Mini-Microsoft Shakes Things Up

Henry V .009 writes "BusinessWeek calls him Microsoft's Deep Throat. Although Steve Ballmer denies reading the blog, there are plenty at Microsoft who do. Mini-Microsoft says he wants to "slim down Microsoft into a lean, mean, efficient customer pleasing profit making machine." The user comment section of the site is the real gold: thousands of comments from Microsoft employees who tend to have a dim view about the company's recent evolution. And Microsoft may even be responding to all the internal criticism."

Comments

Re:insane

[Anonymous Coward]

No they fired him for posting campus photos which is explicitly against MS policy. The Macs were just a side note.

Re:insane

[Graymalkin]

You need to go back and do some fact checking. The Network Associates case was ruled such because the wording of their EULA was deceptive. Their case suggested that Network World Fusion broke the law by violating a clause of the EULA. Under scrutiny the clause proved to be untenable legally and the judge told NA to get lost. That however has nothing in the slightest to do with non-disclosure agreements.

Signing an NDA is binding. If you go and post confidential information to your blog or someone else's blog and the NDA you signed specifically prohibits that, your employer not only has grounds to fire you but also sue you. If your signature is on a document that says "I won't talk about x, y, and z" and then a blog posting or e-mail is presented showing you talked about x, y, or z the judge is likely to rule in your employers favor. If your NDA says you will cut off your right ear if you talk about x, y, or z that clause of the NDA will likely be found unenforceable and you'll be able to keep your ear.

This differs entirely from situations where talking about x, y, or z benefits the public interest. If product X was made out of dolphin skin by child slaves in San Diego there's a public interest in that information. If you were sued by your employer over releasing that information it probably wouldn't be difficult to show that your whistleblowing served the public interest. Whistleblowing is protected when there is a viable public interest in the disclosed information. Clauses in an NDA or any other contract which require you to break the law (manage slave lavorers in San Diego) are unenforceable. Your employment contract can't require you to be a heroin mule for instance.

What you don't seem to understand is the first amendment only applies to government. It does not extend to private organizations or property. The government can't tell you that you can't post specs on as yet unreleased product Y but a contract can. You don't have a right to any particular job, if an employment contract is required to work there and you're unwilling to sign it you're not going to have that job.