John Paczkowski

Recent Posts by John Paczkowski

IBM Discovers Noncompetes Really Are Unenforceable in California [UPDATED]

Mr. Papermaster’s employment by Apple is a violation of his agreement with IBM against working for a competitor should he leave IBM. We will vigorously pursue this case in court.”

IBM, October 2008

IBM’s legal efforts to enforce a noncompete agreement that would have prevented 26-year company veteran Mark Papermaster from jumping ship for a high-profile job at Apple appear to have failed. In a terse statement issued this morning, Apple (AAPL) said the litigation between IBM (IBM) and Mark Papermaster has been resolved. Come April 24, Papermaster will begin leading Apple’s iPod and iPhone hardware engineering teams as SVP of Devices Hardware Engineering, reporting to CEO Steve Jobs. He will, however, have to certify in July and October that he has complied with legal obligations and not used confidential IBM information at Apple. From IBM’s own release on the matter:

IBM and Mr. Papermaster have now agreed on a resolution of the lawsuit under which Mr. Papermaster may not begin employment with Apple until April 24, 2009, six months after leaving IBM, and will remain subject thereafter to all of his contractual and other legal duties to IBM, including the obligation not to use or disclose IBM’s confidential information. Following commencement of his employment with Apple, Mr. Papermaster will be required to certify, in July 2009 and again in October 2009, that he has complied with his legal obligations not to use or disclose IBM’s confidential or proprietary information. The preliminary injunction will be replaced by a court order under which the Court will have continuing jurisdiction over this matter, including compliance enforcement powers, until October 24, 2009, one year after Mr. Papermaster’s departure from IBM.”


Twitter’s Tanking

December 30, 2013 at 6:49 am PT

2013 Was a Good Year for Chromebooks

December 29, 2013 at 2:12 pm PT

BlackBerry Pulls Latest Twitter for BB10 Update

December 29, 2013 at 5:58 am PT

Apple CEO Tim Cook Made $4.25 Million This Year

December 28, 2013 at 12:05 pm PT

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I think the NSA has a job to do and we need the NSA. But as (physicist) Robert Oppenheimer said, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

— Phil Zimmerman, PGP inventor and Silent Circle co-founder, in an interview with Om Malik