Report: Judge blocks ex-IBM exec from joining Apple
#4
Posted 08 November 2008 - 09:28 PM
It's a simple contract obligation.
"Papermaster also signed a noncompetition agreement in 2006 pledging not to work for competitors for one year after the conclusion of his employment with IBM."
The guy just left IBM. He's forbidden to work for Apple for a year. It's as simple as that.
"Papermaster also signed a noncompetition agreement in 2006 pledging not to work for competitors for one year after the conclusion of his employment with IBM."
The guy just left IBM. He's forbidden to work for Apple for a year. It's as simple as that.
#7
Posted 09 November 2008 - 07:15 AM
...However, it was reported that IBM "offered" Papermaster money to -not- take the job which implies that the non-compete contract was not providing any money to Papermaster; therefore, of the the contract was one-sided (you don't work for anyone else and we don't pay you anything), the contract is probably unenforceable.
We'll see.
We'll see.
#8
Posted 09 November 2008 - 09:00 AM
Technically Apple doesn't innovate... they design. Apple has NEVER invented a microprocessor (IBM and Intel did).. Apple just puts it in nice hardware with a great OS.
If it weren't for IBM there would have never been a Mac after the Motorola chips.
IBM is an innovator, they developed storage systems, processors, and many more things we don't know about that are top secret (US Govt).
To say IBM doesnt innovate, is to say that Apple doesn't make great hardware.
If it weren't for IBM there would have never been a Mac after the Motorola chips.
IBM is an innovator, they developed storage systems, processors, and many more things we don't know about that are top secret (US Govt).
To say IBM doesnt innovate, is to say that Apple doesn't make great hardware.
#9
Posted 09 November 2008 - 10:17 AM
nmpike said:
Technically Apple doesn't innovate... they design. Apple has NEVER invented a microprocessor (IBM and Intel did).. Apple just puts it in nice hardware with a great OS.
I think you need to look up the definition of "innovate". Innovation isn't restricted to microprocessors and most definitely does include design. Apple innovates, so does IBM--they just do it in different arenas. Apple's innovations are far more public and arguably more useful, especially for the general public.
#10
Posted 09 November 2008 - 12:56 PM
I can understand if an employer is allowed to sue you if you leak confidential information about the company while you're working for them or states you can't work for a competitor while you're still employed. Though for the court system to be used to force you to stay with only one employer for the rest of your life should be considered slavery and the American legal system should be ashamed of they way they handled this case. I would be pissed if I was this guy being told he only has the option of being unemployed or working for IBM for the rest of his life. Whatever happened to building your on the job skills and taking those skills somewhere else due to needing to relocate for a move or wanting to increase your salary when your employer is unable or unwilling to meet your needs?
#11
Posted 09 November 2008 - 01:53 PM
Re, "But the former IBM executive won’t be able to start work at Apple any time soon…
Obviously "time" is relative. Looks like it is moving pretty quickly.
As per Court Docket Text posted on http://news.justia.c...cv09078/334178/
"ORDER: For the reasons that will be stated in a forthcoming Opinion, Plaintiff's Motion for Preliminary Injunctive Relief is GRANTED. It is further ORDERED that Defendant, Mark D. Papermaster, will immediately cease his employment with Apple, Inc. until further Order of this Court; and it is further ORDERED, pursuant to Fed. R. Civ. P. 65©, that Plaintiff is required to propose a reasonable bond, after consultation with Defendant, to the Court by 4:00 pm on November 10, 2008. If Defendant objects, he shall submit his opposition by 4:00 pm on November 11, 2008; and it is further ORDERED that the Court will hold a status conference on November 18, 2008, at 10:00 am, at which it will discuss, and encourages the Parties to discuss beforehand, an expedited schedule for discovery and trial. re: 7 Declaration in Support filed by International Business Machines Corporation, 3 Order to Show Cause, Preliminary Injunction,, filed by International Business Machines Corporation, 4 Memorandum of Law in Support filed by International Business Machines Corporation, 5 Declaration in Support, filed by International Business Machines Corporation, 6 Declaration filed by International Business Machines Corporation, ( Reasonable Bond due by 11/10/2008 4pm., Opposition due by 11/11/2008 4pm),, ( Status Conference set for 11/18/2008 at 10:00 AM before Judge Kenneth M. Karas.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/07/2008) (gco) (Entered: November 7, 2008)"
Obviously "time" is relative. Looks like it is moving pretty quickly.
As per Court Docket Text posted on http://news.justia.c...cv09078/334178/
"ORDER: For the reasons that will be stated in a forthcoming Opinion, Plaintiff's Motion for Preliminary Injunctive Relief is GRANTED. It is further ORDERED that Defendant, Mark D. Papermaster, will immediately cease his employment with Apple, Inc. until further Order of this Court; and it is further ORDERED, pursuant to Fed. R. Civ. P. 65©, that Plaintiff is required to propose a reasonable bond, after consultation with Defendant, to the Court by 4:00 pm on November 10, 2008. If Defendant objects, he shall submit his opposition by 4:00 pm on November 11, 2008; and it is further ORDERED that the Court will hold a status conference on November 18, 2008, at 10:00 am, at which it will discuss, and encourages the Parties to discuss beforehand, an expedited schedule for discovery and trial. re: 7 Declaration in Support filed by International Business Machines Corporation, 3 Order to Show Cause, Preliminary Injunction,, filed by International Business Machines Corporation, 4 Memorandum of Law in Support filed by International Business Machines Corporation, 5 Declaration in Support, filed by International Business Machines Corporation, 6 Declaration filed by International Business Machines Corporation, ( Reasonable Bond due by 11/10/2008 4pm., Opposition due by 11/11/2008 4pm),, ( Status Conference set for 11/18/2008 at 10:00 AM before Judge Kenneth M. Karas.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/07/2008) (gco) (Entered: November 7, 2008)"
#13
Posted 09 November 2008 - 07:54 PM
TxTom said:
I don't see what the problem is...IBM doesn't innovate and as such does not have secrets.
While IBM doesn't come out with flashy, high profile consumer products, you might want to take another look at IBM's patent portfolio before making such a ridiculous claim.
#14
Posted 09 November 2008 - 08:23 PM
nmpike said:
Technically Apple doesn't innovate... they design.
Huh? I'd suggest you look up the word "innovate" before displaying further ignorance. For example, here's the entry from dictionary.com:
in⋅no⋅vate [in-uh-veyt] Show IPA Pronunciation
verb, -vat⋅ed, -vat⋅ing.
?verb (used without object)
1. to introduce something new; make changes in anything established.
The last time I checked, this certainly applies to Apple.
>Apple has NEVER invented a microprocessor (IBM and Intel did).. Apple just puts it in nice hardware with a great OS.
Sigh... this is just wrong on multiple levels... For starters, Intel invented the microprocessor (in 1971) and that invention, much like every invention is built off of prior work done by someone else. Second, if Intel invented the microprocessor, how could IBM also invent it? There was no such joint venture. IBM built a different processor, it made innovations along the way, but it didn't invent the microprocessor.
Also, its great how you easily trivialize the "nice hardware" and "great OS" without discussing any innovations along the way. How about Apple's most recent innovation with regard to the manufacturing process with the new Macbooks? Really, nothing in OS X strikes you as innovative?
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If it weren't for IBM there would have never been a Mac after the Motorola chips.
Please, stop... you're just making yourself look silly. So, Apple transitioned from Motorola's chips because Motorola wasn't able to keep up with Intel's pace for new chip technology. Apple chose IBM's chips. At the time, it appeared to be a good idea. But, in the end, Apple ended up just going with Intel. So, that begs the question, exactly why do you think Apple didn't have the option of transitioning to Intel instead of PPC at the time? Do you think Intel would have turned away Apple's business? Do you think it was any less work to migrate to PPC rather than Intel?
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IBM is an innovator, they developed storage systems, processors, and many more things we don't know about that are top secret (US Govt).
Agreed.
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To say IBM doesnt innovate, is to say that Apple doesn't make great hardware.
Both IBM and Apple are major innovators for the computer industry.



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