evilt00l
join:2003-03-20
Winchester, KY
clubs:
| New Apple hire Mark Papermaster must stop working
A U.S. District Court judge in New York ordered a newly hired Apple Inc executive to stop work immediately because he might be violating an agreement with his former employer, IBM.
Federal District Judge Kenneth Karas in White Plains ordered that Mark Papermaster "immediately cease his employment with Apple Inc until further order of this court."
»www.reuters.com/article/marketsN···20081108 |
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DoLeMiTe
My Dixie Wrecked
Premium
join:2001-01-11
New Kensington, PA
 ·Comcast
| Lucky guy, I wish someone would order me to stop working. The courts should just let the poor guy work. This is why I'm not a big fan of having to sign contracts with employers because it could limit the places you can work like in this guys case.
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Please take my hard earned money and give it to someone who doesn't work. They deserve it! |
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The Dv8or
DSLReports Forums -- The Mouse House 2.0
Premium
join:2001-08-09
Danbury, CT
clubs: | How do you prevent your top developers from going to competitors with your biggest secrets then?
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You're so vain... I bet you think this post is about you. |
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TearAbite
join:2001-07-25
Rancho Cucamonga, CA
 ·surpasshosting
·Charter Pipeline
| said by The Dv8or  :How do you prevent your top developers from going to competitors with your biggest secrets then? Is Apple really a top competitor of IBM ? |
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The Dv8or
DSLReports Forums -- The Mouse House 2.0
Premium
join:2001-08-09
Danbury, CT
clubs:
| If you dont sign contracts, as Dolemite is opposed to, whats to stop AMD's top developers from going to Intel with AMD's latest development secrets? It goes far beyond Apple and IBM.
And while I don't think IBM is the TOP competitor to Apple, I definitely think they are competitors. IBM sells entry and mid level servers, as well as powerful workstations, which match up well to the Xserve and Mac Pro.
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You're so vain... I bet you think this post is about you. |
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TearAbite
join:2001-07-25
Rancho Cucamonga, CA | reply to evilt00l
They're just still upset over that whole OS/2 kerfuffle .. |
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wmcbrine
Touched by His Noodly Appendage
join:2002-12-30
Laurel, MD
| reply to The Dv8or
said by The Dv8or :How do you prevent your top developers from going to competitors with your biggest secrets then? Adopt a business model that doesn't depend on secrecy?
But actually, most already have that. They want secrecy a lot more than they need it.
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09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 |
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Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
clubs: | reply to TearAbite
Yes.
Apple is developing an ARM processor. |
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bbarrera
Premium,MVM
join:2000-10-23
Sacramento, CA
clubs:
 ·SureWest Internet
| reply to The Dv8or
said by The Dv8or :How do you prevent your top developers from going to competitors with your biggest secrets then? In California non-competes are not legal, therefore you have two options:
- sue former employees for violating NDA
- golden parachute tied to not working for a competitor
For example Apple is paying Tony Fadell $300K/year + stock options until 2010 for his 'special advisor to Steve Jobs' consulting role. If he goes to work for a competitor then Apple will stop paying him.
»www.appleinsider.com/articles/08···ore.html |
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Mike
Premium,Mod
join:2000-09-17
Pittsburgh, PA
clubs: | Third.
The lawsuit was based in New York. Counter in California and throw it out. |
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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
clubs:
 ·VOIPo
·Metrocast Communic..
·AT&T DSL Service
·ViaTalk
| reply to wmcbrine
said by wmcbrine :said by The Dv8or :How do you prevent your top developers from going to competitors with your biggest secrets then? Adopt a business model that doesn't depend on secrecy? But actually, most already have that. They want secrecy a lot more than they need it. Exactly.
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"So, Lone Star, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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stonhinge
join:2003-07-28
Topeka, KS
clubs:
1 edit | reply to evilt00l
If he was in R&D, or had anything to do with an upcoming technology, NDAs are much more likely. You can't patent something until you've got the design down. Having someone who knew about a tech "jump ship" and go work for a competitor can potentially give them the technology, or the basics of it, and save them years of R&D time. As well as potentially beating the originating company to market.
I had a teacher a while back who was under an NDA with Toshiba. After Blu-Ray came out, she could say that's what she had been working on. All she would tell us before then was that it was "really cool".
Oh, and Dolemite, it's nice to have someone tell you you have to stop working for a company - until you realize that you're not getting paid. |
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Titus Pullo
I came, I saw, I slept
join:2004-06-26
·Embarq
| reply to The Dv8or
said by The Dv8or :If you dont sign contracts, as Dolemite is opposed to, whats to stop AMD's top developers from going to Intel with AMD's latest development secrets? It goes far beyond Apple and IBM. Nothing.
I see nothing wrong with an enforceable NDA; if you sign one, and are paid, then you should honor it. I believe that's what hush money is all about.
That being said, NDA's usually support the utter bowl-splatter that is ultimately the failed marketing concept known as the free market. Apple's NDA/SDK with the app store is a perfect example. Off topic, granted, but it goes to the core of why there are NDAs.
Just sayin ...
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bbarrera
Premium,MVM
join:2000-10-23
Sacramento, CA
clubs:
·SureWest Internet
| reply to Mike
said by Mike :The lawsuit was based in New York. Counter in California and throw it out. That won't work because Mark Papermaster worked for IBM in Texas and agreed to a New York venue for disputes. |
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Shadow01
Premium
join:2003-10-24
Wasteland
·AT&T Midwest
| reply to The Dv8or
said by The Dv8or :If you dont sign contracts, as Dolemite is opposed to, whats to stop AMD's top developers from going to Intel with AMD's latest development secrets? It goes far beyond Apple and IBM. How about paying them what it takes to get them to stay? |
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The Monkey
I like bananas
Premium
join:2000-10-08
New York, NY | reply to evilt00l
Courts are generally loath to enforce non-competes, and rightly so.
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The Monkey |
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stonhinge
join:2003-07-28
Topeka, KS
clubs:
| reply to Shadow01
said by Shadow01 :How about paying them what it takes to get them to stay? Paying them to stay means nothing if they were working as a contracted hire. If the terms that say the contract is up, then unless they renegotiate, you don't work for them any more. If the work you were there to do is done, then there's no reason to contract again.
Simply put: NCAs are in place to keep you from taking all the knowledge one company hired you for, to another company - who can take advantage of the fact that all the kinks have been worked out already.
Also - non-competes usually also have a non-disclosure.
And since Papermaster is an exec, he has a bit more insight on the inner workings of IBM. While the same methods probably wouldn't work at Apple, sometimes knowing HOW your competition does things is almost as important as knowing WHAT they're doing. Which is why you'll notice on a lot of internal company documents the legalese that states that "this document is property of so-and-so and any use outside the company is prohibited"
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When the ship lifts, all bills are paid. No regrets. |
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