Comments on: I.B.M. sues to block executive’s move to Apple http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/ General interest observations and true web-log. Sat, 21 Nov 2009 11:29:02 -0800 http://wordpress.org/?v=2.8.6 hourly 1 By: Chaunte http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398706 Chaunte Fri, 31 Oct 2008 22:40:35 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398706 I'm guessing Mac Guy isn't a lawyer. Most of these non-competes are non-complete. A company can't just tell an employee not to work for the competition, and then broadly and ambiguously define competition. Non-competes are limited by scope, time, geography, etc. IBM cannot bar Mr. Papermaster from his livelihood, there is a little thing called the 13th Amendment for God's sake. Besides IBM has probably required the man to sign a non-disclosure agreement which is specifically used to protect trad secrets and other IP that remains confidential. Does anybody know if this case will be settled in CA of did IBM already determine which state's laws apply? If Mr. Papermaster can beat IBM to a CA court and request a declaratory injunction he should enjoy some of the more progressive worker's rights laws in the US. Good Luck Mr. Papermaster. Should be a fun case to watch... I’m guessing Mac Guy isn’t a lawyer. Most of these non-competes are non-complete. A company can’t just tell an employee not to work for the competition, and then broadly and ambiguously define competition. Non-competes are limited by scope, time, geography, etc. IBM cannot bar Mr. Papermaster from his livelihood, there is a little thing called the 13th Amendment for God’s sake. Besides IBM has probably required the man to sign a non-disclosure agreement which is specifically used to protect trad secrets and other IP that remains confidential.

Does anybody know if this case will be settled in CA of did IBM already determine which state’s laws apply? If Mr. Papermaster can beat IBM to a CA court and request a declaratory injunction he should enjoy some of the more progressive worker’s rights laws in the US. Good Luck Mr. Papermaster.

Should be a fun case to watch…

]]> By: Don http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398661 Don Fri, 31 Oct 2008 21:50:36 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398661 I don't see where IBM has a leg to stand on. IBM does not make PC's, laptops, mp3 players, mobile phones, or anything else that Apple sells. Apple does not compete with IBM at any level that I can see. Sounds like a clear case of harrasment to me. One of the few cases of me cheering for APPLE. I hope they counter sue with extreme prejudice. Don I don’t see where IBM has a leg to stand on. IBM does not make PC’s, laptops, mp3 players, mobile phones, or anything else that Apple sells. Apple does not compete with IBM at any level that I can see. Sounds like a clear case of harrasment to me.

One of the few cases of me cheering for APPLE. I hope they counter sue with extreme prejudice.

Don

]]> By: hhopper http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398622 hhopper Fri, 31 Oct 2008 21:08:24 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398622 What's the big deal? He signed an agreement with IBM. He can wait a year and then go to work for Apple. It happens all the time in our local TV market. What’s the big deal? He signed an agreement with IBM. He can wait a year and then go to work for Apple. It happens all the time in our local TV market.

]]> By: Mac Guy http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398604 Mac Guy Fri, 31 Oct 2008 20:49:06 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398604 Not surprising at all. He'd been given a position of trust within IBM, and he signed an agreement stating that he agreed to not go to the competition. These things are standard, and he should have known better. IBM must protect its trade secrets (and believe it or not, they do have plenty), and this is one of the ways it protects its investments. Sue him. Not surprising at all. He’d been given a position of trust within IBM, and he signed an agreement stating that he agreed to not go to the competition. These things are standard, and he should have known better. IBM must protect its trade secrets (and believe it or not, they do have plenty), and this is one of the ways it protects its investments.

Sue him.

]]> By: QB http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398602 QB Fri, 31 Oct 2008 20:46:36 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398602 IBM doesn't care about winning this one. They do care about sending a message to their employees. It's like the Hotel California there. IBM doesn’t care about winning this one. They do care about sending a message to their employees. It’s like the Hotel California there.

]]> By: Jimbo http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398599 Jimbo Fri, 31 Oct 2008 20:39:59 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398599 And why would anybody let the cat out of the bag? Leave it up to IBM to find out for whom I'm going to work. And why would anybody let the cat out of the bag? Leave it up to IBM to find out for whom I’m going to work.

]]> By: Kim Helliwell http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398594 Kim Helliwell Fri, 31 Oct 2008 20:36:31 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398594 I bet Mr. Papermaster will prevail. I'm not a lawyer, but I once consulted one about noncompete clauses, and the upshot is that they are difficult to enforce. Further, IBM is not in the consumer computer biz any more, and Apple is not in the chip biz. So it's hard to see how this violates any conceivable non compete clause. IBM might just be trying to harrass Papermaster or Apple (or both) and doesn't really intend to press this to a conclusion. I bet Mr. Papermaster will prevail. I’m not a lawyer, but I once consulted one about noncompete clauses, and the upshot is that they are difficult to enforce. Further, IBM is not in the consumer computer biz any more, and Apple is not in the chip biz. So it’s hard to see how this violates any conceivable non compete clause.

IBM might just be trying to harrass Papermaster or Apple (or both) and doesn’t really intend to press this to a conclusion.

]]> By: chrisbutts http://www.dvorak.org/blog/2008/10/31/ibm-sues-to-block-executive%e2%80%99s-move-to-apple/comment-page-1/#comment-1398591 chrisbutts Fri, 31 Oct 2008 20:35:41 +0000 http://www.dvorak.org/blog/?p=29780#comment-1398591 IBM's blade business is quite successful actually... That being said I guess the question is, is Apple really a competitor to IBM? No one has Apple running on their corporate datacenter floor, and in talking with a lot of people think Apple's server boxes suck. IBM’s blade business is quite successful actually…

That being said I guess the question is, is Apple really a competitor to IBM? No one has Apple running on their corporate datacenter floor, and in talking with a lot of people think Apple’s server boxes suck.

]]>