Archived posting to the Leica Users Group, 2000/04/01

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Subject: RE: [Leica] Kindermann Canada camera servicing April Fool
From: Austin Franklin <austin@darkroom.com>
Date: Sat, 1 Apr 2000 19:45:08 -0500

I have thought about it more than a bit, thanks.  I've even been 'involved' 
in a case having to do with the exact same nature of things we are 
discussing.  My statement of 'how the information is obtained' is 
absolutely correct.

It has nothing to do with individuals freedom.  Of course the employee has 
every right to do what s/he wants to as far as his/her employment, that is 
not the issue.  The issue is, a company has the right to protect their 
business/investments.  One of their investments/part of their business IS 
their employees.

Ethical and legal do not mean the same thing, and just because it 'happens' 
doesn't make it ethical or legal.  People drive drunk, though it is 
(usually) unethical and is illegal.

Since you are so sure of your self, and since "I don't have a clue", how 
about if I cite a case that shows I am unquestionably right in what I said 
below (perhaps you ought re-read it, and do some research of your own), 
will you buy me a new Noctilux?  What do you have to lose, remember, I 
don't have a clue!

And no, this isn't an April fools joke....calling my position 'nonsense', I 
guess that wasn't intentional or deliberate either?  If I only called it 
'rude' that would be kind.  I believe this can be discussed without being 
personal.

> No intent here to be deliberately rude, but you don't have a clue.  Think 
about
> it a little bit.  The kind of "ethics" and or "legal" position you are
> purporting to take is so far removed from reality and from the 
fundamental
> concept of the individual freedoms that................wait a minute, I 
get it,
> nobody could seriously propose this kind of nonsense...its an April Fool 
deal
> right?

Austin Franklin wrote:

> Well, it depends on how these persons names were obtained, and how the
> contacts are made.  A companys employee list certainly can be considered
> confidential and proprietary, and it is certainly an asset of the 
company.
>
> If I leave my company, and go to a competitor, and I, or my company 
through
> information obtained from me, solicit my old colleagues, that certainly
> would create a problem.  If, in a passing conversation, I am asked by an
> old colleague if there are any opportunities with my new company, then 
the
> coast is clear.
>
> No horse, or hockey here, but it's an interesting concept...
>
> > Horse Hockey.  Soliciting someone to obtain confidential or proprietary
> > information about a competitor is certainly fraught with ethical and
> legal
> > issues, but simple employment?   Horse Hockey!
>
> > > >  Apparently the new Leica Distributor in Canada tried to have him
> switch
> > > > job from Kindermann.  He refused.  Other technicians were also
> > > > unsuccesfully approached.
> > >
> > > I believe in the US there are laws about soliciting people 'in this
> > > manner'.  Usually, there are agreements in place that prohibit this.
>  If
> > > the technician wanted to contact the new distributor, that is 
certainly
> OK
> > > in my book, but for the new distributor to solicit them, I believe, 
is
> > > unethical.