Those are fair points, although I did qualify my statement with "In the absence of fraud". If the employment agreements forbid the behavior then that would be a clear case of fraud. When it comes to implied expectations, I'm not sure it's so clear. My understanding is that bilateral agreements with no-hire stipulations are not explicitly illegal, although the court may rule a specific agreement is depending on how it affects competition in a market. So how many employees actually assumed no non-hire agreements when they signed on and was that a reasonable assumption? I think that's a difficult question to answer.
Either way, I hate that the focus is on the "letter of the law". If this were a patent troll case, or Hollywood copyright, or if SOPA had passed, how many people here would be demanding damages or jail time from the defendants? They would be guilty of breaking the law just the same, and the plaintiffs could also claim that they need to be compensated for their losses (cost of filing for patent, "lost revenues" from pirated material, etc.)
I have to say, though, that my initial post was poorly worded. As I was writing it, in my mind, I thought I was railing against antitrust laws in general and describing how non-hire agreements in the abstract were victimless crimes. Reading those statements again, it seems more like I'm just talking about this particular case. That's totally my fault, I apologize for that. I tend to get worked up about issues like this and have to do a better job of choosing my words, or even stop myself from ranting in the first place.
Either way, I hate that the focus is on the "letter of the law". If this were a patent troll case, or Hollywood copyright, or if SOPA had passed, how many people here would be demanding damages or jail time from the defendants? They would be guilty of breaking the law just the same, and the plaintiffs could also claim that they need to be compensated for their losses (cost of filing for patent, "lost revenues" from pirated material, etc.)
I have to say, though, that my initial post was poorly worded. As I was writing it, in my mind, I thought I was railing against antitrust laws in general and describing how non-hire agreements in the abstract were victimless crimes. Reading those statements again, it seems more like I'm just talking about this particular case. That's totally my fault, I apologize for that. I tend to get worked up about issues like this and have to do a better job of choosing my words, or even stop myself from ranting in the first place.