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Apple Sues Employee Over Cube Leaks

Carnage4Life writes:"Apple has found out the employee who leaked pictures of the PowerMac G4 Cube. So Apple has modified its original lawsuit against "unknown individual" for leaking trade secrets and changed the name to that of the employee in court filings. So as not to embarass any employees with the same name Apple has not revealed the employee's name as at now."

168 comments

  1. Ironic by PingXao · · Score: 1

    "We're suing you for millions.... but we don't want to embarass you". Any doubt as to why Apple seems to be such a schizophrenic company and has had a hard time finding its way? Some vision.

    1. Re:Ironic by clifyt · · Score: 2
      Dude, ya misread the shit. They don't want to embarrass other employees with the same name as it looks to be a rather common name.

      Macnn refers to this guy as Juan Gutierrez.

      clif

    2. Re:Ironic by Synocco · · Score: 2

      C/Net chose not the identify the individual in the article. It wasn't Apple's decision.

    3. Re:Ironic by Reggyt · · Score: 1
      I agree. Whats the point in changing the name so as to not embarrass other ppl with the same name. Now they may have embarrassed all employees who consider themselves to have a common name.

      You can't embarrass the innocent. Apple should have handled this internally anyways.

      --
      "Common sense is nothing more than a deposit of prejudices laid down in the mind before you reach 18" Einstein
    4. Re:Ironic by Rader · · Score: 1
      No, no, no... They don't want the guy embaressed, and leak his name because then all his friends and family would find out that he works at Apple!*shudder*

      Rader

    5. Re:Ironic by goodhell · · Score: 1

      They just think differently. Remember????

    6. Re:Ironic by TygerFish · · Score: 1
      Irony is not the operative concept here, nastiness is. Except for making an example of some poor bastard who displeased Apple's management (read, Steve Jobs), there's zero reason behind this action.

      While searching for irony consider that if crap like this had come out of Redmond instead of Cupertino, Macweenies would take to the streets to condemn it.


      To mail me, remove the 'mailno' from my email addy.

      --
      To mail me, remove the 'mailno' from my email addy.
      "Yeah. It smells, too..."
    7. Re:Ironic by Darchmare · · Score: 2

      How exactly do you handle tracking down someone with a subpeona 'internally'? If you can't track the person down, how exactly are you going to reprimand them?

      Apple had to go to the courts just to find out who the guy was.


      - Jeff A. Campbell
      - VelociNews (http://www.velocinews.com)

      --

      - Jeff
    8. Re:Ironic by Darchmare · · Score: 2

      No we (if by 'macweenies' you mean Mac users) wouldn't. If a person signs an NDA and violates it, they deserve whatever comes down on them. They didn't have to sign it, did they?

      As for Microsoft, given that most of their ideas comes from other companies, an NDA there would seem a bit redundant. I guess they could protect implementations, but you usually get a strong whiff of their vapor long before any actual product ships.

      - Jeff A. Campbell
      - VelociNews (http://www.velocinews.com)

      --

      - Jeff
    9. Re:Ironic by Octal · · Score: 1

      Wasn't Juan Gutierrez the villian on Freakazoid! You know, the guy who's voice was done by Ricardo Montoban?

  2. Correct Link. by einstein · · Score: 1

    Correct link is Here
    ---

  3. Yahoo Link by mincus · · Score: 1

    That link didnt work for me.... the Yahoo article is located at

    http://dailynews.yahoo.com/h/cn/20000828/tc/appl e_identifies_employee_as_alleged_source_of _leaks_1.html

    .mincus

  4. Gee by Fervent · · Score: 2
    Gee, how caring of Apple not to "embarrass employees of the same name" by citing some unknown individual in a trade secret lawsuit.

    And how considerate to bring it out on a nationwide stage in the judicial system, instead of dealing with it internally. And to ground rumor-leaking as a penalty by death in the religious Apple cult.

    Please. ;)

    The above post was sarcastic. Macaddicts, please take your tongue and place it back in your cheek.

    --

    - I don't care if they globalize against free speech. All my best free thoughts are done in my head.

    1. Re:Gee by pluteus_larva · · Score: 2
      Actually, that's not quite right. (Slashdot got it wrong.) If you read the story, you'll see that it was News.com's decision not to publish the name because Apple wouldn't confirm that there wasn't another employee with the same name. If you ask me, it's a strange editorial decision. Usually the only names kept out of stories are those of rape victims, minors accused of crimes, and the like. I've never heard of a name kept out of a story because someone else might have the same name. As far as I know there are no journalistic ethics guidelines about this situation.

      --

    2. Re:Gee by arivanov · · Score: 2
      Usually the only names kept out of stories are those of rape victims,

      You forgot cult victims here. Scientology, Moon, etc. So CNET is just following its own rules. The so called "The Holy Fruit Cult".

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    3. Re:Gee by Elvis+Maximus · · Score: 2

      Perhaps the name is John Smith or something similarly common.

      -

      --

      -
      Give me liberty or give me something of equal or lesser value from your glossy 32-page catalog.

    4. Re:Gee by 0xdeadbeef · · Score: 5

      It is simply spin control, because the person's name is....

      STEVE JOBS!

    5. Re:Gee by Digital+3 · · Score: 2

      I don't know if anyone has posted this yet, so I thought I would just hide the info in a reply (in case I'm given a low score for being redundent), but if you go to http://www.maccentral.com/news/0008/29.lawsuit.sht ml, maccentral has identified the person's name which is Juan Gutierrez.

      --
      "You've baked a beautiful cake... But you used dog sh*t for frosting." -Steve Jobs
    6. Re:Gee by arivanov · · Score: 1

      I know that I am not. I have a cult follower in the house. Not a very rabid one but with an already deformed thinking.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    7. Re:Gee by Mr.+Barky · · Score: 2

      Apple didn't know who the person was. Given the fact they were determined to find out who it was, they needed to file a lawsuit in order to subpoena Yahoo. There was no other way they could accomplish their goal. They couldn't deal with it internally since they didn't know who to deal with.

  5. The Leak by Luminous · · Score: 1
    Reporter: So can you get me a line on what the new Mac is about?

    Mac Employee: Uh, it's supposed to be a secret. I've signed NDA's and stuff.

    Reporter: Okay, okay, I understand. What can you tell me about it? Anything? Color, size, shape?

    Mac Employee: Well, it's a cube.

    Reporter: No, duh. All computers are, except the sleek IMAC. Are saying the new G4 is going back to squaresville?

    Mac Employee: I've said too much. I gotta go.

    Reporter: Yeah, great, great story kid. Mac builds a Cube.

    --
    This is not the way to build a lasting empire.
    1. Re:The Leak by PeelBoy · · Score: 1

      You forgot the part where he gave the reporter pictures...
      -----------------------

  6. Hm by Anonymous Coward · · Score: 3

    I think the employee's name is pronounced screwed.

    1. Re:Hm by linzeal · · Score: 1

      Wouldn't it be jobbed as in steve jobs?

  7. Led to the slaughter by Jon_Sy · · Score: 1
    Talk about a sacrificial lamb...some poor schmoe violates a fluffy nondisclosure stipulation, puts - horror of horrors - photos up on the web, and in the process makes waves and waves of publicity for Apple. What happens? We have a martyr on our hands, of course.

    What i'd like to see is some sort of follow-up on this employee...if anyone spots this person on a 10-year island getaway, then that's a pretty good indication of a set-up stunt.

    You hear that, Mr. Leak? You'd better be living a miserable life now, or you'll be sorry... ;)

    -j

    1. Re:Led to the slaughter by Jon_Sy · · Score: 1
      note: Yes, i was making a big assumption. it was light-hearted, my mistake...i don't honestly believe with any sort of conviction that Apple decided they needed publicity desperately so they engaged an employee to 'fake' a leak in order to generate all this hoopla and have people wonder about this magical new Cube.

      In this case, he would in fact, be a martyr for the Jobs cause.

      As for the other stuff here, i absolutely agree that if you've signed an NDA, you better be ready when the heat comes down after you spill the goods. That's just a matter of principles. What surprises me is that companies put faith into these NDAs, knowing there will always be some knob who breaks the agreement anyways...if you leave a Ming vase with a 3-year-old before you go to work, you're a fool to be angry when, hours later, your kitchen is covered in once-priceless slivers of blue and white porcelain.

      Anyways, for something substantial to read, check out another post of mine that i somewhat like...my sympathies to you, Mr. Leak, whatever your circumstances.

      -j

  8. Gee... by csmacd · · Score: 1

    Wonder what they would have done if this employee leaked *those* pictures of the boss.....

    It's not like this employee was giving the machines away or anything....It's still the coolest-looking machine around...

    --
    Don't pick up the pho*(@)$*@&@!@ NO CARRIER
  9. The Onion saw this coming! by mwalker · · Score: 3

    The Onion saw this coming!
    Apple Employee Fired for Thinking Different!

    I've heard that's a great way to build confidence within the ranks, just sinlge out a few employees and rape them. Worked for Stalin!

    1. Re:The Onion saw this coming! by Richy_T · · Score: 2
      Aw heck, it's obvious he just got fired for being a beardy git :)

      Rich

  10. Apple's Cube Leaks by Slashdot+Cruiser · · Score: 1

    Apple's Cube leaks are nothing compared to the Slashdot Cruiser's oil leaks.

    Plus you won't look like a total dork driving an Apple Cube.

    --

    Got a full tank of hot grits and a penis bird in the glove box.
  11. New Apple phrase? by Doctor+Fishboy · · Score: 1

    So they're changing it to....

    "Sue differently."

    1. Re:New Apple phrase? by AbbyNormal · · Score: 1

      Yep. New saying: "As American as Apple Sueing!"

      Disclaimer: Apple Corp, is a registered/copyrighted/happily married/friendly/ trademark of Apple Corporation. All rights reserved to sue you.

      RATM...the machine is Apple

      --
      Sig it.
  12. Sue for what? by Policetape · · Score: 1

    We can all see obviously that apple is pissed about their secrets being leaked out because they anounced them officially.
    The thing I wonder is, what the hell are they going to sue this guy for? It's not like he caused and damage to the company. He didn't stop people from being excited about the new products, in fact he probably made people even more interested. He certainly didn't cause apple to lose and revenue from spoiling the secret. So he really cause them no damage, so what on earth is apple expecting from him, money?

    Apple doesn't seem to be any better than Microsoft these days.

    Can't wait to go buy me M$ Linux

    1. Re:Sue for what? by funkman · · Score: 1
      If employees start leaking information before official announcements, the following can happen:

      The competition can get a jump start on developing a spin strategy to say the competitino's new product is crap

      The competition can get a few days advance notice and come up with a similar product announcement (possibly before the official product announcement of the competition)

      Stock prices can quickly rise and fall based on the secrets of insiders being let out. The SEC doesn't like this kind of thing.

      So letting out secrets early can drastically impact a company.

    2. Re:Sue for what? by Policetape · · Score: 1

      Ok, ANONYMOUS COWARD you seem to have missed the point. Leaking company sectrets like "Apple is coming out with a new kind of Laptop" is not going to cause apple and sort of problems. Maye if he was leaking out top secret memoes that had some sort of bearing on anything.

      I'm not saying that he should be punished, or that what he did was right, but I am saying that I can't see Apple actually getting anything out of this lawsuit against him because he reall didn't hurt them at all.
      Get the point ANONYMOUS COWARD. Dummy

    3. Re:Sue for what? by Ian+Wolf · · Score: 1

      Don't forget stealing Steve Job's thunder really pisses him off.

      p.s. I agree with you wholeheartedly, I just think suing the guy is a bit over the top, when they could simply fire him.

      --
      "The words of the prophets are written on the Slashdot walls."
    4. Re:Sue for what? by SirGeek · · Score: 1
      If employees start leaking information before official announcements, the following can happen:
      • The competition can get a jump start on developing a spin strategy to say the competitino's new product is crap

      Somehow I don't think 24 hours is going to give a company much of a chance to create their spin control...
      • The competition can get a few days advance notice and come up with a similar product announcement (possibly before the official product announcement of the competition)

      If they were that close, what would it matter ? They would KNOW that Steve Jobbs/Crapple would release something at the trade show...
      • Stock prices can quickly rise and fall based on the secrets of insiders being let out. The SEC doesn't like this kind of thing.

      Why ? They released photos of a new product line, not the secret manufacturing methods or the planned merger with Snapple to produce a new line of flavored computers...
    5. Re:Sue for what? by Fist+Prost · · Score: 1

      The competition can get a jump start on developing a spin strategy to say the competitino's new product is crap

      How about the competition getting a jump start on their own bag of lawyers to start swinging when they find out that the design is remarkably similar to one of their own.

      --

      Fist Prost

      "We're talking about a planet of helpdesks."
      -Jaron Lanier
    6. Re:Sue for what? by MentlFlos · · Score: 1
      Why ? They released photos of a new product line, not the secret manufacturing methods or the planned merger with Snapple to produce a new line of flavored computers...

      LOL!
      gives new meaning to "Mine's grape!"
      ---------------------------------------
      The art of flying is throwing yourself at the ground...
      ... and missing.

    7. Re:Sue for what? by Refrag · · Score: 1

      They couldn't just fire him, because they needed to file a suit against a John Doe in order to get the subpoena to have Yahoo release the information on worker bee.

      Of course, I'm confused as to why the suit wasn't placed against "worker bee" originally.


      Refrag

      --
      I have a website. It's about Macs.
  13. Let me get this right... by grahamsz · · Score: 1

    Instead of having a lawsuit against an unknown individual they are going to have one against an unnamed individual.

    Sounds very much to me like they haven't got the faintest idea who this person is and they are just hoping to spot someone looking a bit edgy round the office.

    1. Re:Let me get this right... by acaben · · Score: 1
      >Instead of having a lawsuit against an unknown individual they are going to have one against an unnamed individual.

      Actually, the individual has been named. His name is Juan Gutierrez, and he's now in the court documents. News.com evidently doesn't have enough backbone to print the name, for whatever reason. But, you can find it at MacSlash.
      --

  14. Hmm by Cloud+K · · Score: 1

    Apple scowls at you, ready to attack -- looks like they would wipe the floor with you! Better not get on the wrong side of them. The cube may have been more or less finished (and getting people drooling probably _helped_ Apple more than anything else) but an NDA is an NDA and breaking one pleases no company :)

  15. not embarrassing employees with the same name? by aozilla · · Score: 1

    So instead Apple embarrasses every Apple employee with a common name. Err, something.

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  16. Example by jjr · · Score: 1

    Apple wants to make an example of this guy so other employees would not make the same mistake

    1. Re:Example by baywulf · · Score: 1

      "Apple wants to make an example of this guy so other employees would not make the same mistake" ...of working for them? Seriously speaking, I don't think something like this will help employee morale or make people want to join the company with a witch hunt like this. They could have done it more discritely?

    2. Re:Example by Cannonball · · Score: 2

      Well, the secrecy of Apple's upcoming projects is becoming incredibly important to them. So they made an example of this guy for breaking his contract with them. Yes, chance are, his contract included a Non Disclosure Agreement (whose contracts lately haven't?) and he broke it. I say fry him.

      --
      So there I was. Naked. In a refrigerator. With a potroast on my knees. Smokin a cigar. That's when it got REALLY weird.
  17. More leaked apple stuff... by grahamsz · · Score: 5

    I can now exclusively disclose some exciting features about apples forthcoming laptop:

    It will not be beige in colour
    It will be smaller than a convential desktop
    It will have a colour screen
    It will run off exclusively designed lightweight batteries, and an optional powersupply
    It will not come with Windows preinstalled
    The device will have a non-typical texture
    It will be easy to use
    It will quite possibly be shiny
    It will quite possibly have rubbery bits

    sue me :)

    1. Re:More leaked apple stuff... by tcc · · Score: 1

      In Canada, we won't even bother calling you. :)

      --
      --- Metamoderating abusive downgraders since my 300th post.
  18. The Name of the Employee revealed at MacSlash by MacSlash · · Score: 4
    Check out the MacSlash story today for the full report, including the name of the Apple employee, Juan Gutierrez. Our sources are trying to determine whether Gutierrez still works for Apple and what his position in the company was. Stop by and post your comments.

    --

    --

    --
    MacSlash: Your Daily Dose of Mac News and Discussion.

    1. Re:The Name of the Employee revealed at MacSlash by jafac · · Score: 1

      FYI; Juan Gutierrez is pretty much the "John Smith" of the Hispanic world. In fact, Juan==John. In fact, there are TWO Juan Gutierrezes in my company (not Apple.)

      if it ain't broke, then fix it 'till it is!

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:The Name of the Employee revealed at MacSlash by AviN · · Score: 1

      The name "Juan Gutierrez" is an Apple trade secret. I smell a lawsuit.

  19. When you cut one in half you'll see a star... by AntiPasto · · Score: 2
    Apple really needs to deal with this internally. I cannot believe that at the very least they just fire the individual. What do they expect to gain?

    I know that it's imparitive in marketing/corporate image to make sure that you have control over materials and products. I know that its imparative that a leak *could've* done harm (heh... like MS/Unix from another article today)... but geez... just pictures?

    I believe that this is more a policy gone awry. I don't doubt to see some sort of mercy statement at a later date... probably from Jobs himself.

    ----

    1. Re:When you cut one in half you'll see a star... by happystink · · Score: 2
      If you sign a form saying you won't give away secrets, and then you do and get caught, why would the company feel bad for you? If you think it's so wrong to not be allowed to give away company secrets, you simply shouldn't have signed the form to begin with. This leak itself may not have caused Apple tons of harm, but if all their surprises got leaked, it WOULD harm them financially. Less surprises = less press. Less press = less sales.

      Besides, this guy did not just mention the cube to his brother in law or something. He posted pictures of it to a website and then alerted the rumor sites to it! He went way out of his way to be sneaky about this, and if he gets sued it is 100% his own fault.

      sig:

      --

      sig:
      See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    2. Re:When you cut one in half you'll see a star... by sig226 · · Score: 1

      Apple really needs to deal with this internally. I cannot believe that at the very least they just fire the individual. What do they expect to gain?

      How about no further leaks, Apple is going to sue
      the employee, his wife, his children, his parents,
      his friends, all very public.
      They don't have to even win, this is simply a case
      of making an example of 1 employee. Want bet there
      will no further leaks?

  20. Consideration... by KFury · · Score: 4

    They don't want to embarass any employees with the same name, so they're not releasing it? Fat lot of good that does John Doe! His name has been dragged through the mud enough already! He's been sued several thousand times, got amnesia more times than he cna remember, but nobody ever keeps John's name out of the press to protect his feelings!

    Kevin Fox

    1. Re:Consideration... by WinDoze · · Score: 1

      Not a problem anymore - I heard they found him dead in New York City last night.

    2. Re:Consideration... by Blake · · Score: 1

      And that Alan Smithee guy, man does he ever make crappy movies! I'm amazed that people continue to hire him!

      Later,
      Blake.

  21. god by happystink · · Score: 4
    i love this, even though the article plainly states that CNET are the ones not publishing the employee's name, the slashdot wrapup doesn't say that and everyone jumps on Apple.

    Read the article before trying to get your posts in guys, it won't slow you down too much on your quest to be the first one to bash whatever corporation is involved no matter what the story is.

    sig:

    --

    sig:
    See the "..for smart people" banners Wired runs here? Look elsewhere guys.

    1. Re:god by 64.28.67.48 · · Score: 2

      I put at least some of the blame on Hemos:
      From /. : "So as not to embarass any employees with the same name Apple has not revealed the employee's name as at now."

      And the actual article:
      "Although Apple named the worker in a court filing, News.com chose not to publish the name because Apple would not confirm whether he is the only employee with that name. An Apple spokesperson also would not say whether the defendant still works at the company."

      It makes you really wonder if /. or people who comment bother to read the article in the first place.

      -------------

      --

      -------------
      The truth is out th- oh, wait, here it is...
  22. Re:Real Industry Leadership by undo · · Score: 1

    excuse.... how is apple gaining success here? it's not like they are sueing over any kind of tech issues like patents or copyrights, they're sueing somebody for violating a contract that told them to keep their mouths shut. Apple is still twice as innovative as very nearly every other manufacturer out there, in fact this is theire attempt to keep people from ripping them off as quickly as they are....

  23. Hmmmmmmmm by PeelBoy · · Score: 1

    Some of you people actually feel sorry for this guy? Like he did no wrong? How many companies have you worked for where they actually -liked- it when you leaked confidential information? Seriously?! It doesn't matter if -you- personally don't think it was that big of a deal. The only thing that matters is that it was confidential information and the guy illegally leaked it to the public. Anybody in any company would get fired and/or sued for this. End of story.
    -----------------------

    1. Re:Hmmmmmmmm by delysid-x · · Score: 1

      Who HASN'T leaked confidential information?

      "I'm working on this great new project at work..." "My boss makes 120K"

      This guy must have been an idiot though. How hard is it to leak some images and not leave a trail?

    2. Re:Hmmmmmmmm by PeelBoy · · Score: 1

      lol you know what I mean..

      "This guy must have been an idiot though. How hard is it to leak some images and not leave a trail?"

      I guess he probably didn't think they would be smart enough to find out he did it, so go through extra trouble to keep your self from being caught?

      Or maybe apple has pretty tight security when it comes to confidential projects?

      Anyway.. I can understand leaking some information, but there is a point that you just shouldn't go beyond. (ie: Doing something that could cost the company a few million/billion dollars and a years worth of work down the drain..?)
      -----------------------

  24. ".. not embarass employees with the same name?" by Anonymous Coward · · Score: 1

    So Apple is withholding the leak's name in order to prevent embarassing other employees with the same name? I've got a friend who works at Apple. His name is Skye Clayton Bluggersmith.

    He's probably not the leak.

  25. 1984??? by Autonomous+Crowhard · · Score: 2
    Gee... I guess Jobs got sick of all of us thinking that it was Gates on the screen in that commercial.

    Nice, brave new world ya got there Steve.

    Instead of embrace, expand, extinguish we just have innovate, investigate, incarcerate.

    1. Re:1984??? by Ryano · · Score: 1

      On a point of information, at the time that ad came out (1983), the Big Brother figure was IBM, not Microsoft.

    2. Re:1984??? by Darchmare · · Score: 2

      And you expect Apple just to sit back and let rogue employees blab on?

      The guy didn't have to post that stuff to rumor sites. He did, and knew full well what would happen if he didn't. He should take responsibility for his actions.


      - Jeff A. Campbell
      - VelociNews (http://www.velocinews.com)

      --

      - Jeff
  26. I know the mystery employee. by KFury · · Score: 4

    He's my cube-mate, John Jacob Jingle-Heimer Schmitt. I tell ya, whenever he goes out there's confusion and shouting...

    Kevin Fox

    1. Re:I know the mystery employee. by Anonymous Coward · · Score: 2

      Hey, wait a minute! His name is my name too!

      What are the chances?

    2. Re:I know the mystery employee. by cygnus · · Score: 1

      i'm laughing really loudly right now. that's the funniest thing i think i've ever read on slashdot. no, really!

      --
      Just raise the taxes on crack.
  27. hmmm... by mirko · · Score: 2

    Just a question.
    If it were just some kind of disguised advertising ?
    People spoke more about the Cube because of this stupid story than if they have had to wait until some announcement, no ?
    Ok, there's a suit but then ?
    Put a camera on a guy's desk, then ask a journalist to harass him and you'll have all the leaks you officially didn't want.
    --

    --
    Trolling using another account since 2005.
    1. Re:Hmmm... by hiryuu · · Score: 1
      For all of you who are siding with the employee concerned - don't bother. If you're ever called upon to sign an NDA, you can make that decision for yourself, just as he did. He decided to sign it; he decided to breach it. His fault.

      Agreed. I think the majority of the /. audience here has at least a passing familiarity with NDAs and Ip contracts, and it's probably a safe bet to say that a vast portion of them have signed one with a current or previous job. How many of that last portion of people actually read the agreement? Kept the details in mind? Struck out portions you didn't agree with, or refused to sign altogether?

      These agreements might make business sense for the employer, but for the employee, they can be downright draconian. Still, the instant you sign it unaltered and hand it over, you lose rights and absorb a great deal of liability. Mr. Gutierrez (sp?) has provided us with an excellent example of when to be careful.

      (Please note that I don't agree with the actions Apple has taken, nor their stance on the whole mess. My opinion is that he shoulda seen the train comin' down the tunnel.)

      --
      Karma: Excellent, but still won't get you laid.
    2. Re:Hmmm... by SPYvSPY · · Score: 1

      Doesn't matter if it's a criminal case or civil. If a court orders you to turn over documents, then you turn over the documents. It's not Apple that's forcing Yahoo to turn them over, it's the court that granted Apple's motion to compel.

    3. Re:Hmmm... by kurokaze · · Score: 1

      Yahoo didn't just "roll over" for a coporation. They were ordered to relinquish the name by the courts.

    4. Re:Hmmm... by Jeff+DeMaagd · · Score: 1

      For products that are in development, I understand that companies need to do what they can to protect their secrets until the product is released. For one thing, products that are in development may have feature changes before being released.

      I believe Apple is going too far, but I really don't have enough info to make an intelligent stand.

    5. Re:Hmmm... by Shaheen · · Score: 2

      Note that a judge ordered Yahoo! to release information on the person. They did not do it entirely "just because Apple asked"

      --
      You should never take life too seriously - You'll never get out of it alive.
    6. Re:Hmmm... by kd5biv · · Score: 1
      What we should really be concerned about is the willingness of Yahoo to roll over for a corporation. If you went to them and said, "I want to know all the info you have on this person", they'd tell you to buzz off. Why is a corporation treated differently? In fact, this isn't even a criminal case; it's a civil suit, so it's not obstruction of justice to not release the necessary info.
      If you went to them and said, "Hello, I'm John Dewey from Dewey, Cheatham, and Howe, and we are representing XYZ Inc. in a legal action against one of our former employees who may have used your system to commit a breach of contract against us -- can you send us a copy of your server logs from thus-and-such a date, and include information on the user or users that posted this? We could subpoena, but it would be such a hassle for everyone involved .. you know how it is ..", I'm sure the response would be a lot more favorable. Yahoo isn't that stupid ..

      --


      73 de N5VB (ex-KD5BIV) AR SK
  28. The lawyers are winning by Tyrannosaurus · · Score: 2
    Lately it seems that 1 out of every 3 articles on /. involves some sort of litigation. It's a shame that News for Nerds and Stuff that matters all seems to revolve around the courtroom.

    Lawyers no longer chase ambulances - it seems they now chase geeks.

    ---

    --

    ---
    Gort! Klatu Barata Nikto!
  29. Doesn't make sense by funk_phenomenon · · Score: 2
    I can't find out who leaked important documents at a reputable, international company like Apple, but I can find out who was picked up in St. Paul for engaging in prostitution . What's with that?

    Even the samurai
    have teddy bears,
    and even the teddy bears

    --

    Even the samurai
    have teddy bears,
    and even the teddy bears
    get drunk

    1. Re:Doesn't make sense by Elvis+Maximus · · Score: 2

      I'm sure these guys are real happy to be Slashdotted.

      I would have thought that a 1986 Chevrolet Celebrity would be a babe magnet. Go figure.

      -

      --

      -
      Give me liberty or give me something of equal or lesser value from your glossy 32-page catalog.

  30. [OT]Flame by AbbyNormal · · Score: 1

    In the US we call people like you....Drunk.

    --
    Sig it.
  31. Why always Yahoo? by Hobbex · · Score: 3


    This must be hundreth time that somebody who posted leeks "anonymously" got caught because Yahoo turned over their personal identification. One would have had to live with one's head under a rock not to know that Yahoo can't be trusted for shit. So why do these idiots keep doing it so that they can get caught??

    There are ways of staying more or less anonymous on the web, or at least making things dificult for would be censors. This ranges from submitting to a site that at least has a good track record (such as Slashdot) to going through a rewebber like Anonymizer, to using a true Anonymity service like ZKS Freedom or posting to the Usenet via a Mixmaster remailer.

    It's hard to feel sorry for somebody so stupid that they thought not having their name on the post was enough to stay anonymous...

    1. Re:Why always Yahoo? by KuRL · · Score: 2

      Fair point, except wasn't it Yahoo! that refused to stop the sale of subversive texts on its auction site because some country (France?) asked them to?

  32. Unknown Individual Revealed! Another /. Scoop by ackthpt · · Score: 3

    I have it on the best authority that the name of the previous "Unknown Individual" is **%%***}@#***%****}}****)***%*********ause Ellison thought the Apple | Microsoft connetion was too***%*%%***}}}}}****&**}}****}***@*ccording to KGB files, which were foun***}}}***%%#$$}}}@@*****!****.}***exican Mafia was paid off by someone in Arthur C. Cla****%%***ASA/FBI underco*}}}}}}***}}}******001 Space Odessy really! If you don't believe me, look at those picture of Europa ag*******}}}*****$****ven Jobs really is an ali*****%%}}}}******* Cubes will hatch****}}}}***%%%%****%*}}}******laving the entire human race.

    There you have it. Now I gotta go get another modem this one's fu*%%}}

    Vote Naked 2000

    --

    A feeling of having made the same mistake before: Deja Foobar
  33. Come on /.: proof read by Malc · · Score: 2

    "Apple has not revealed the employee's name as at now."

    1. Re:Come on /.: proof read by ackthpt · · Score: 2

      Spellchecking is for Humanities majors, not CS ;-)

      You can have good looking code which crashes or ugly looking code which runs good.

      Vote Naked 2000

      --

      A feeling of having made the same mistake before: Deja Foobar
  34. Cube an Embarrasement to Apple... by pete+fotheringham · · Score: 1

    Talking about embarrasing... what the heck is Apple doing introducing the "Cube" anyway? The company was doing fine when it had four VERY DEFINED seperate products to match different markets.

    What are they going for with the Cube? The 'less-than-dual-G4-but-more-than-G3" market? You'd think they'd focus their efforts elsewhere... but no. Jobs and his damn cubes...

  35. Door #1, #2, or #3? Pick your poison... by setec · · Score: 1
    Door 1: Apple kills morale by installing the thought among their employees that they could get sued. Door 2: Apple scares the hell out of employees by installing the thought that they could get sued. Door 3: Both things happen. Uh, is there ANYTHING good at all that could come out of this?

    ================

    --

    ================
    Microsoft is not the answer, Microsoft is the question. The answer is "no".

  36. torn by fleck_99_99 · · Score: 2

    I can agree with the majority of posts here, in that I don't see what Apple can possibly gain from this action. That aside, though, this employee DID sign a non-disclosure, and that IS a legally binding contract. It's not up to Joe Cubicle to decide what information is strategically important to the company, and even such a bizarre entity as Apple has to bring out the stick instead of the carrot if people are going to follow their rules.

    But.. I know this is repetitive, but what can they possibly gain? Bad PR, and they can't sue for any significant amount of money (or they can sue, but if this is just a Joe Cubicle, they won't get it)...

    --
    seven two six five
    seven four six one seven
    two six four two e
    1. Re:torn by setec · · Score: 1
      They definitely should have gone the "internal reprimand" route...

      ================

      --

      ================
      Microsoft is not the answer, Microsoft is the question. The answer is "no".

  37. The name: From go2mac by KFury · · Score: 2

    According to go2mac, the guy is Juan Gutierrez. Somehow I doubt there's more than one at Apple. More likely they don't want anyone rallying support around a martyr, and that's harder to do if you don't know your martyr's name.

    "Free Juan!"

    Kevin Fox

    1. Re:The name: From go2mac by Chris+Hind · · Score: 1

      Surely the cry would be "Free the Apple Juan!"?

      --
      nal 11
  38. Hmm, Guess I Won't Invest In Apple by John_Booty · · Score: 1

    I was going to invest in Apple, but since they say "The protection of Apple trade secrets is incredibly important to our success"... and they obviously aren't very good at doing that, I guess they're not gonna be successful.

    I'll go invest in a new company that can't be sunk by one big-mouthed employee... ;-)

    --

    OtakuBooty.com: Smart, funny, sexy nerds.
  39. umm who cares? by Desdinova77 · · Score: 1

    I dont see why this counts for a full story. There is no info of any impact to anyone but the unnamed employee and I'm sure he didnt have to find it on Slashdot to hear about it. We really should save the updates for information tha has some kind of use.

  40. Cube an Embarrassment to Apple... by pete+fotheringham · · Score: 1

    Talking about embarrassments; Why is Apple introducing the cube anyway?? The company had a much better strategy when they focussed on four separate marketing targets, and had one product for each of them!

    What market are they trying to reach with the cube? The "less-power-(but-same-cost)-then-dual-G4-but-(more -costly-and)-more-powerful-than-G3" market or the tiny-desk market... because I don't see a future in that (read: I no longer own Apple stock).

    It's all Jobs and his damn boxes.

    don pedro

  41. Apple Is In The Right by tealover · · Score: 4

    The employee violated a NDA. The employee was a sneaky bastard while violating the NDA. He did it under an assumed username and made posts to several forums. The employee obviously knew that what he was doing was in violation of the NDA.

    I suspect this employee has learned a valuable lesson.

    --
    -- You see, there would be these conclusions that you could jump to
  42. His name is Juan Gutierrez by macdaddy · · Score: 1
    I submitted this to /. earlier this morning but it appears they didn't use it or look at it for links. Here is the original scoop on the deal by the guys at MacCentral.

    Like I said when I submitted it, if Steve had been more pissed about this major leak than they were about ATI fsckup, my new dual-500 G4 that I'm typing this on might have a nice Radeon instead of last year's crummy video card. Grrrrrrr.....

  43. Re:Ironic--not by Anonymous Coward · · Score: 1
    "You can't embarass the innocent"? I hope you never have the chance to run a big corporation, or worse, a government agency. More to the point, I hope you never wind up on the receiving end of a false assumption of guilt in a serious matter. I've been there, and it isn't fun.

    Apple suing one of their own employees like this is about as stupid as things get, but not mentioning the name for the reason cited (whether it was Apple, c|net, or whomever that did it) is just being responsible, IMO.

  44. Hmmm... by BJH · · Score: 5

    For all of you who are siding with the employee concerned - don't bother. If you're ever called upon to sign an NDA, you can make that decision for yourself, just as he did. He decided to sign it; he decided to breach it. His fault.

    What we should really be concerned about is the willingness of Yahoo to roll over for a corporation. If you went to them and said, "I want to know all the info you have on this person", they'd tell you to buzz off. Why is a corporation treated differently? In fact, this isn't even a criminal case; it's a civil suit, so it's not obstruction of justice to not release the necessary info.

  45. Can someone delete this please? by pete+fotheringham · · Score: 1

    Browser Hick-up / IExplore error (yeah. I know. Serves me right.) Can this message be deleted, please?

  46. typical by stokessd · · Score: 1

    It's this sort of crap that makes me sad that I'm an occasional Mac user. This is just another in a series of marketing / PR blunders that apple has done over the past decade or so. No good can come out of this. At this point Apple is selling machines of that nature (the cube and the non-imac models) to the converted. Knowing about the machine a day or so early doesn't do anything to the sales of those machines to people who are already going to buy another macintosh. Personally, I find the Keynote speaches to be longwinded and "pipedreamish". I give two shits about a new style sherlock find application with candy looking buttons, I want a stable OS that has modern memory management and real multitasking, and I want it 8 years ago. There is a phrase that decribes Apple to a tee:

    The are very deft at snatching defeat from the jaws of victory.


    Sheldon

  47. Apple *did* name employee by maggard · · Score: 3
    Once again /. misreported. Here's the News.com report that /. used for it's source:
    Although Apple named the worker in a court filing, News.com chose not to publish the name because Apple would not confirm whether he is the only employee with that name. An Apple spokesperson also would not say whether the defendant still works at the company.
    and here's /.'s article:
    Apple Sues Employee Over Cube Leaks Posted by Hemos on Tuesday August 29, @09:54AM from the going-after-their-own dept. Carnage4Life writes:"Apple has found out the employee who leaked pictures of the PowerMac G4 Cube. So Apple has modified its original lawsuit against "unknown individual" for leaking trade secrets and changed the name to that of the employee in court filings. So as not to embarass any employees with the same name Apple has not revealed the employee's name as at now."
    As it makes clear the person was named but due to the possibility of slandering other Apple employees with the same name News.com declined to reprint it - Apple in no way tried to supress it.

    Boo to /. for once again getting the news wrong and double-boo to all of those who once agin posted without bothering to look up the material for themselves.

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
    1. Re:Apple *did* name employee by Rhesus · · Score: 1

      Boo to /. for once again getting the news wrong and double-boo to all of those who once agin posted without bothering to look up the material for themselves.

      The scary part is when you apply that attitude to free software. Slashdot publish articles about some new *secure* applications. Thousand readers then post to brag about how safe is open source, without bothering to look up the code for themselves. Until one truly expert scrutinises the code and find a critical backdoor.

  48. From dictionary.com by kwsNI · · Score: 2
    Martyr, one who sacrifices his life, his station, or what is of great value to him, for the sake of principle, or to sustain a cause.

    What principals did this guy further by sacrifising his job? The only thing he did was release a few photo's of a product that was to be released in less than 24 hours. What good did he do for the sake any principal or what cause did he sustain? He knowingly broke his companies rules and now you want to make him a martyr?

    Personally, I think it's drastic to sue him. However, that's Apples call to make. The fact is, this guy released confidential information that he had signed and agreed not to release. When he did that, he did so after signing a NDA saying that Apple could sue him, fire him, etc. He did it anyways.

    If this guy is a sacrificial lamb, it's because he volunteered for it when he leaked the photos that he knew he shouldn't leak.

    Come on everyone. Most of the Slashdot readers aren't stupid. Let's nominate this guy for a Darwin Award, not Martyrdom.

    kwsNI

  49. Think mebbe they're just clamping down? by rho · · Score: 2

    Apple gets lots of press time with surprise announcements of new, fancy computers. They don't want that impact dulled by leaked documents/pictures/specs.

    I doubt that Apple will really hammer this poor schmoe -- what can they get out of him? Millions of dollars? I don't think so. It's more likely an internal corporate move to put the scare in employees about leaking stuff to rumor sites.

    I think it's a loser proposition for Apple, though. If Apple would just work with the rumor sites (or better yet, the "real news" sites), and take their public image more seriously, they could acheive the same goals with less embarrasment.

    Or, if they want to influence and/or destroy their credibility, they could buy advertising from them. We all know that advertisers get preferential treatment from Slashdot :) <GD&R>

    --
    Potato chips are a by-yourself food.
  50. Job's Ego (was:Re:Led to the slaughter ) by dmp · · Score: 1

    I don't think this was a stunt, because the only star of *any* stunts at Apple has to be the Big Kahuna himself, Steve Jobs. Doesn't it sound like little Stevie is just pissed off? An employee took away his big suprise and now he is going to throw a little temper tantrum. You shouldn't violate NDA's, but Steve Jobs is has the emotional development of an eleven year old...

    dmp

    --
    Stop talking about who's to blame when all that counts is how to change --"Born of Frustration" - James
    1. Re:Job's Ego (was:Re:Led to the slaughter ) by delysid-x · · Score: 1

      Steve Jobs couldn't run a company out of a paper bag.

    2. Re:Job's Ego (was:Re:Led to the slaughter ) by Electric+Eye · · Score: 1

      Yeah, you're right. Check the 2-year stock chart, Einstein.

    3. Re:Job's Ego (was:Re:Led to the slaughter ) by Electric+Eye · · Score: 1

      Yeah, I guess you're right, too, Mr Wall Street Genius. Let's see your outstanding portfolio.

      I must have been kidding myself that higher than expected earnings (and profits) for 8 straight quarters means squat.

      Get your heads out of each others' asses.

    4. Re:Job's Ego (was:Re:Led to the slaughter ) by Darchmare · · Score: 2

      150 million dollars of non-voting Apple stock it be no means "significant". It's a drop in the bucket.

      And the real kicker is, Apple had Microsoft by the balls on that deal, not the other way around. Read up on it if you want to know the reason.


      - Jeff A. Campbell
      - VelociNews (http://www.velocinews.com)

      --

      - Jeff
  51. apple releasing name by Pink+Daisy · · Score: 1
    Apple published the name in the court filing. The story says that news.com didn't publish the name to avoid embarassing people with the same name.

    My take on the story is that Apple is justified in prosecuting (although perhaps not persecuting) people who leak their secrets. After all, they are very secretive, and they make their people sign NDA's precisely to avoid situations like this one. Totally ignoring whether leaks hurt or help them, they are justified both legally and morally in acting against employees who leak data.

    --

    If you are modding me down because you disagree with me, use the "Flamebait" category, not the "Troll" one.
  52. Who would want to work for Apple? by Crouchy · · Score: 1
    Sounds like a crap company to work for, suing your own worker after giving you heaps of free advertising that you would normally pay millions for!!!

    What a very tight A!#% company, really I don't see why they should worry about some free feedback? Think about it, they could have used this ploy as a advantage. I would love to know what the public thought of my product before I invested millions and millions of dollars to get the production line going.

    Or another scenario, like Intel.. Release heaps of hype about a product (which you may not deliver), this might just persuade some customers to hold of buying another chip and wait for yours...

    I now know I would never work for Apple..

    1. Re:Who would want to work for Apple? by Anonymous Coward · · Score: 1

      Posting Anon...for a reason.

      What the hell makes you think we would hire you? This did not serve anyone's advantage except the leak's ego and desire to impress people. We worked damned hard on a marketin gplan to hype the product. He stole our thunder. His action made it impossible for US to control the image of OUR product. If you think this helped...we would not hire you. You just do not sound like you could be trusted.

      We have other ways to find out what poeple think of our products before they are built. How ignorant are you of product tesing and user eval? Do you work somewhere where they do not do this?
      What makes you think we don't...becasue we don't ask you personally. Gee, sorry Crouchy, if we did not get YOUR holy opinion.

      We are also sooooo sorry we will have to limp along without your help.

      Fry the leak.

      Cheers,
      AC for a firm related to Apple who usually logs on.

    2. Re:Who would want to work for Apple? by Aaron · · Score: 1

      Repeat after me: It wasn't free advertising.
      Good, now do it again. And again. And again.

      Apple DOES NOT want thier products announced before announcement. The sites that the cube were posted on would have posted said information ANYWAY (Look back to the origional iMac for perspective). Apple is a company that likes to put on a show and these rumors take some of that away.

      Further, the rumers tend to crop up weeks to months in advance. That means missed sales. It is bad enough for Apple when people know that the standard update of the product line is a few months away and wait for the new machines to buy. Only the truly savvy are smart/tight-fisted enough to do that. The rumors encourage _everybody_ to do that. Apple was able to revitilize it's hardware with the G3 (beige), which brought in enough sales to develop the iMac. Imagine if the origional G3 owners knew what was on the horizon. Would they buy the boring beige G3? Some would, but would it have been enough to really fund the R&D that Apple needs to survive.
      --
      Though I use a Macintosh, I am not a mac-bigot. I just hate Windoze.

    3. Re:Who would want to work for Apple? by SpacePunk · · Score: 1

      It's not a matter of free advertisements. Apple has hardware out there that they'd prefer to sell NOW rather than watch it sit on the shelf while people wait for the hardware with the specs that were leaked. It's not a matter of 'secrecy' or any other such crap, it's a matter of money.

  53. Cube Leak by toup · · Score: 1

    I had a cube leak once... All the fish died.

    --
    -toup
  54. We predicted this... by franksbiyatch · · Score: 2
  55. Dewey, Cheatem & Howe by ackthpt · · Score: 2

    Attorneys at Laww (not to be confused with Law) allow us to represent you ;-)

    Vote Naked 2000

    --

    A feeling of having made the same mistake before: Deja Foobar
  56. Tomorrow's leading /. story prediction by jabber01 · · Score: 3
    An Anonymous Coward writes:
    "Until recently I worked for Apple, and was not permitted to tell the world the truth about Apples internal technologies. But, now that I am no longer employed (though not at all disgruntled, honest) I can speak the truth.

    Apple runs Linux on all it's internal servers! There! The truth is finally out.
    Apple runs Linux everywhere. In fact, they preload it on all machines to test them properly, and then load MacOS for shipment to customers. Apple will not use MacOS in-house because it's not stable enough, the GUI looks too unprofessional, and (especially with the candy colored Aqua UI) the interns keep licking the screen. Steve Jobs often says "GUIs are for panty-waists and tree-huggers! Real people use C shell!"

    Further more, Apple does not use any colorful or rounded cases in-house. Yes, Apple employees prefer beige, blocky cases, since it makes them feel like real professionals.

    Oh, and Orcale has something to do with it as well.

    Resumes provided upon request."


    There you have it folks, the truth behind Apple's colorful peal. And you heard it here first.

    The REAL jabber has the /. user id: 13196

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  57. Re:The Leak--give me a break by Luminous · · Score: 1
    Yikes! I wasn't trying to imply anything. I was just making a joke that a cube isn't exactly a revolutionary design.

    It was never, has never been my intention to trivialize anything. No matter what, someone cares about it and it is disrespectful and neglectful of me to ignore that.

    --
    This is not the way to build a lasting empire.
  58. Juan Gutierrez Identified!! by tridim · · Score: 1

    http://www.ou.edu/fjjma/studio/0990.html

    The canvas tells all. Apparently he moonlights as the "Masked Dancer" when he's not working at Apple and stealing Jobs' thunder. Note the Bondi-Blue Mask and the carrot nose. I'm fairly sure the device in his left hand is a beta version of a multi-pronged disk ejector paper clip unit that Jobs was planning on announcing today during his keynote. Looks like Juan is on the ball again!

  59. Re:Ironic--not--chastised by Reggyt · · Score: 1
    Yeah, probably the biggest load of shite I've spouted today. It was a bad play on the word innocent.

    I was just sitting thinking about it and for me personally being accused of something I haven't done does not lead to embarrassment, but something closer to anger.

    All the accusations of guilt aimed at me in the past are all true ;-P

    --
    "Common sense is nothing more than a deposit of prejudices laid down in the mind before you reach 18" Einstein
  60. any cube pics around still ??? by altek · · Score: 1

    I didn't make it in time to see the cube pics when they were first leaked, does anyone care to email me a few to gotti-@rocketmail.com or post a link up here (if there's anyone so bold as to be still hosting them) .. thanks much

    --
    THE MAGIC WORDS ARE SQUEAMISH OSSIFRAGE
  61. Employee NDAs by Jeffrey+Baker · · Score: 3
    I've been pondering the NDA issue for a while actually. Usually I am a firm believer in the absolute freedom of man and his inviolable ability to make contracts.

    However, I've begun to notice that it simply is not possible for a programmer to gain full time or contract employment without signing an NDA. In essence, there is an intellectual property cartel, whose near-complete grasp on the job market allows it to slowly ratchet up the restrictiveness of employee NDAs.

    The prospective employee could, of course, choose to enter another professions, or start his own company. Or his services might be so valuable that he could have the NDA requirement waived. Nevertheless, it seems like the little guy who is coming right out of college and into an entry level position with a software firm in the United States is getting the shaft. Those other options are not attractive, or even possible.

    Does anyone think that one could make a legal argument that the NDA was signed under protest, or duress, due to the complete industry lockout of anyone who won't sign an NDA?

    1. Re:Employee NDAs by hawkfish · · Score: 1
      Does anyone think that one could make a legal argument that the NDA was signed under protest, or duress, due to the complete industry lockout of anyone who won't sign an NDA?
      Funny, this is essentially the argument for a minimum wage. As the choice is between working for what you can get and starvation, I would argue that most workers are working under duress for less than they would normally sell their labour for if they had access to the necessary resources to survive. The fact that these resources are all owned by a few individuals who can charge what they like for them, and that these same individuals control the monetary system needed, means that most of us are simply their slaves.

      Welcome to anarchism.
      --
      You will not drink with us, but you would taste our steel? - Walter Matthau, The Pirates
    2. Re:Employee NDAs by Jonathan+Walls · · Score: 1

      I guess there's two problems here. One, if you're not hired due to refusal to sign an NDA, it would be like trying to prove discrimination - very difficult without other cases to back you up, and how many people are refusing to sign NDAs? Probably not enough, in similar enough circumstances, to build a case. And then, you would only be arguing against the exact clauses of the NDA, as it's a fairly well established legal principle that companies can ask employees to sign such contracts to protect their own interests (like it or not). On the second problem i.e. how do you fight a suit claiming that you have broken an NDA that you signed, it's probably easier to build a case. I reckon you would have to prove that you were justified in doing so e.g. that the NDA was unfairly restricting your ability to perform your job, whether the NDA was with your present or a previous employer. In this case, it's fairly clear that the person had no professional need to disclose the information. Regardless of your opinion of Apple's desire for secrecy, there's no defense to be made here. It's more a case of arguing to what degree the individual is liable - I would have thought this is more a matter of immediate dismissal rather than taking the guy to court.

    3. Re:Employee NDAs by Ronin+Developer · · Score: 2
      It's more a case of arguing to what degree the individual is liable - I would have thought this is more a matter of immediate dismissal rather than taking the guy to court.

      Did Apple sustain a financial loss because of this disclosure? Could the have?

      Bottom line is that Apple CAN argue that they lost revenue because of the preannouncement. Potential sales that might have been generated from Apple's dog & pony show may been lost because of the "been there...done that attitude" taken by people who received the unoffical information in advance (even if inaccurate (even worse)).

      Additionally, since Apple had not yet released the product, the early disclosure could cost them by the release of similar products by competitors. Remember the influx of iMac look-alikes by eMachines?

      If employees are opening their mouths about their company's efforts in public while under NDA, they should be held liable for damages (even if by accidental disclosure). Hell, how many computer company execs in San Jose visit bars?

      Loose lips sink ships...and companies. Apple is fully justified in their taking this guy to task. Termination of employment is a given as is the lawsuit.

      RD

    4. Re:Employee NDAs by sredding · · Score: 1

      Try to work for any of the companies or agencies that support the U.S. Department of Defense. You'll find much the same thing.The NDA is the commercial equivalent of a security clearance.

      It could be worse than simply signing an agreement to keep your mouth shut. You could be asked to submit to a 15-year background investigation, urinalysis and polygraph tests.

      That said, I don't think you can make a legal argument. In the defense industry, potential employees are informed of the security requirements and agree to comply before they are hired. That agreement is binding. I may find urinalyis to be objectionable, but I'm stuck with it. Anyone who refuses to comply is locked out.

    5. Re:Employee NDAs by Ryano · · Score: 2

      "Does anyone think that one could make a legal argument that the NDA was signed under protest, or duress, due to the complete industry lockout of anyone who won't sign an NDA?"

      I think your point would be fair enough if you were talking about a contractual stipulation that actually affected the employee's life. I fail to see how being bound by a restrictive NDA could affect any employee adversely, unless they had some uncontrollable compulsion to reveal trade secrets.

      I really doubt that there are workers out there bemoaning the fact that they can't get a job that doesn't require an NDA: this would be the same as a worker claiming he was being discriminated against because no employer will accept the fact that he/she is lazy and abusive.

      "The prospective employee could, of course, choose to enter another professions, or start his own company. Or his services might be so valuable that he could have the NDA requirement waived."

      To me, an NDA is just something that formalises the ethics that should operate in any case. Every profession has its ethics: the fact that they are contractualised in the technology industry is just an indication of how important these issues are to employers. If I thought you were likely to reveal my trade secrets, I wouldn't hire you no matter how good I thought you were.

      Further, if the employee's services are so valuable, it is more likely, not less, that an NDA will be required. If you're the brainiest of the bunch, and I'm paying through the nose for your services, you're probably going to be working on my most important, and therefore most sensitive projects. If you're free to reveal trade secrets, I would have been better off never to have hired you. What's more, if you're so good that I couldn't do the project without you, then I'll give you a stake in the enterprise, and suddenly NDAs are your concern as well.

    6. Re:Employee NDAs by Jeffrey+Baker · · Score: 2
      It's possible that you haven't been looking for jobs lately, or that my experience has been particularly unlucky. When i was looking for work about one month ago, I was presented with multiple egregious Proprietary Information and Inventions Agreements, which were required as a precondition of employment. Among the incredibly overreaching clauses in these agreements were:
      • Compulsory work for the company after termintaion of employment at a rate fixed in the contract for all time. Very bizarre.
      • Exclusion of all work outside the company (including book writing, teaching, etc.)
      • Rights to inventions even if invented entirely on personal time, with personal resources, and in fields not related to the business of the company (which is counter to CA state law)

      This is not a simple codification of standard workplace ethics. These restrictions are attempts by the companies to make employees waive fundamental rights. Needless to say, I took my talent to an employer with a reasonable Inventions Agreement.

      BTW, I didn't start this thread to defend the Apple guy. Obviously you shouldn't be giving away insider information to the press.

    7. Re:Employee NDAs by mstone · · Score: 1


      > The prospective employee could, of course, choose to enter another
      > professions, or start his own company. Or his services might be so
      > valuable that he could have the NDA requirement waived. Nevertheless, it
      > seems like the little guy who is coming right out of college and into an
      > entry level position with a software firm in the United States is
      > getting the shaft. Those other options are not attractive, or even
      > possible.

      question: where did that big company that demands the little guy sign an NDA come from? . probably from some batch of little guys 15-50 years ago who chose to take the risks of going out on their own.

      your argument stopped being useful when you declared going it alone to be an undesirable option. . the company with the NDA isn't restricting the potential employee's freedom, the potential employee is doing that for himself. . he wants the company to give him a comparatively risk-free environment and a steady paycheck.

      now, if you think about it, the NDA is one of the things the big company uses to give him that risk-free environment. . what everyone else in this thread seems to have forgotten is that companies aren't just anonymous monsters with an endless capacity to absorb abuse. . they're collections of people, working hard, and trying to be proud of what they do.

      the NDA is a way of keeping one employee from fucking over everyone else in the company. . if a leak kills a project, it's not just the company that gets hurt, it's all those little guys who were honestly working hard to build something they believed in.

      without NDAs, every little guy in the company is the hostage of whatever asshole decides his agenda is more important than anyone else's job.

    8. Re:Employee NDAs by RAruler · · Score: 1

      Thats insane, if you worked at "Mondo Computer Design Inc." or something else, and they forced you to sign this so you could work there, and you make the "Super Dooper Electric Tooth Brush 3000" on your own personal time and resources, you should get the fruit of the work. Not the big faceless company that forces you to give it over.

      ---

      --

      --
      Insert Witty Sig Here
  62. Re:Door #1, #2, or #3? Pick your poison... by Stonehand · · Score: 1

    How about

    Door 4:

    Employees realize that if they sign a confidentiality agreement, they're obliged to abide by it? That, frankly, their legally binding word should NOT be broken on a whim without expecting consequences?

    --
    Only the dead have seen the end of war.
  63. I can't agree more.. by Migrant+Programmer · · Score: 1
    This must be hundreth time that somebody who posted leeks "anonymously" got caught

    I haven't been caught yet, but they never pay attention to me!

    2000-08-10 17:00:49 Early season leeks now available (articles,news) (rejected)

    2000-08-19 01:20:21 Are genetically engineered leeks safe? (articles,science) (rejected)

    2000-08-22 15:31:42 Leeks leeks leeks! (articles,humor) (rejected)

    Okay, not that funny. But I've got nothing better to do at the moment!

  64. Re:Door #1, #2, or #3? Pick your poison... by piggy · · Score: 1
    Employees at Apple and techworkers in general start taking NDAs seriously?

    Employees at Apple and techworkers in general actually start reading the contracts they sign?

    Employees at Apple and techworkers in general actually take responsibility for their actions?

    Russell

  65. Employee Sues Apple over Cube Leaks ... by taniwha · · Score: 3

    "Your Honor - I kept telling Mr Jobs - the roof - it leaks over my cube ... right onto the computer - but he didn't do anything other than screaming at me to stop complaining and work harder ..... then one day there was this blinding flash ...."

  66. John Smith by jgotts · · Score: 1

    "So as not to embarass any employees with the same name Apple has not revealed the employee's name as at now." So his name must be John Smith, right?

  67. Apple-bashing in defense of bad acts is no virtue by werdna · · Score: 3

    Trade secrets are trade secrets. Use or disclosure of trade secrets is not only actionable, but its also quite wrong -- wrong in the way we all understand the word.

    Information is leveraged by companies for commercial advantage in a variety of ways and for a variety of reasons. At times the timing of the release of that information can be critical. Whether a particular act was or was not problematic for Apple at the end of the day, uncontrolled leaks of confidential and trade secret information rob the company of something -- if only the discretion to make their own decisions when the informaiton is to be released. The degree of actual harm to Apple goes only to the measure of the damages, and not to the degree with which the conduct was wrong.

    This employee broke the rules, probably broke his or her employment agreement, and did something he or she knew or should have known was wrong.

    If Apple "just let it go," as some here have suggested, other employees may well be encouraged to trade information for favors. Whether it needs to press the point or not is, IMHO, Apple's call and Apple's perogative.

    We do ourselves and our causes no service by defending the indefensible. This employee, who was trusted with confidential information about new unannounced products, should not have shared it with anyone else.

  68. Well, by SvnLyrBrto · · Score: 5
    >What we should really be concerned about is the
    >willingness of Yahoo to roll over for a
    >corporation. If you went to them and said, "I
    >want to know all the info you have on this
    >person", they'd tell you to buzz off. Why is a
    >corporation treated differently?

    It's simple really. Steve Jobs didn't just call up Jerry Yang and say "Hey, could you tell us who this guy is?"

    Apple filed suit against "John Doe" first, and was therfore able to issue a subpeona to Yahoo for the info in question. Yahoo's privacy policy has an exception in it saying that they WILL turn over your information if required, by law, to do so. Well guess what... discovery procedings before a civil trial give the plaintiff the right to subpoena pretty much anything they feel related to the case. And a subpoena, issued in California, IS legally binding against Yahoo... were they to refuse, I don't think any PERSON would go to jail for contempt, but the company would be facing some hefty fines.

    It's not a matter of one corperation kissing another's ass... it's a matter of complying with the law. If YOU *DID* file a lawsuit against a Yahoo user, YOU would ALSO have the right to subpoena yahoo's records on that person.

    This was actually covered on /. a couple months back. Someone was sabotaging his emploiyer's stock price by posting inside info on Yahoo message boards, the company sued, and subpoenaed Yahoo to get the guy's real name. The guy then sued Yahoo FOR COMPLYING WITH THE COURT ORDER and turning over his info... stupid really. The ACLU got involved, and it turned into a bib mess, I don't know how it eventually turned out, but the story is in the /. archives.

    Here's a clue to the Yahoo bashers:

    Corperations are *NOT* your friend. They may supply a service you like at a good price, and the staff may be friendly. But the corperation is *NOT* your friend. They will NOT fight YOUR legal battle FOR you!!! (unless you pay them a lot of money to do so, and that's only if we're talking about a law firm)

    john
    Resistance is NOT futile!!!

    Haiku:
    I am not a drone.
    Remove the collective if

    --
    Imagine all the people...
    1. Re:Well, by BJH · · Score: 1

      Thanks for the correction. I don't have even a passing familiarity with California law concerning civil disputes, so I really shouldn't have opened my mouth like that. Funny to think that anyone can subpoena my private diary (for example) if they think it's relevant to their lawsuit, though...

  69. As Usual-- by DougLandry · · Score: 2
    Slashdot readers should stick to their Linux stuff, they get a little confused when it comes to Apple matters.

    The reason Apple did not handle it "internally" is because they needed the lawsuit to force Yahoo, on account of its GeoCities subsidiary, to release ISP information for the pictures "worker bee" linked to on the AppleInsider.com message boards. Then they also needed the legal action to force the ISP to release a name to match with an IP, etc etc. Someone above said something to the effect of: "why'd Yahoo take it up the ass for a corporation, but I couldn't ask them for the same thing!!!" Well sonny, that's because Apple has lawyers, and you don't. You don't think Apple would've liked to have handled it internally?

    Of course they would, but this both allows them the legal ability to nab the dude who broke his NDA, and then to serve as a warning to all other employees.

  70. I disagree by wiZd0m · · Score: 1

    What if the reporter gave him his word he would not talk to preserve his anonimity and finally changed his mind when facing the fact that he might go to jail for contempt with the court (and possibly lose his job) for not revealing the name of his source for such a lame thing as a cube revelation?

    I mean think about it ...

    wiZd0m

  71. Apple Made It Worse... by Bill+Daras · · Score: 2

    worker bee hung out at the Apple Insider Forums and was considered to be a unreliable source at first. This all changed after he was proven right about the new products at MacWorld NY.

    He published the iBook specs, and then Apple pulled the plug on Mr.Bee.

    Regardless of whether you think Apple was right or wrong, it is clear that after worker bee's leaks the information didn't really spread that far. Only after Apple started issuing dozens of subpoenas and publishing the information themselves via their PR people did their terribly confidential trade screts leak to a more widespread audience and the mainstream news outlets.

    So when Apple takes Mr.Bee to court, are they going to fess up to the damages they themselves caused? Or blame it all on him? Probably the latter. I highly doubt the courts will pay attention to the large Apple Rumor community and the fact Apple themselves legitimized the claims and in the process, spread the information far and wide, causing the damage they were so hurt by.

  72. Let me get this straight .. by kd5biv · · Score: 1

    He signed an NDA, went on to do exactly what he agreed not to in the NDA, left enough traces to be identified, and is now being sued? Not surprising to me .. what I don't understand is why he was stupid or crazy enough to do it, and what he thought he could gain by it ..

    --


    73 de N5VB (ex-KD5BIV) AR SK
  73. Re:TBD by stubob · · Score: 1

    aww, that would have been really funny (and a real travesty of American justice). Defendant: TBA. I knew Mr. ToBeNamedLater (who's ALWAYS getting traded in American sports) would eventually turn up in a lawsuit. Anyone else ever notice Mr. ToBeNamedLater is almost always traded with Mr. Cash?

    -----

    --
    Planning to be moderated ± 1: Bad Pun.
  74. Only Apple by MaxGrant · · Score: 1

    Only the most superficial company on earth could sue an employee (or anyone, for that matter) for revealing that its computer was designed in the shape of a common regular solid.

    If it had been the Apple Dodecahedron that might have been worth suing over. But a cube?

  75. Hey Carnage4Life & Hemos: Can't you read? by Anonymous Coward · · Score: 1

    "Apple's new mouse and dual-processor PowerMacs" - Not the cube.

  76. My question is how the hell did they find out? by sips · · Score: 1

    Ok the spy in me wants to know how exactly did they find out. Personally I probably could (with enough cash) come up with a method of taking pictures and the like without their knowing very easily. Just take a miniture pinhole camera and then put it into your briefcase lining or in a bowtie or something similar. Do they have massive surveylance or do they have some sort of electromagnetic detector?

    --
    Respond to s
  77. I think he's being scarcastic by sips · · Score: 1

    Both of the examples cited are in fact examples of companies who have lost billions by sueing people for no apparant reason.

    --
    Respond to s
  78. well I can understand appel by [verse]Eskil · · Score: 1

    Im not a fan of lawsiuts, but i guess if the persom signed a NDA, well then he/she did. and he/she must have been aware of the consequenses.

    This is some thig that I really miss in the open source comunity, you never get that antisipation. I just love when people speculate about new stuff that is comming out. Appel knows this, and the have big shows becouse then then know they will end up on the news.

    Its not realy the same as when new featiures makes it in to linux, ewen if it is news the only reson it is news i becouse i dont hang around in the right mailing lists. If Im exited about some thing some one else can allways tell me how that is "so old news" and that i am a lamer who doesnt hang whit the inner circle.

    Its a great PR trick that really works.

    And by the way Appel is loosing money, if you know what is around the corner you are less likely to invest now. most companys work like this.

    Eskil

  79. Journalistic ethics by sulli · · Score: 2
    It is highly unethical to compromise a not-for-attribution source. Good journalists go to jail when faced with such an order. IANAL (and IANAJ) but my understanding is that such orders are rarely granted because of the need to preserve this system.

    Yahoo is a different beast. When you post to Yahoo, they get lots of info that they can use to track you. Some work-arounds exist, but the clueless user will probably make the fatal error of providing his/her own email address to receive the password for the new account. Also, unlike /. they make no claims that they will attempt to preserve anonymity.

    sulli

    --

    sulli
    RTFJ.
  80. wanna know his real name? by hyperizer · · Score: 2

    It's on MacNN.

  81. Upper Management by wiZd0m · · Score: 1

    This is like when ABC's 60 minutes wanted to air the story about the guy who leaked the really bad stuff about what the cigarettes cartel were doing. They said to the reporter that they wont air it because of the NDA the guy signed and if they did air it, they would probably end up beign owned by the cartel after a multi-billion dollars lawsuit. Now I don't know about yahoo, or the employe, but he surelly signed NDA for the cubes. And with a guy like Jobs as head of apple, You can be sure he will pursue and sue this into oblivion, even if he destroy apples image along the way.

    I did not say this guy is right about giving up his source, on the contrary he's a fucking slime. But when big lawsuit are raised and lost of cash and implication arise, you can be sure that there is lots of back stabbing going on on both sides of this.

    wiZd0m

  82. Before you trash Yahoo... by altergoto · · Score: 1

    Mac Central is reporting that Yahoo released the info after a subpoena was issued. You can still say they 'rolled over', but it is not their duty to defend anyone, and it is their duty to comply with court orders. They have also reported the employees name.

  83. I'm sure it is about an NDA and not monetary loss by MacKay · · Score: 1

    The point is this. If you have an NDA and do not enforce it as to one employee (who made what some consider a major leak) then you create additional problems.

    First, other employees may not take the NDA seriously.

    Second, if another employee leaks something more important and Apple chooses to go after that employee, they will say "Oh yeah, but you didn't prosecute the other one so you must be going after me because I am a woman/black/gay/whatever else" and end up with a countersuit for selective enforcement and/or discrimination. Which could, theoretically, lead to a declaration that the NDA and/or its enforcement policy, are discriminatory, illegal, etc.

    Insane? Perhaps. But that seems to be how things work these days...

  84. Cube leaks? by scumdamn · · Score: 2

    My employer is likely to sue me next. My cube has leaked a few times. Mostly when I've spilled a coke or some ice water on my desk. It's not my fault that they didn't make the cubicles waterproof!
    What? Apple cube? No thanks. I'm not hungry.
    Huh? A computer? Made from apples? Like I'm going to believe that after the Potato Server hoax!

  85. Classic Jobs by Performer+Guy · · Score: 2

    This sounds like a classic Steve move. Having seen the kind of damage a leak can do I think it's great that one of the slime balls who betrays a trust gets to feel the sharp end of an action like this. They might have enjoyed their 15 minutes of infamy, now they are paying the price and good riddance. If this is the only way to take away the stock benefits someone has accrued from employment at the company he betrayed then so be it.

    I have no sympathy for them.

  86. Lawyer: no, it's contempt of court by hawk · · Score: 2

    I am a lawyer, but this is not legal advice. If you need legal advice, contact an attorney licensed in your jurisdiction.

    The criminal/civil distinction you are trying to draw simply doesn't apply here.

    Yahoo did not simply hand over information to a corporation. They complied with a court order to do so. They would have done the same had an individual obtained the order. This is the same thing (and mistaken perception) of a few months ago when it was misreported that companies were allowed to search employeess' home computers--that to was in the course of litigation, and under court order.

    hawk, esq.

  87. Cartel??? not hardly by hawk · · Score: 3


    A cartel is a group restricting output, working as a group instead of competing with one another. Among other conditions, you must have a way to keep newcomers out.

    The folks that want NDA's, however, are *fiercely* competitive, both in the product market and for employees. A more reasonable conclusion is that NDA's are necessary to the the firm in order for it to compete successfully; otherwise, the firms would drop the NDA's, saving time and money while regaining a recruiting edge.

    hawk

  88. Apple Trade Secrets by dr_strangelove · · Score: 1

    Ok, so the dork signed an NDA he later decided to breach. So he's basically f*&^ked now.

    What I want to know is: Who the hell gives a shit about "what's gonna be in the new i-book" anyhow.

    Why did Joe Dork feel he needed to place himself in a world of shit in order to "reveal" this boring trash?

    Inquiring minds, etc...

    "No, no! Not THAT button!!" -- Bugs Bunny

    --
    "...they may harpoon us, but they ain't gonna pick us up on no radar screen!"
  89. Free publicity.. by stinky+monkey · · Score: 1

    They should give that guy a raise, not sue him. The leak is the most publicity they've gotten over their new product that nobody but them really cares about.

    --
    ~Bout Time for another tea party.®~
  90. Re:I'm sure it is about an NDA and not monetary lo by [verse]Eskil · · Score: 1

    True, they need to enforce the NDA.

    But still I just cant believe how un smooth they are (no, in fact i cant believe how un smooth companies in general are) If i was apple, i would simply tap on the employees shoulder and say:

    "we know what you did, we give you the option of resigning, if you don't we will have to fire you and file a suit. If you tell anybody about this conversation, we will tell the judge about the cube incident"

    The rumour might make it out, and keep other apple employees to do the same but it cant be proved that he/she was forced to quit since apple has got the resignation.

    What the point in getting bad PR on slashdot?

  91. Re:Door #1, #2, or #3? Pick your poison... by JCCyC · · Score: 1

    > Employees at Apple and techworkers in general start taking NDAs seriously?

    > Employees at Apple and techworkers in general actually start reading the contracts they sign?

    > Employees at Apple and techworkers in general actually take responsibility for their actions?

    Employees at Apple and techworkers in general learn to cover their asses properly when doing ANYTHING the company won't like.

  92. Dumb colors by madmark · · Score: 1
    It's gross to sue your own employees, but I'm sorry, but what I really can't forgive Mac for is coming out in all those stupid colors. When it came time to upgrade, the thought of one of those ugly, ugly, ugly boxes sent me into the world of PC.

    I like it here.

  93. Doe tired of being bad Apple? by letchhausen · · Score: 1
    Since Apple uses its secretive announcement schedule as a way to dump old equipment before stocking new (thereby screwing people over)perhaps there is a coterie of people within Apple who are tired of this. When I called to complain because I received my G3 the day that they announced the G4's, I was told that there had been a ton of complaints and they had set up extra lines to handle the complaint process. Of course all they were doing was basically using the famous "Animal House" quote: "You fucked up, you trusted us!" They lost me as a future customer. (That and the fact that the far cheaper Athlon system that I bought a few months later totally kicks ass over the G3).

    Maybe there are people within the company who think that Jobs policy of sticking it to the suckers will mean no return business.

    --
    Hey, you think your house is cool?
  94. They have to prove damages by herbierobinson · · Score: 1

    If it doesn't turn out that Juan Gutierrez works in Apple's PR department, he should. They have gotten all kinds of free publicity out of this and it didn't come out early enough to do any real damage.

    About all they can really get out of this is an injunction... And more publicity...

    --
    An engineer who ran for Congress. http://herbrobinson.us