It's super common, actually. Employer wants to hire expert, so they google for experts. They find one and they've done some OSS stuff in the area. They offer him a job, but with the standard non-compete clause. It's not nearly as devious as it sounds.
Depends where you are, but people often question all non-competes. Also, in some countries/states they are proven to be unenforcable (so generally companies don't try, except for US based companies that try to slip it in).
Non-compete is really a joke, look at half the large tech companies out there, lots of them came out of people forking off from another large company (heck, oracle execs have spawned heaps of companies).
Sorry, I meant non-compete while you're there -- which I think is pretty standard everywhere. After you've left the place they're not enforceable where I live either.
right yes, well for OSS that could put a dampener on things if the OS project does indeed compete (but then why join? or, join, and let someone else take over the project !).
I'm not surprised that it is common, as it definitely makes sense the way you describe it. I don't think it sounds terribly devious. That is the only way it is sensible for a lot of companies.
