[Macworld]

Post your comments for Papermaster countersues IBM in effort to join Apple here

[jmincey]

This wasn't about a judge's agreeing with IBM as such but rather only about his finding in favor of the validity of the lawsuit and the justification of an injunction, pending a full hearing in court.
Jeff Mincey

[Gripper]

Look the truth of the matter and the legal foundation IS:
1. He signed the agreement.
2. It says you can't work in the industry with anyone that competes with IBM.

Therefor you are out of work in this arna for a year. So suck it up and quit snizling, I signed the same type agreement and had the same restrictions I lived with what i agreed to. So as I said be a MAN!

[jmincey]

Gripper, I'd love to learn how you conclude that Apple competes with IBM in the enterprise.

Apple's target market is not the enterprise, and all indications are that this will remain the case for the next few years.

This is an area in which the two companies do not compete, and thus Apple's hiring of the individual in question does not represent a violation of the contract.

This is the case they will make. Obviously IBM has a different point of view.

Jeff Mincey

[Wondercow]

Gripper said:

Look the truth of the matter and the legal foundation IS:

Whenever a post starts this way it usually means opinion, not truth, is to follow.

Quote

1. He signed the agreement.

Which is unenforceable in Papermaster's state, as well as Apple's. Unenforceable means "not legally binding".

Quote

2. It says you can't work in the industry with anyone that competes with IBM.

That is precisely the question before the court: does Apple compete with IBM? Perhaps the question will even be reduced to "will Papermaster's division (iPod/iPhone) compete with IBM?" When was the last time you saw an IBM phone? How about an IBM portable music player?

>Therefor you are out of work in this arna for a year. So suck it up and quit snizling

Not necessarily true; many non-compete agreements are found to be unenforceable for some reason. Not to mention that, as already noted, Apple's state and Papermaster's both DO NOT ALLOW non-compete agreements.

>I signed the same type agreement and had the same restrictions I lived with what i agreed to. So as I said be a MAN!

You never said "be a man" until now, but that's nitpicking. Maybe the one you signed was actually illegal in whole or in part and overly restrictive in what it required of you. Maybe your rights were trampled by your employer and you just let them walk all over you.

[airhead]

Initially when I heard about this case I thought IBM was correct in filing, but I don't see how they are going to win. With the details coming out on the particulars of the contract, his position at Apple, and his position at IBM it doesn't look like they "IBM" have a lot of ground to argue on.