. When a company hires a software engineer, he or she usually has to sign a contract promising to protect the trade secrets of the company. Some do not.
Many software engineers are quite conscientious in trying to protect the secrets of their employers.
Some are not. A more difficult question arises with regards to the special knowledge that a software engineer acquires on the job. The company is may see some of this knowledge as trade secret company property. On the one hand, an employee has the right to change jobs freely. On the other hand, a company has the rights to protect its proprietary trade secrets.