[Macworld]

Post your comments for Judge: Apple's new VP could cause 'irreparable harm' to IBM here

[luomat]

Anti-competitive agreements ought to be illegal.
You're essentially held hostage by your job, prevented from moving to another company that might pay and/or treat you better.

[Inkling]

Given Mr. Papermaster's background with PowerPC chips, it's easy to suspect that IBM anger may be the result of smoldering ill-will that Apple switched to Intel.
If IBM's argument were applied to employment in general, few people could leave one technical job for another even remotely similar. There's simply no way to give Mr. Papermaster a 'brain purge' of all he learned at IBM, nor should that be necessary. IBM got the benefit of his expertise while he was employed with them. Apple should be able to get it now. The fact that Apple benefits from skills acquired at IBM is simply how life works. IBM also benefited from his past employment. If IBM has specific trade secrets they don't want him to tell Apple, they can give him a list and a warning.

[j_drake]

While that may be true at face value, he did sign the agreement. Had he been able to prove that he was treated unfairly by IBM, either financially or otherwise, and had he used that as the reason for leaving IBM the judge might have found in his favor. I do agree with the judge about the inadvertent use of IBM knowledge, but that the judge also stated what other value does he bring? is completely out of line. If he had/has enough ability to design/manage those projects at IBM then his knowledge has a wider scope beyond the work he has done previously.

[Warning]

Judges paid off by IBM.

[inpersonoz]

"irreparable harm" Seriously? And in 12 months when the non-compete agreement is past he can't do the same? If he'd gone to Intel or AMD maybe, but it s hard to see that going to Apple - even though Apple has always been a bit 'chippy', they're not head to head in the markets.

[anderkh]

The agreement he signed specifically says 'competitors'. I think Papermaster's point that they are not competitors is a sound one. So what if he was treated fairly or not? He has a right to work, and I'm completely surprised by the judge's position. If Papermaster loses this, he should sue his lawyer! :)

[spim]

I hate the non-compete agreements too ... but I signed one as well.
It was, "Sign this today - or you're fired."
After I leave this company someday, I can't work for any one of hundreds of employers that my present company deems a "competitor".
As I did not have another job lined up at that moment, I signed it - and have screwed my future - at least if I want to stay in the same type of business.
but, as to Mr. Papermaster - he signed one too - and IBM therefore has him over the barrel
I wouldn't mind so much if the employer was obligated to pay me (or anyone) for that year which we've signed away. But I know that ain't gonna happen.

[Speed_Racer]

inpersonoz said:

"irreparable harm" Seriously? And in 12 months when the non-compete agreement is past he can't do the same?

Not really. Things change fast in the computer business. Research will be outdated in a year, and so will IBM's strategies.

[pcorcoran]

Businesses more and more resemble governments. ("Former employees of an intelligence agency must not work for another government.")
Governments more and more resemble businesses. ("Office of the CTO.")

[Chuis]

"It is likely that Mr. Papermaster inevitably will draw upon his experience and expertise in microprocessors and the 'Power' architecture, which he gained from his many years at IBM, and which Apple found so impressive, to make sure that the iPod and iPhone are fitted with the best possible microprocessor technology and at a lower cost," Karas said.
Why would IBM care if Apple sells more iPods and iPhones?

[Chuis]

...Sorry, KPO'M, but I must be missing something. If Apple sells more iPods and iPhones, how does that hurt IBM?
If an Apple executive left and developed multi-touch into devices for a GPS company, that doesn't hurt Apple all that much. If you want a GPS device, you buy one. People won't buy less iPhones or iPods because of an input upgrade to a GPS device.

Even saying that they went to a GPS company proves it's not a competitor. That's the point.