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Comment: Re:Both ways? (Score 2) 84

by RenderSeven (#49689703) Attached to: Apple, A123 To Settle Lawsuit Over Poached Battery Engineers

Non-competes are basically unenforceable in California

Thats my understanding as well, which is why A123 sued in Massachusetts, and Apple tried (unsuccessfully) to move the case to California. According to Wikipedia the current applicable MA law states “A covenant not to compete is enforceable only if it is necessary to protect a legitimate business interest, reasonably limited in time and space, and consonant with the public interest”. The most recent test case I could find is IBM v. Papermaster (2009) involving (perhaps not coincidentally) Apple poaching. The court backed IBM and granted an injunction against Papermaster, citing and expanding "inevitable disclosure". Papermaster & Apple settled before trial, just like they did with A123.

Google, Microsoft, Apple and so on have all settled these cases in the last 10 years or so, so nothing has gone to trial so no case law has been established, but IBM v. Papermaster lays the groundwork for more enforcement of non-competes in some cases. IANAL but it seems the anecdotal assumption that "non-competes are basically unenforceable in xxx" may not be as absolute as we engineers assume it is.

Comment: Re:Both ways? (Score 4, Informative) 84

by RenderSeven (#49685709) Attached to: Apple, A123 To Settle Lawsuit Over Poached Battery Engineers
Well, the suit claimed that Apple hired Mujeeb Ijaz (in charge of R&D), who in turn enticed his key scientists and engineers to follow him. A123 claims that:
- Ijaz has a non-compete clause in his contract,
- The other employees have a non-compete also
- Ijaz has a non-solicitation clause in his contract
- Apple knew about the clauses and enticed them to break them
- All the employees shared A123 proprietary knowledge and trade secrets with Apple
- Apple orchestrated all this to obtain trade secrets illicitly
- Ijaz attempted to solicit A123 partners on Apple's behalf

Yeah yeah, 'A123 claims' doesnt make it true. And, non-compete clauses may or may not be enforceable, though this type of situation may be one of the rare cases where it is. Still, if Ijaz had a contract to not solicit his former employees, thats enforceable, as is violating confidentiality, as is enticing people to break the law, as is conspiring to do so. I'd say it was far from a slam-dunk dismissal and there was enough risk that they settled. While A123 may have not had the resources to fight a protracted legal battle, their Chinese buyer apparently did.

Comment: Re:Decent (Score 5, Insightful) 482

According to other articles, it will cost them an average of $19k for 30 employees, so $570k. And not well publicized is he is going to spread it over 3 years. So $200k year one, $400k year 2, and so on. The $930k pay cut is immediate. The company is completely owned by the two brothers, and makes $2M in profits per year, which presumably they reinvest or take out in bonuses. The absolute WORST way to get money out of your own company is salary. I would be shocked if the tax advantages of changing disbursement methods dont outweigh the $190k first year costs, while raising profitability on paper, and making you the darling of the media and the White House (they're cozy with Obama already). If their goal was to sell the company, this would be a pretty good way to pump up the profit margin and P/E ratio before cashing out, and a little media blitz helps too.

Good for them! Gaming the system to make a buck and help their employees at the same time. But this is not sheer altruism at work.

Comment: Re:That's why nobody sensible wants them (Score 5, Insightful) 223

by RenderSeven (#48988341) Attached to: US Health Insurer Anthem Suffers Massive Data Breach
It wont stop until we start arresting the CIO's for being complicit in the breaches. My 10-year-old kids get it - "it may not be your fault but its your responsibility" - so why do overpaid do-nothing executives get a free pass when they utterly fail at their job?

Comment: Re:Yes meanwhile.. (Score 1) 167

by RenderSeven (#48988245) Attached to: Google Quietly Unveils Android 5.1 Lollipop
On Nexus 5 (2x) and Nexus 10 tab. I let Google push Lollipop onto the tablet and have regretted it every day. Its buggy (all sound is disabled if you connect the charger unless you reboot), laggy, slow, and they deleted their decent email client and force you to us their crappy gmail client to access non-gmail accounts. Gadgets dont sync up properly anymore. I wont upgrade the Nexus 5's, probably ever, and they pop up reminders every 30 seconds to install 5.01 and 5.02 and cant be disabled. Im a HUGE fanboi but Google needs to add an update setting "I dont want your shitty release until you get your act together". Its their FLAGSHIP devices for chrisake, there is NO EXCUSE.

Comment: Re:Arduino + C (Score 2) 68

by RenderSeven (#48694111) Attached to: Ask Slashdot: Best Wireless LED Light Setup for 2015?
There is a HUGE difference between blinking one LED, and running a light show with 1000's of LED's over a wireless link., or any link for that matter. I could do it with an Arduino, or a PIC, or a Raspberry, a Beowulf Cluster or anything else. And build the banks of addressable power relays, work out the wireless protocols, the addressing discovery system, macro language for syncing it with music, and ... whatever. A lot of work. Not even in the same time zone as flashing an LED using Arduino GPIO. Trivial as that is, or as capable as Arduino is, its hardly the 'off-the-shelf' answer TFA was clearly looking for. There may be an Arduino-based answer, but neither the GP or the blinker tutorial was it. The GP's -1 off-topic was clearly deserved.

Comment: Re:online DVD rental service (Score 2) 42

by RenderSeven (#48692555) Attached to: Aereo Gets OK From Bankruptcy Court To Auction Technology Assets
I think it sounds like a good idea, and I'd be your first customer. Then again, I thought Aereo was a good idea too, and on solid legal ground as well. I'm dumbfounded the courts shut them down, but given that they did it seems pretty clear they will shut down whatever derivative or similar business model you come up with, on whatever technicality they can get to stick. It would seem that legality or common sense or "public benefit" doesnt play as much as a role as we would like to imagine.

If it's working, the diagnostics say it's fine. If it's not working, the diagnostics say it's fine. - A proposed addition to rules for realtime programming

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