[iimacboy90]

Papermaster signed a contract. He is obligated to honor that. The American court system is there to enforce these things. Now if the contract is "one-sided" or such, that could put things in the air, as afore mentioned, but nevertheless, he signed a contract. It is legally binding. And now the legal system is binding him. I don't see what the problem is. If he didn't like it, he didn't have to sign. No one forced him to stay. And further more, if that's how IBM wants to do business, that's their right, no matter how shady we think it is.

[rab777hp]

looks like someone forgot to file the papers on Papermaster

[MorrisTheCat]

Imagine_Engine said:

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?

He's not being asked to stay with IBM for the rest of his life, although based on what we know of the non-compete agreement, he might as well be. While I certainly understand the concern about sensitive technology info leaving IBM overnight, I would love to see the wording of the non-competition agreement he signed. If its as vague as it sounds, this should be illegal. To just say he can't work for competitors, without some definition about what that really means is weak. If IBM is free to determine who is a competitor, this guy could be stuck there forever, which is unfair to him.

The bottom line is though, it sounds like they have him over a barrel because of what he signed. Bet he'll be more cautious about signing things like this again without giving it some serious thought.

[xybernaut]

1986

[celiawessen]

Everybody understands that there was a promise, correct? No matter what the conditions of the promise was, IBM kept its half and Papermaster didn't. Are some of you saying that it's okay to break a promise if you have a sweet deal? Are you saying that you can just leave people that trusted you for a long time and BETRAY their confidence? I know that ALL OF YOUR are GOOD PEOPLE. Good people make amends when they hurt others... or at least they try to. We know IBM was willing to deal. WHAT WE KNOW is Papermaster brought this problem to Apple. Apple doesn't need it or want it. The only person that isn't trying to do good is Papermaster. Now it is his turn to deal.

[bdkennedy1]

The last time I checked, IBM's processors were in every one of the top 3 gaming consoles - XBOX, Wii and Playstation. Clearly IBM innovates.

Mark Papermaster signed a non-compete contract with IBM a long time ago. Mark Papermaster was an expert on Power chips. Apple wants to make their own chips. IBM wins. Common sense.

[Wondercow]

bdkennedy1 said:

The last time I checked, IBM's processors were in every one of the top 3 gaming consoles - XBOX, Wii and Playstation. Clearly IBM innovates.

Mark Papermaster signed a non-compete contract with IBM a long time ago. Mark Papermaster was an expert on Power chips. Apple wants to make their own chips. IBM wins. Common sense.

I must have missed the news that Apple wants to make their own chips, do you have a link?

While I agree that he should abide by the agreement he made with IBM I don't see how, with what little info we have, heading up the iPod division is competing with IBM.

[bdkennedy1]

Yes, you must have missed the news when Apple purchased PA Semi. PA Semi makes microprocessors. Apple owns PA Semi. IBM makes microprocessors.

http://gigaom.com/20.../apple-pa-semi/

[Steve_S]

bdkennedy1 said:

The last time I checked, IBM's processors were in every one of the top 3 gaming consoles - XBOX, Wii and Playstation. Clearly IBM innovates.

You just described a popularity contest rather than an innovation. I'm not suggesting there are not innovations with IBM's chips. Rather, citing customers for a product is not an innovation. For Microsoft, the decision to move away from Intel had as much to do with Microsoft not liking the idea of subsidizing hardware that in turn was later used as x86 based cheap Linux boxes. Sony was a development partner (along with Toshiba) in the design of the Cell processor. It makes sense for them to be a customer of their own product, right?

Quote

Mark Papermaster signed a non-compete contract with IBM a long time ago. Mark Papermaster was an expert on Power chips. Apple wants to make their own chips. IBM wins. Common sense.

Historically, non-compete clauses have not been enforceable. While there is a temporary injunction on this high profile case, the final ruling isn't out yet. Did Mark have a choice of signing this contract or not? If he wanted to be an IBM employee, I'm sure he didn't have a choice. It's not as black and white as you suggest.

[bdkennedy1]

Of course he had a choice. His choice was to not sign the contract or work for IBM.

[Wondercow]

bdkennedy1 said:

Yes, you must have missed the news when Apple purchased PA Semi. PA Semi makes microprocessors. Apple owns PA Semi. IBM makes microprocessors.

And you seriously equate chips designed for iPhones/iPods with the Power chips from IBM? I'll grant that yes, Apple (or their subsidiary) makes chips as does IBM, but to say "Apple want's to make their own chips" in this context is implying more than is there.

[bdkennedy1]

Yes I do equate the chips. All you're thinking is about right now, not 5 years from now. It will be several years before the results of any of his work would be seen, and processors can take any form by then.

Why are you arguing? This guy has microprocessor design technology in his head that is going to translate into chips Apple will produce, and obviously the judge thinks the same.

[Wondercow]

bdkennedy1 said:

>All you're thinking is about right now, not 5 years from now. It will be several years before the results of any of his work would be seen, and processors can take any form by then.

You might cause a car accident in five years--so why don't we raise your insurance rates right now and suspend your licence? We generally don't condemn people for what they might do in the future. If Apple develops PA Semi into chips that can be used in servers and that compete with IBM then sue. What you suggest is putting the cart before the horse.

>Why are you arguing?

I must have missed the memo that notified us all that your opinion is the only one that matters.

>This guy has microprocessor design technology in his head that is going to translate into chips Apple will produce - http://emph. mine

There's your clairvoyance again. Please, do tell how waiting one year will make the "microprocessor design technology in his head" suddenly disappear. I'd also like to know how the "microprocessor design technology in his head" is the property of IBM. General knowledge of a subject is the very reason companies hire people with experience.

[bdkennedy1]

He signed a contract. The judge agrees. End of story.