Reply to post: Re: Business Model

Crypto-upstart subpoenas Glassdoor to unmask ex-staff believed to be behind negative reviews. EFF joins the fray

JohnFen Silver badge

Re: Business Model

> Kraken does not know if the people that left the reviews are ex-employees who signed a non-disparagement contract taking away their legal right to speech.

Correct, which is probably why they want Glassdoor to reveal the identities, in order to make that determination. Also, it's established law that non-disparagement clauses in contracts (in the US) cannot restrain people from stating their opinions. In other words, the clause can prevent you from saying "the company is criminal", but not from saying "the company behaves in a way that I consider intolerable." Well, they can say they do, but courts cannot enforce that because it's a first amendment violation. That's the case that the EFF is making.

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