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Apple Fires Five Employees for Downloading Leopard

BuzzardsBay writes "The good folks at VARBusiness are quoting a ThinkSecret report that claims five Apple employees got canned over the unauthorized downloading of the Leopard OS. According to the article: one of the employees says: "Because we had the character to tell the truth and to face the consequences of our actions, we were terminated. If we all lied and denied it would we still be working at Apple today? Even more so, is that the kind of person that Apple wants working for them?""

325 comments

  1. The consequences were that you got fired.. by QuantumG · · Score: 4, Insightful

    congratulations, you faced em.

    --
    How we know is more important than what we know.
    1. Re:The consequences were that you got fired.. by Alfred,+Lord+Tennyso · · Score: 4, Insightful

      The term "accepting responsibility" has taken something of a beating lately. The new definition is "admitting guilt but denying any repercussions". Please update your dictionaries.

    2. Re:The consequences were that you got fired.. by dubiousmike · · Score: 2, Insightful

      ya but they did not leak it
      they went home and downloaded it.

      they didn't re-share it
      they wanted to see it early
      it sounds like they are sales people
      find the developer who leaked and shared it and sue them

      geesh

    3. Re:The consequences were that you got fired.. by sumdumass · · Score: 1

      If software companies are attemtping to make the conection from pirating is equal to theft, then you have to look in the employee handbook under the rule for theft of company property.

      My impresion is that apple see no difference because they didn't see a profit from the sale that never happened.

    4. Re:The consequences were that you got fired.. by Scudsucker · · Score: 5, Insightful

      More like if you use the same penalty for those who tell the truth as those who lie and get caught, you remove all the incentive to tell the truth in the first place.

    5. Re:The consequences were that you got fired.. by ScrewYouTroll · · Score: 0

      Employee handbooks, like their other pseudolegal cousins such as student handbooks, rarely follow anything resembling rule of law or even basic logic. And in any case, it's not embezzlement unless you use your position or access to do it

      This smacks of "setting an example" by starting with their own employees, but it mystifies me how so many would have been "caught" in a situation where they would have admitted this. Did some manager take it upon himself to quiz employees who mentioned Leopard in some context or other of conversation?

      None of this is too surprising; Apple's lawyers have long been fond of schoolmarmish, morally grandstanding behavior, and many of their users are only too happy in considering themselves as superior human beings to go along with it.

    6. Re:The consequences were that you got fired.. by toQDuj · · Score: 3, Insightful

      No. If you lie and get caught you also have to pay lawyer fees and a hefty fine.

      B.

      --
      Every experiment which ends in a big bang is a good experiment.
    7. Re:The consequences were that you got fired.. by chrispycreeme · · Score: 1

      Right! IF you consider downloading a file stealing AND stealing is a fireable offence THEN the employee should be fired. Apple does consider downloading a file stealing. Apple considers stealing to be a fireable offence. The employees got fired. You can argue about the semantics of stealing if you wish but I think by working for a company you are agreeing to follow certain policies. Some companies may consider taking an extra coffee break "stealing" from the company. While it probably wouldn't hold up in a court of law as theft they can still fire you for it. I don't consider downloading a file to for educational purposes stealing, but I don't run Apple, I don't work for Apple and I don't make the rules.

    8. Re:The consequences were that you got fired.. by EnglishTim · · Score: 2, Informative

      Yes, but if they downloaded it via a torrent, then they did re-share it. That's the way torrents work.

    9. Re:The consequences were that you got fired.. by sumdumass · · Score: 1
      Rule of law or basic logic or even embezzlement doesn't really come into play in most states.Most states are AT-WILL wich means you can be fired for about any reason. There are a few protected things and of course if it is a silly reason, you sometimes get unemployment compensation. But an employee handbook sets rules aside that defines expected punishment for violations of the rules. If it says fired for theft, then thats what happens unless your dating the managment,or a really valuable employee or something. And theft doesn't have to be embezzlement to be theft. Something as simple as taking a box of burgers (under $50 usualY) from a fast food joint is theft and most likley would get you fired.

      This smacks of "setting an example" by starting with their own employees,
      Yep, i couldn't agree more. It is a stretch to claim something done outside work that doesn't use any work related materials, time or items can be considered work related enough to warrent termination. This is almost like fireing a McDonalds employee because he swiped a big mac from a picknick basket at the park. It is probably just easier to go after some one they have direct control over instead of some average user who doesn't work for them.
      but it mystifies me how so many would have been "caught" in a situation where they would have admitted this. Did some manager take it upon himself to quiz employees who mentioned Leopard in some context or other of conversation?
      Apearently, a group of employees were overheard (by management) discussing the OS and revealing details that would only be known from running it. This promted an investigation from corperate and they eventualy asked the questions of are you running it and how did you get it.

      None of this is too surprising; Apple's lawyers have long been fond of schoolmarmish, morally grandstanding behavior, and many of their users are only too happy in considering themselves as superior human beings to go along with it.
      Yep. Unfortunatly, just like shit falling downhill, so does the elitism mac users usualy reak of.
    10. Re:The consequences were that you got fired.. by HTTP+Error+403+403.9 · · Score: 1

      What did they expect they were going to get...a cookie?

      --
      I'm not a Troll, it's reverse psychology.
    11. Re:The consequences were that you got fired.. by 1u3hr · · Score: 1

      Reminds me of a guy I worked for. He made some amazingly stupid business decisions. When he realised he couldn't blame someone else he said "I accept full responsibility". That the staff all had wages delayed while he continued to raid petty cash for his personal expenses didn't seem like an acceptance of responsibility to me. He was always ready to share the pain; when there was a profit that went straight into his own pocket.

    12. Re:The consequences were that you got fired.. by legoburner · · Score: 1

      Imagine having to buy lots of apple products for yourself when on a shop-assistant's wages. That would drive a lot of people to copyright infringment... they could have bought what... 4 different ipod upgrades in the last 2 years? Must be expensive to have apple marketing in your face all day, every day, especially if you believe their hype too.

    13. Re:The consequences were that you got fired.. by Anonymous+Freak · · Score: 2, Interesting

      Sorry, this line of reasoning just doesn't work. "Oh, yeah officer, I murdered him. But I just came clean about it, so can I go home now?"

      (I know, I know, not the same thing. But still, they violated their employer's intellectual property, wether they came clean about it or not, they deserve to get fired.)

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    14. Re:The consequences were that you got fired.. by Ed+Avis · · Score: 1

      That's exactly the analogy. If you plead guilty, you often get a lighter sentence. Those who voluntarily turn themselves in to the police for a murder (which otherwise would have gone undetected) might tend to get shorter prison time than those who get caught. (I don't have the figures - but in principle, it is at least possible to have such a system and it would make some sense.)

      --
      -- Ed Avis ed@membled.com
    15. Re:The consequences were that you got fired.. by wo1verin3 · · Score: 1

      >> but it mystifies me how so many would have been "caught" in a situation where they would have admitted this.

      I recall in one of the cases with Apple Developers caught seeding tiger (or earlier?) over bittorrent, they matched the IP addresses participating in the torrent again logs of logins to the Apple Developer Connection website.

      It wouldn't be hard to believe that Apple employees may have access to internal only websites with a login and password that could be matched up against P2P logs.

    16. Re:The consequences were that you got fired.. by smash · · Score: 1
      Whether or not they shared it is moot.

      They violated the NDA. End of story.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    17. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 1, Informative

      Apparently, you don't understand how business works. The guy was your manager. When he said "I accept full responsibility", what he meant is that he isn't blaming you or any of his staff, nothing more. The consequences for him are between him and his manager, and if this failure mattered to the business, there probably were unpleasant consequences for him even if you don't know them. The fact that there also were unpleasant consequences for you is just a fact of life; nobody can shield you from the fact that often, whether you do well or poorly depends on the decisions of others.

      If the guy was actually the owner of the business, he may not have been very smart to share the pain with his employees, but perhaps he simply didn't value you enough to do so.

    18. Re:The consequences were that you got fired.. by Arker · · Score: 4, Interesting

      It makes perfect sense, and many legal systems historically have used this principle. A functional legal system will attach a penalty for crimes which exceeds their actual cost, proportionate to the chance of getting caught. I.e. if you destroy $100 worth of property, and confess to it immediately, you pay the $100 back, but if you have to be caught, you must pay significantly more than ($100*X/1), where X is the likelihood of apprehension in those circumstances. So if you have a 50% chance of evading punishment entirely, the fine needs to be over $200, otherwise it's rational to attempt to evade detection. If the fine is for example $500, and your chance of evading detection only 50/50, it makes good sense to immediately confess and pay $100 instead. If most people do that, then law enforcement can realistically attempt to catch the rest, but if the fine is the same amount either way, everyone attempts to evade, law enforcement has too many cases to chase, the chances of evading and the number of offenders attempting evasion start increasing in a feedback loop, and the result is uncontrolled breakdown of law, or a police state, which is sort of the same thing, and at any rate equally undesireable.

      The whole plea-bargain system in this country, btw, is NOT an example of this. It actually has the opposite effect. If you confess your crime immediately, you won't be able to plea-bargain, since you have nothing to bargain with. But if you evade, not well enough to avoid arrest, but at least well enough to give your lawyer something to work with, that's how you get a plea bargain. This actually increases the incentive to evade, driving ever-increasing law enforcement requirements...

      --
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    19. Re:The consequences were that you got fired.. by Scudsucker · · Score: 3, Insightful

      No. If you lie and get caught you also have to pay lawyer fees and a hefty fine.

      Apple would have a difficult time suing them for damages for merely downloading a copy. It's uploading that really gets you in trouble.

    20. Re:The consequences were that you got fired.. by Elemenope · · Score: 1

      Personally, I think they should have gotten a cookie on the way out the door they were being kicked out of. That way they could feel good for their honesty by being rewarded but also get what was undoubtedly their contractually obligatory comeuppance. Yes, it is a good policy to reward honesty. No, you'd have to be brain-dead to believe that copying unreleased software isn't an offense for which any software corp. on the planet wouldn't fire you and proabaly shoot your dog/cat/ferret/first-born child. As another poster pointed out, the stealing and the coming clean about the stealing are essentially unrelated actions and should be treated separately. Besides, there are limits to the list of which sanctions a company can choose from when deciding to penalize an employee, so for serious infractions it is generally unreasonable to assume they can do anything appropriate other than fire the transgressors.

      The power of a good cookie to soften the blow should not be undersold, as well. Remember the Matrix:

      (Oracle) Hey, your new best buddy and mentor is going to die. Have a cookie.

      (Neo) Oh, OK.

      See? Right as rain.

      Yes, the first sentence of this post ended with a preposition; syntax and grammar nazis can blow me.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    21. Re:The consequences were that you got fired.. by yardbird · · Score: 4, Insightful

      The incentive to tell the truth in the first place is being able to look at yourself in the mirror.

      The point is that "accepting responsibility for one's actions" is being used to mean "looking for an optimal outcome given one's actions".

      --
      Free, legal music for iTunes users.
    22. Re:The consequences were that you got fired.. by squiggleslash · · Score: 5, Insightful

      Oh c'mon! WTF is wrong with you all? Is the world so black and white in Slashdot that if someone protests about being punished too hard, they can only be advocating no punishment at all?

      The (ex)Apple employees are protesting that they came clean and yet endured the same punishment they'd have endured if they had not come forward but been caught anyway. The complaint is not that they were punished at all, it's that the punishment was excessive and gives nobody any incentive to be honest.

      And they have a point. And this not about murder, where arguably the action is so severe that the appropriate punishment should always be dealt, it's about a case of copyright infringement. Yes, there's room for Apple to take a more lenient line with truth tellers than with those who lie. Especially when given the case is ultimately about whether an employee can be trusted with the company's proprietary inside information, the issue of whether they lied or not in an investigation is actually relevent.

      Apple has arguably over-reacted. And whether it did or not, it has most certainly cut off its own nose to spite the face of others. Firing is an expensive act. Apple can expect to lose the productivity the fired employee would have given to the company during the time it recruits and trains the replacement, and recruiting is hardly cheap either. Further, it has made its own future investigations harder because it will not get the cooperation of employees who see themselves as ultimately loyal.

      Apple can hire and fire whoever they want, for whatever (legal) reason. But that doesn't make this anything other than, at face value, assuming there's not more to it than TFA, a dumb decision. And certainly, the logic Slashdotters promote of "IF THEY HATE THERE PUNISHMANT, TEHY MUST FINK BEENG PUNICHED IS RONG!!1" is utterly irrelevent and idiotic.

      --
      You are not alone. This is not normal. None of this is normal.
    23. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 2, Interesting

      I think Apple could have taken it further if they had chosen to. They ex-employees could have been fired and then sued. Maybe the leniency for telling the truth is the lack of litigation.

    24. Re:The consequences were that you got fired.. by tomhudson · · Score: 1

      Your math is a bit off ... need more coffee?

      "($100*X/1), where X is the likelihood of apprehension in those circumstances. So if you have a 50% chance of evading punishment entirely, the fine needs to be over $200,"

      Since X/1 is the same as X, your expression is really ($100*X). Now if the chance of getting caught is 50% (0.5), $100*0.5 becomes $50, not 200.

      I think you meant ($100 * 1/ X), which becomes $100/X.

      If X is 0.5, then $100/X = $200.00

    25. Re:The consequences were that you got fired.. by Jeff+DeMaagd · · Score: 2, Insightful

      While there are certainly those that don't think any punishment would have been just for this case, I think there are many here that have the idea that the punishment is excessive.

      I do agree that copyright infringement* is wrong, and I do agree that violating a written or oral agreement is wrong too. I don't know if I would agree that a firing was the best option, nor do I believe that the punishment fit the crime.

      [*]a bone thrown to the pedants among us. In this case, I wish they would go away because the general feeling I get from them is that they are trying to justify it.

    26. Re:The consequences were that you got fired.. by TheRaven64 · · Score: 1
      but it mystifies me how so many would have been "caught" in a situation where they would have admitted this.

      If you'r R'd TFA... then you would have learned nothing other than someone has an interest in driving traffic to VarBusiness (whoever they are).

      If, on the other hand, you had read the article that the incoherent rambling linked article was talking about then you would have learned that they were overheard talking about having downloaded Leopard in the store, which caused Apple Corporate to launch an investigation.

      --
      I am TheRaven on Soylent News
    27. Re:The consequences were that you got fired.. by Underbruin · · Score: 1

      A problem with your logic - it assumes that the 'chance' of being caught can be one reasonably large so as to make confessing a worthwhile consideration while keeping the punishment from being exceedingly out of proportion to the crime. However, this likely doesn't apply to downloading a piece of software (huge numbers of crimes of this nature are committed every day, with an extremely small percentage actually caught as far as I know). If there is only a .001% chance of being caught, for example, we can calculate your "price point" for a punishment value imagining a piece of software worth $100 (by the way, your equation is wrong - it should be $100/X - if there's a 50% chance of being caught, punishment Y needs to be greater than 200 = 100/.5, not 100*.5 = 50). $100/.00001 = $10 million.

      Let's set aside for the moment the fact that there is very little chance of a +$10 million punishment being levied against somebody stealing a piece of software worth $100. A significant portion of the possible "thieving population" will, even if the punishment were to be set successfully at +$10 million, be willing to attempt to break the law anyway because of the microscopic likelihood of being caught, simply because human beings are not completely "rational" creatures, despite what Econ 101 might try to argue. :)

    28. Re:The consequences were that you got fired.. by rahrens · · Score: 1

      Oh, please, elistism? That's just insulting.

      They got caught violating their NDAs. Part of that NDA involves not getting unauthorized access to company information they have no need to know or regular access to, I'd be willing to bet. Any NDA I'd write for employees in that kind of business certainly would. Doesn't matter where or how they got it - they had no right or need to have it, they had it - case closed. The NDA probably spells out the consequences for violations, which is most probably termination.

      And any lawyer will tell you that if they make a practice of NOT terminating where the agreement says they should, that could jeopardize their position in any future employee suits over improper termination.

      Taking action under an agreement where one party has willfully violated that agreement is not schoolmarmish behavior, it is proper and expected.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    29. Re:The consequences were that you got fired.. by TheRaven64 · · Score: 1

      I agree that they did something wrong, but I could also argue that they needed to do so in order to do their jobs properly. They were all working in Apple Retail stores, and I have no doubt that they were flooded by questions from customers about Leopard. Without some experience with it, there is no way they could give honest answers. I am surprised that Apple doesn't distribute a copy of the betas to retail outlets to give them an idea of what they are going to be selling.

      --
      I am TheRaven on Soylent News
    30. Re:The consequences were that you got fired.. by nutshell42 · · Score: 2, Insightful
      If being able to look at yourself in the mirror was a proper incentive, communism would have worked.

      Face it, if people have to choose between lying in a relatively minor case (honestly, what was the damage in this case? I wager all of them would have bought Leopard anyway and they'd have used their new-found knowledge just for hyping the product, the very foundation of Apple's success =) and losing their job they will lie. Many bankruptcies and large accidents are the result of people lying in cases of major misconduct to keep their job.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    31. Re:The consequences were that you got fired.. by MaestroRC · · Score: 5, Informative

      We all know Apple is incredibly protective of their IP. Part of that IP is keeping everyone from just being able to get a copy of what they have in development, so as to keep some things closed and hidden until *they* want to talk about it.

      Note: I AM an Apple employee, and I would expect that if I did the same, I would face the same punishment. Apple's new hire training actually goes over all of this, and states exactly the punishment for doing anything against their policy. Part of that policy is that if you use or divulge unreleased software or information without the proper authority, you *will* be fired, at the least. I'm sure if they wanted to, they could have taken this much further.

      Think here for a minute, these guys downloaded an illicit copy of Leopard, knowing that just that was grounds for being fired, *and then* proceded to talk about it at work, where they were overheard. Surprising to me would be if they *didn't* get canned.

      --
      I hate sigs...
    32. Re:The consequences were that you got fired.. by jcr · · Score: 1

      they didn't re-share it

      Yes, they did. Look up how BitTorrent works.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    33. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      Unfortunately, at least here in the USA, that mindset hasn't been taught to the kids in quite a while... probably because the parents aren't around to teach it. These days it's all about what you can get away with and the more you can get away with, the more 'fun' and 'rewarding' it is. I personally know people who will spend more money in CD/DVD media attempting to burn copy protected games and other stuff (movies/songs) than just buying the thing outright from a store. They have no qualms about it and can look at themselves in the mirror just fine... in fact, the more they 'get away with' the more cool they think they are.

      Combine that with the "nothing is my fault, it's always someone else's fault" litigation mindset that many have, and you've got a whole bunch of first rate people there...

    34. Re:The consequences were that you got fired.. by gEvil+(beta) · · Score: 2, Informative

      Firing is an expensive act. Apple can expect to lose the productivity the fired employee would have given to the company during the time it recruits and trains the replacement, and recruiting is hardly cheap either.

      You're talking about some schmucks working in their retails stores. This is hardly on the same level as an engineer who has deep internal knowledge of things and must be debriefed so his team won't lose ground...Not to mention, as others have said, when you illicitly take something from your employer, then proceed to talk about the action while at work, then boohoo for you if you get fired...

      --
      This guy's the limit!
    35. Re:The consequences were that you got fired.. by Haeleth · · Score: 5, Insightful

      It is this inability to read and comprehend what someone else has actually written, instead insisting on merely glancing at their words and assuming they say what you expect, that makes me despair for the future of society.

      Let's do some reading.

      What you claim: "You act as if they have a God-given-right to work at Apple."
      What he really said: "Apple can hire and fire whoever they want, for whatever (legal) reason."

      What you claim: "What we have now is the whining of somebody who doesn't like that he is being held accountable for his own actions."
      What he really said: "The complaint is not that they were punished at all, it's that the punishment was excessive and gives nobody any incentive to be honest."

      Welcome to the wonderful world of the straw man argument, where answering people's points is too hard, so you just pretend they said something stupid instead and tell them how stupid they were to say it. You've got a bright future ahead of you in politics.

    36. Re:The consequences were that you got fired.. by jcr · · Score: 1

      I agree that they did something wrong, but I could also argue that they needed to do so in order to do their jobs properly.

      Apple management disagrees with you. Retail employees get trained on new releases when they're close to shipping.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    37. Re:The consequences were that you got fired.. by Elemenope · · Score: 2, Interesting

      There is absolutely no doubt that Apple shot themselves in the foot multiple times on this one. As you say, it probably would be smart to show the product to the salespeople. However, that they didn't do the smart thing doesn't mean that those salespeople then should take it upon themselves to peek.

      If they were getting questions about Leopard, what they should have done was one of three things:

      1. Been honest to the customer and said 'I dunno.'

      2. Sold the customer up on the 'super-secretness' of the software and how that indicates its awesomeness, or some equivalent sales crap (that's what they get paid to do)

      3. Tell Apple Corporate (probably through their bosses) that they are getting XYZ questions about Leopard and need answers to give people, in lieu of having personal experience with the software.

      Instead they selected 'none of the above' and went for some lone wolf shit. Your bosses being idiots does not give you leave to disobey them; after all, the contractual obligations that an employee has to an employer generally includes their having to listen to the employer. That is, primarily, why you get the green (or in other countries, multi-colored) stuff. Only when the employer is doing something either illegal or unethical does this cease to be true.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    38. Re:The consequences were that you got fired.. by Haeleth · · Score: 1

      The point is that "accepting responsibility for one's actions" is being used to mean "looking for an optimal outcome given one's actions".

      Who said anything about an optimal outcome? Why this assumption that "they shouldn't necessarily have been fired" must automatically mean "they shouldn't have been punished at all"? The point is that people who accept responsibility for their actions might reasonably hope to avoid the worst outcome, which they might reasonably expect to be reserved for those who refuse to acknowledge that they have done anything wrong.

      There are plenty of disciplinary measures available that don't involve termination. Nobody is saying that these employees should not have been punished for breaking the law and violating their employer's trust. They did something bad. Apple was right to punish them. All people are saying is that it is not completely and absolutely obvious that firing was the one and only way in which they could possibly have been punished for their wrongdoing. All we are saying is that the possibility should be considered that it might have been better for Apple to fine them, suspend them, or demote them rather than terminating them. We aren't even saying that that is definitely the case. We are merely suggesting that the possibility be considered.

      I despair of Slashdot. It seems not only have people given up on reading the article and then on reading the summary, but they now don't even bother reading the comments they reply to. They just click on a random "Reply" link and type in a devastating rebuttal to a point of view that nobody actually holds. Yay for intelligent debate.

    39. Re:The consequences were that you got fired.. by servognome · · Score: 1
      even if the punishment were to be set successfully at +$10 million, be willing to attempt to break the law anyway because of the microscopic likelihood of being caught, simply because human beings are not completely "rational" creatures, despite what Econ 101 might try to argue. :)

      Actually that is rational. The risk of getting caught is sufficiently low to justify taking a chance.
      People are rational, its just that they are so complex that we can't fully understand and predict their actions.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    40. Re:The consequences were that you got fired.. by GeckoX · · Score: 4, Insightful

      True, all very true.

      And yes, Apple has every right to handle these things however they like.

      I do have to argue though that Apple creates these circumstances themselves. Think about it:

      Apple's working on this new release of their OS. Everyone that works there knows it. No one has seen it. No one there can use it, even though they are building it. It's all very hush hush and secretive, very typical Apple style. A build gets leaked onto the internet...a couple employees find it...Hey! I'm working on that! I'd sure like to see it, sheesh, what's the harm if any script kiddie out there can play with it, why can't I play with the darned thing that the company I work for built?

      Apple is NOT the DOD. They can, but maybe shouldn't treat their employees like they are.

      --
      No Comment.
    41. Re:The consequences were that you got fired.. by GeckoX · · Score: 2, Insightful

      Lets throw this idea out there:

      Do you think MS makes their employees pay for Windows?

      Do you think MS is hiding Vista from all of their employees?

      Do you think an MS employee would have to go a download a leaked copy if they wanted to try out the software the company they are working for is building?

      Note that I'm not suggesting Apple was outside of their bounds, they had every right to do this.
      That doesn't make it a good decision.

      Where before firing, they had a few employees that would have been talking up the benefits and features of Leopard...instead they now have ex employees that will probably be slinging crap in Apples direction for the rest of their days.

      Yes, Apple is right, but are they perhaps too right?

      --
      No Comment.
    42. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 1, Insightful

      Hm... Trying to compare Vista with Leopard is funny. Let's look at development times and stages.

      Vista has been in development for 4(?) years and is in 'public' beta right now. 'public' as in anyone who actually would want to test it can get it.

      Leopard has been in development for 1 year and is NOT in 'public' beta. Anyone who receives a copy of it legally signs a NDA.

    43. Re:The consequences were that you got fired.. by cgenman · · Score: 1

      The 5 employees were actually at the retail stores, not developers.

      But it's still stupid. They're not accused of uploading anything, just downloading. It's not a stolen copy, it's a developer copy. They're going to have to sell this thing in a few weeks, and there aren't exactly any surprises in it.

      Don't punish your most ardent, outspoken fans.

    44. Re:The consequences were that you got fired.. by elrous0 · · Score: 1
      he incentive to tell the truth in the first place is being able to look at yourself in the mirror.

      Assuming you can still afford a mirror, with no job.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    45. Re:The consequences were that you got fired.. by Alpha+Soixante-Neuf · · Score: 1

      They got fired 'cause Apple does not want their retail employees talking about or answering questions on products until Apple says they should. I'd bet Apple tells retail employees, that if asked about Leopard to say you don't know anything. Apple has people who decide when to start divulging information about it's releases and any retail employee who disagrees with any corporate policy can expect to get canned the moment they can be heard disagreeing, let alone if they actively go out and try to go against the policy. I'm not saying any of this is right or nice, Apple is a corporation like and other and treats it's lower level employees like cogs in the machine. If a widget isn't 100% fully within tolerances it's disgarded, that's how these employees were dealt with. This doesn't even account for the fact that by Apple's standards, these employees stole from them. Getting fired without prosecution is the benefit of confessing instead of stonewalling. If all they'd done is openly discuss details of Leopard while working in the store, they could probably have been fired if it took corporate's notice. Even if when asked they just said they were repeating what they'd heard about Leopard and never admitting to actually having downloaded a copy. IMO once the rumor was out there from talking at the store their jobs were over, even if nothing could have been proven.

      --
      "The world is a tragedy to those who feel, and comedy to those who think." -- Shakespeare
    46. Re:The consequences were that you got fired.. by SlamMan · · Score: 1

      We're talking the retail folks here, not the dev staff or engineers. Somehow I doubt the secretaries and janitors at Microsoft are allowed to download beta builds of vista.

      Even worse, the Apple genius are a function of the sales are. Do you want marketing to know about all the things that may or may not be in your shipping product?

      --
      Mod point free since 2001
    47. Re:The consequences were that you got fired.. by Arcady13 · · Score: 1

      Apple Retail employees get trained? On what? How to walk to the back of the store and ask someone else every single question? The people that work there are clueless.

    48. Re:The consequences were that you got fired.. by ShecoDu · · Score: 2, Funny

      "Hey boss the other day I copied some of your top secret files from your computer, I just wanted to let you know, we're cool, right?"

    49. Re:The consequences were that you got fired.. by LifesABeach · · Score: 1

      Your definition "admitting guilt but denying any repercussions" is good, but wouldn't it be more accurate to say, "admitting guilt but not responsibility"?

    50. Re:The consequences were that you got fired.. by Black-Man · · Score: 1

      How do you know if they hadn't confessed they would have been prosecuted?

    51. Re:The consequences were that you got fired.. by Svartalf · · Score: 1

      That is an interesting point. But how does one otherwise download it? Get a friend to infringe?

      I think Apple did themselves out of an opportunity to deal with some of the infringers by
      absolving the employees of wrongdoing in this instance and using their testimony to go
      after the people running the tracker that got put up in hopes of shutting the thing down
      as well as maybe getting their hands on the name of the person that leaked the thing in
      the first place.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    52. Re:The consequences were that you got fired.. by shinma · · Score: 1

      These are Apple Store employees.

      They were not, by any stretch of the imagination, "working on Leopard." If one were part of the Leopard project, one would be authorized to use Leopard. These five employees essentially stole from their company. Admitting their guilt or not, firing employees involved in theft is standard policy at every company I've ever worked for.

      --
      Shinma
    53. Re:The consequences were that you got fired.. by Alfred,+Lord+Tennyso · · Score: 1

      Since "responsibility" was part of the thing I was defining, that would have made the definition circular, which would have made the joke less funny (since "circular definitions" are their own joke, and if you cross two jokes they sort of interfere with each other, at least in my opinion of joke-telling).

    54. Re:The consequences were that you got fired.. by yardbird · · Score: 1
      Why this assumption that "they shouldn't necessarily have been fired" must automatically mean "they shouldn't have been punished at all"?


      I agree the punishment was harsh. I'm not defending Apple. I just didn't like the statement in the summary, "Because we had the character to tell the truth and to face the consequences of our actions, we were terminated." It's a weaselly way to put the blame on someone else, denouncing the consequences by claiming to accept them. We would (and do) cry foul for that sort of talk from politicians and CEOs, so why not when it comes from regular folks as well?
      --
      Free, legal music for iTunes users.
    55. Re:The consequences were that you got fired.. by nege · · Score: 1

      I wish I had mod points for you. This is very typical of /. and something I have been meaning to say. I think its pretty true across the internet too. (OMG never read the WoW forums, it will make your eyes bleed)

    56. Re:The consequences were that you got fired.. by saintlupus · · Score: 1

      Jesus, you just gave me a horrible vision of Microsoft opening a chain of retail stores.

      *shivers*

      As if those stupid Gateway Country joints weren't bad enough.

      --saint

    57. Re:The consequences were that you got fired.. by LearnToSpell · · Score: 1

      Pedants? If I stabbed you in the eye, should I be charged with jaywalking? Or am I misunderstanding your little dig? Copyright infringement and theft are not the same. They never have been. They never will be.

    58. Re:The consequences were that you got fired.. by Blakey+Rat · · Score: 2, Interesting

      I'm guessing they have a company lawyer that insists they follow the exact letter of the Apple Employee Handbook, regardless of the circumstances. Making exceptions leads to expensive lawsuits, and it's not like they didn't know the rules when they downloaded it.

    59. Re:The consequences were that you got fired.. by Egatlov · · Score: 1

      If you click through to the ThinkSecret article you'd notice that they're NOT Apple Developers. They're not working on the system. If they were developers, they'd have access to the developers build, and all the non-released builds as well.

      These were Apple RETAIL STORE employees. They downloaded something they shouldn't have, that violated an agreement they had signed when they started the job. They then proceeded to discuss this AT WORK, their boss overheard and the corporate office in Cupertino got wind of it. They are easily replacable employees, being that they're just retail salespeople, so they were fired. This whole thing about lying and keeping their jobs wouldn't have worked anyway, as their boss had overheard their discussions about it, so there was no opportunity for them to lie.

      Apple is making it very clear that they don't want the type of people who would act DIRECLTY AGAINST corporate philosophy working for them, even more so if those people do no real technical work for the company.

    60. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      All I know is that running a network with 30+ macs with desktop and server, my rep has encouraged me to pirate software to keep my costs down so that I can buy more hardware. I have been told by high level Apple employees while at NAB (National Association of Broadcasters) that Apple wants to make their money on hardware and not software. The steps they keep folks from sharing software are NONE. There is no serial numbers. So really, they see part timers at a mall that they can make an example out of and screw them big time.

      I just feel that Apple is crazy over the little things and don't care enough about the big things....sometimes....

    61. Re:The consequences were that you got fired.. by Smidge204 · · Score: 1

      I'm sure they can borrow a few of the RIAA lawyers to make their case. They won't even have to figure out which employees downloaded it!

      =Smidge=

    62. Re:The consequences were that you got fired.. by soft_guy · · Score: 1

      They gave out copies at WWDC. They should assume it will appear on bit torrent. I made that assumption.

      I did attend WWDC and I have a copy of Leopard sitting right here next to me. I didn't share it with anyone - I'm using it for legitimae uses (i.e. making sure my app works on Leopard, taking advantages of new features, etc.) Someone even asked me for a copy and I said no. Still, I fully expected it to appear on Bit Torrent.

      --
      Avoid Missing Ball for High Score
    63. Re:The consequences were that you got fired.. by kannibal_klown · · Score: 1
      Apple Retail employees get trained? On what? How to walk to the back of the store and ask someone else every single question? The people that work there are clueless.
      I guess it depends on the store. The one by me is filled with people that know what they're talking about. The only time they have to "go to the back" is when I ask if they have something in stock.

      When I was thinking about getting an iMac Duo I went on 3 seperate days. Each day I was talking to someone completely different, each time they knew what they were talking about (and their info meshed with the other people's). I guess my store just has more knowledgable people working there.
    64. Re:The consequences were that you got fired.. by soft_guy · · Score: 1

      No. What you are saying is that they should hold people who don't work for Apple to a higher standard than they hold their own employees.

      Apple did the right thing. I'm sure they are investigating this further to try to find the person who posted it to bittorrent in the first place.

      I think it is a losing battle given that the number of Apple Developers is increasing right now (along with Apple's marketshare, etc.) As long as they are in an expanding market, there will be new Mac developers all the time. As long as they continue their policy of giving pre-release copies of the OS to developers, there will be developers who are new to the Mac who don't understand or care about Apple's policies and will leak. And it only takes one person to leak for it to be everywhere.

      The alternative is even worse. They could NOT give out pre-release copies of the OS. Then, third party application might break. Developers wouldn't know about the breaks until the OS was actually shipping which means people who bought the OS early would be very likely to encounter problems that would break their applications.

      The only alternative I can think of would be a program where the developers submit their applications to Apple for compatibility testing. Or perhaps developers could only do compatbility testing with the new OS at the ADC compatibility labs. This sounds expensive and inconvienient for everyone.

      So, the best course of action is probably for Apple to continue to fight leaks the way they are currently doing on a case by case basis.

      --
      Avoid Missing Ball for High Score
    65. Re:The consequences were that you got fired.. by soft_guy · · Score: 1

      I don't see how "Apple shot themselves in the foot". The employees, yes. Apple, no.

      --
      Avoid Missing Ball for High Score
    66. Re:The consequences were that you got fired.. by dubiousmike · · Score: 1

      It just strikes me that Apple seems to have been sending out mixed messages at times. Good retail help is hard to find and its sad that these folks were canned getting software they could have gotten for free and without fear of termination had they been able to attend WWDC. Perhaps if Apple paid them more, they could have made it out there. :D

    67. Re:The consequences were that you got fired.. by drinkypoo · · Score: 1
      In this case, I wish they would go away because the general feeling I get from them is that they are trying to justify it.

      I do have to say, if Apple would just give it to their employees, which they really should be doing, then they wouldn't have this problem.

      But aside from that, I just can't get choked up about people avoiding paying for something that would have been a service pack if it came from MICROS~1.

      I do not believe all copyright infringement is wrong, and no amount of convincing will, uh, convince me. It doesn't mean I think it's all right, either.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    68. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      yes they can

    69. Re:The consequences were that you got fired.. by drinkypoo · · Score: 2, Insightful
      Welcome to the wonderful world of the straw man argument, where answering people's points is too hard, so you just pretend they said something stupid instead and tell them how stupid they were to say it. You've got a bright future ahead of you in politics.

      This very phenomenon is the thing that gets me most pissed off while here on slashdot. Yes, I know the saying about arguing on the internet, and the special olympics and all that, and I even agree with it, so hand me my helmet because I just can't bring me to stop going off on these stupid fucks who can't be bothered to rebut your actual comment, and instead attack things you never even said.

      I have to wonder if the problem is an inability to grasp english (and I'm talking about people for whom english is their first language, here) or just plain stupidity... But what is worst is when you castigate someone for their erroneous railing against what you never said, and they proceed to argue with you about what you meant.

      I suggest a new slashdot logo, consisting of the old familiar /., inside a handbasket, descending into flames.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    70. Re:The consequences were that you got fired.. by drinkypoo · · Score: 2, Insightful
      Vista has been in development for 4(?) years and is in 'public' beta right now. 'public' as in anyone who actually would want to test it can get it. Leopard has been in development for 1 year and is NOT in 'public' beta. Anyone who receives a copy of it legally signs a NDA.

      Your comments on availability are relevant but the length of development time is not. Apple and Microsoft are both making point releases and as such there is nothing major here. Some nice window dressing, that's it. Well, that, and Vista is becoming more restricted. Regardless, the simple fact is that Apple is making a minor upgrade and preparing to recieve their influx of cash from all the people who decided they'd rather support the arrogant, proprietary-specification jackholes at Apple than work to make Linux better - OSX doesn't do anything Linux can't, it's just got more polish. People tend to forget this while they're masturbaring over screenshots.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    71. Re:The consequences were that you got fired.. by aminorex · · Score: 1

      Bzzt. RTFA. They "downloaded" Leopard. They did not release it. They caught it. These people would get a zillion copies of the official release when it came out, but they wanted to prepare to do their jobs better by getting an advance look at it, like a few million of the customers they need to support. Apple is just shit-headed, firing people for trying to do their jobs better.

      --
      -I like my women like I like my tea: green-
    72. Re:The consequences were that you got fired.. by aminorex · · Score: 1

      Downloading is not copyright infringement. Uploading may be copyright infringement, depending on the content.

      Firing your front-line customer support people for trying to understand what the hell you are paying them to do is just freaking stupid. Apple = Stupid.

      --
      -I like my women like I like my tea: green-
    73. Re:The consequences were that you got fired.. by aminorex · · Score: 1

      The people in question need to support this product to end users. Of course they need it to do their jobs. The moral of the story is simple Apple + Lawyer = Bullet Hole in the Foot.

      --
      -I like my women like I like my tea: green-
    74. Re:The consequences were that you got fired.. by aminorex · · Score: 1

      They were fired for trying to do their job, supporting Apple's customers and business. That's just idiotic.

      --
      -I like my women like I like my tea: green-
    75. Re:The consequences were that you got fired.. by 99BottlesOfBeerInMyF · · Score: 1

      The (ex)Apple employees are protesting that they came clean and yet endured the same punishment they'd have endured if they had not come forward but been caught anyway. The complaint is not that they were punished at all, it's that the punishment was excessive and gives nobody any incentive to be honest.

      Not punishing the as specified in the employment contract might cause Apple future legal headaches. Not having the employment contract take into account whether or not employees are honest is probably a poor business decision, but it is completely ethical, in my opinion. The incentive to tell the truth should not (ethically) be a lesser punishment, it should be having self respect.

      Apple can hire and fire whoever they want, for whatever (legal) reason. But that doesn't make this anything other than, at face value, assuming there's not more to it than TFA, a dumb decision.

      Given the exact circumstances, I'm not sure I agree. What is stupid is Apple not giving a copy of Leopard beta to every Apple retail employee in the first place and avoiding this whole issue. The product is announced and developers have it. Pirates and competitors have it by now. Store employees should have it if they want so they can start educating themselves and answer questions.

    76. Re:The consequences were that you got fired.. by arcain · · Score: 1

      I'm not sure of the point you're trying to make, but MS employees do need to pay for software. Their company store offers software at a discount. Just because you work for a company doesn't mean you get a free for all license on all their software.

      And I would guess that employees not involved with R&D (and even some involved with R&D) would not have access to various software that are being developed. Again, just because you're begin paid $12/hour to answer the phone for WGA issues doesn't mean you get a free for all license to all of MS's software.

    77. Re:The consequences were that you got fired.. by C0rinthian · · Score: 1
      Downloading is not copyright infringement. Uploading may be copyright infringement, depending on the content.
      So it's cool to download all the CD/DVD rips I want as long as I don't upload any?
      Firing your front-line customer support people for trying to understand what the hell you are paying them to do is just freaking stupid. Apple = Stupid.
      This line makes no sense. Apple is paying them to obtain copies of unreleased software? It's not like they're supporting Leopard yet...
    78. Re:The consequences were that you got fired.. by C0rinthian · · Score: 1

      Wow, you've posted the same thing 4 times in the past 10 minutes.

      Breaking company policy isn't 'doing their job' by any stretch.

    79. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0
      Is the world so black and white in Slashdot that if someone protests about being punished too hard, they can only be advocating no punishment at all?

      It's called being stuck in adolescence. You know you're an adult when you can think in shades of gray.

      It's not "us vs. them", "You're for us or against us.", etc.... but it's great politics! eg. The Bush Administration - er. at least it was.

    80. Re:The consequences were that you got fired.. by exp(pi*sqrt(163)) · · Score: 1
      People are rational, its just that they are so complex that we can't fully understand and predict their actions.
      I'll have to bookmark this comment. It's a particularly excellent example of an unfalsifiable statement that appears to have content but is actually completely vacuous.
      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    81. Re:The consequences were that you got fired.. by Elemenope · · Score: 1

      Because, and I know how moral crusaders who think that one bad act makes a bad person missed this, Apple probably lost some good employees over this. You know, showed up early, stayed late, worked hard, etc.. And they got what is, at best, neutral press over the whole incident, and it's downright bad press when you consider that the customer applesphere is populted by bleeding-heart compassionate types. Besides, if the thing was overly curious marketing types and not something more nefarious (and it appears for all the world like it was just a sneak-a-peek sort of thing) it was eminently avoidable by Apple if they had either a. released specs to the sales people or b. just showed them the damn thing.

      That's how Apple shot themselves in the foot. The employees? They shot themselves in the head. But, that's another topic altogether.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    82. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      Wrong, none of these guys were supporting or developing the software they downloaded given that the software has not even been released yet.

      --
      T Money
      World Domination with a plastic spoon since 1984
    83. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      None of the people in question need to nor are currently supporting the non public beta of a non shipping product. Hell Apple doesn't even support public betas (see BootCamp). They did not need the software to do their jobs.

      --
      T Money
      World Domination with a plastic spoon since 1984
    84. Re:The consequences were that you got fired.. by Skjellifetti · · Score: 1

      Er, no. Please re-read the 1st 30 or so pages of Von Neumann - Morgenstern Theory of games And Economic Behavior.

    85. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      No, store employees should not have it because they shouldn't be answering ANY questions. The beta is released to developers under NDA, that means no one should be talking about what is and isn't in it, and for a very good reason, features are subject to change. Compare the current views on Vista's ever shrinking feature list to the views of Leppords only half announced feature list. The fact that priates and competitors have it is irellevant, no part of the retail employee's job REQUIRES them to have or use the software.

      --
      T Money
      World Domination with a plastic spoon since 1984
    86. Re:The consequences were that you got fired.. by Brandee07 · · Score: 1

      I figure when Apple starts actually selling Leopard, the retail employees will get the training they need to sell/support it. Until then, they don't need it.

    87. Re:The consequences were that you got fired.. by soft_guy · · Score: 1

      And you know they were otherwise good employees how exactly? Also, it is my understanding that Apple has no problem hiring people to work in its retail stores.

      Furthermore, I can't imagine that the general public will care about this issue. Mac fans... I would be surprised to see anyone swayed by this in any real way.

      Balanced against a real need for secrecy, I think Apple did the right thing. The other alternatives aren't pretty (shutting down the seeding program, etc).

      --
      Avoid Missing Ball for High Score
    88. Re:The consequences were that you got fired.. by 99BottlesOfBeerInMyF · · Score: 1

      No, store employees should not have it because they shouldn't be answering ANY questions.

      Hi, I'm looking for a new laptop and I can't decide if I want a Macbook or a Lenovo. I'll need to be able to run DTrace on it by this time next year. Will OS X run Dtrace or should I save the money, get a Lenovo, and install Solaris on it?

      The beta is released to developers under NDA, that means no one should be talking about what is and isn't in it, and for a very good reason, features are subject to change.

      Apple demoed those features to a huge audience and posted it on a public Website. Apple store employees are no more likely to leak info from the OS itself than developers are.

      No part of the retail employee's job REQUIRES them to have or use the software.

      No, but then they don't ever need to have run Tiger either to run a cash register. Being more informed makes them a better resource for customers and that includes knowledge of upcoming products that are already announced and the ability to reference it for customers in the case of a specific question.

    89. Re:The consequences were that you got fired.. by ScrewYouTroll · · Score: 0

      No, it's the agreement itself that is insulting, if what you're saying is true. An NDA is supposed to say that you won't reveal private information you got inside the company to people outside. They didn't download Leopard using work resources, using access codes or passwords they got through work. It has nothing to do with their jobs except they were talking about it in the break room and some manager overheard it and decided to set an example with people who were within arms' reach.

      Apple fanatics feel justified in approving this action because they enjoy this sort of moral grandstanding, but it's pure opportunism on Apple's part. It has nothing to do with what an NDA should normally say, and they only took action against the employees because it was easy to do so. That is simply cowardly. If they want to take action, they should track down a bunch of people and sue them like the RIAA, and then we'll see if the Apple fanboys still like what's going on.

      Oh, and screw you. There's a reason this is a troll account. :D

    90. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      Not necessarily.

      As a teenager, I was pulling a stupid stunt involving walking on the roof of my van and hopping back through the sunroof. One afternoon (during school), my friends and I hopped in the car to pick some photos up from the developer (we were on the school newspaper staff). We drove off and ended up getting into an accident when I let one of my friends (not the brightest of them) steer while I hopped on the roof (I don't claim to be the brightest, either). He thought it would be funny to close the sunroof while I was on top so I couldn't get back inside, but he instead steered us off the road directly into a power pole. I made it inside the car just in time to crumple up against the windshield on impact, but aside from a little gash on the forehead was fine and the other two friends were dazed but fine.

      My friends told me to lie and say a cat was in the road and we served to avoid it. It would have been an easy lie -- no one around to say otherwise and my friends certainly were willing to cover. Instead when the cop arrived I told him exactly what happened. When my dad arrived, the sherrif laughed and told him he had an honest son. Stupid, but honest at least.

      I didn't expect to get off easy -- I paid for the damage to the car, my insurance, was grounded for a month, went to some form of discipline at school, etc.

      Had I lied I probably would have not have had to worry about any of that. But I told the truth, dealt with the consequences and didn't whine about it.

      So it's not so rare as you might think. Some people _do_ take pride in being honest.

    91. Re:The consequences were that you got fired.. by soft_guy · · Score: 1

      I'm not sure which part of your message is more ridiculous: the idea that Apple has a hard time filling positions at their retail stores, or the idea that some retail store employee should be attending WWDC. Yes, I attend WWDC, but I have been a professional Mac developer for 10 years. I could point to several products in the Mac catalogs that I have personally written. There is actual value in my attending WWDC - enough so that my company pays for my attendance, hotel, airfare, lost time at work, etc. I fail to see what benefit Apple would get from having their retail employees attend WWDC (engineers yes, retail no). It is not for fans. Are they really going to sit through lectures like "Multithreaded programming in Cocoa"? Would they get any benefit from that? They aren't writing applications, so why do they care about new programming APIs??

      The retail employees WILL be trained on Leopard before it comes out. (Although not about the programming APIs!) However, seeing it now doesn't benefit them because Leopard isn't done. They will have a hard enough time remembering details of the differences between Panther, Tiger, and Leopard without being confused about whether they saw something in the WWDC Leopard pre-release vs. the final GM Leopard. Seeing it now will only confuse and distract them. This is one of the differences between a retail sales position and engineering.

      Finally, it is my understanding that Apple typically has about 500 candidates for every position they have open up at their retail stores. Yes, it costs them to fire these folks because they have to train replacements. However, part of doing the job is following the rules on confidentiality. If they can't do their jobs in a professional manner, then they shouldn't be working for Apple.

      --
      Avoid Missing Ball for High Score
    92. Re:The consequences were that you got fired.. by ScrewYouTroll · · Score: 0

      I did in fact RTFA (in thinksecret), and it's exactly what I was talking about -- some manager took it upon himself to investigate a conversation employees were having despite that they were not using work resources to do what they were accused of doing. VarBusiness is a pretty standard trade rag which focuses on systems integrators and retail marketers, which is exactly what we're talking about here.

    93. Re:The consequences were that you got fired.. by Onan · · Score: 1


      Unless I'm mistaken about the roles of the employees in question, these people are not actually responsible for any non-trivial tech support.

      The role of standard employees in Apple retail stores is to recommend products to customers that match their needs well; to do this one needs only a working understanding of the functionality of the products, not the ability to do any deep troubleshooting. There are entirely separate sets of employees devoted to troubleshooting/diagnosis/repair tasks.

      It seems likely that Apple will provide some training to store employees on 10.5's capabilities, features, and improvements... when they feel the time is right to do so. Which will probably be after all those have been finalized and perhaps described to the public, and shortly before it's actually on their shelves. Again, this particular set of people only need to be able to show off Spaces or Time Machine, not to describe the new Core Animation API.

    94. Re:The consequences were that you got fired.. by Bert64 · · Score: 1

      This reminds me of school...
      Whenever something bad had been done, and the teachers had no idea who did it, they would announce the incident infront of the whole school. They would give us a talk about owning up to our actions, and then claim that they knew exactly who had committed the incident in question, and that they were giving this person the opportunity to own up to it. And that if they did, they would be in far less trouble.

      On several occasions, they were talking about things that I had done... I never once owned up to any of them, and never got in any trouble as a result. On the other hand, some people were often foolish enough to admit to what they'd done, and invariably got in a lot of trouble for it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    95. Re:The consequences were that you got fired.. by 99BottlesOfBeerInMyF · · Score: 1

      I reject your argument that customers are idiots and salespeople need to be forced by their own ignorance not to tell them anything not stupid simple.

      What part of what's in the beta do you think is public that the employee's don't already have access too?

      Can you move all the Windows in a virtual desktop to another at once? Sure you just hit a key combination (shift-space) and it works. Would I remember that from reading through 10 pages of PR stuff? No. Would I remember it if I did it a few times to try it out? Yup. Are salespeople the same way? Probably. Can you have different windows of the same application on different desktops? What if you are on a third desktop and click the application icon in the dock, does it take you to one of those desktops? Which one? Having used the feature an employee can answer these questions and I don't think it is giving away anything to competitors or anyone else. Having just read the marketing stuff, an employee has no idea.

      The employees do have as much information as their customers do.

      Unless the employee happens to be a developer or happens to have downloaded a copy of the beta from one of the many Websites that are now hosting it. Then the customer has more info than the salesperson, which is not particularly good for business.

    96. Re:The consequences were that you got fired.. by tehlinux · · Score: 1

      It's Leopard. Illegal Leopard!

      --
      Most linux users don't know this, but the man pages were named after Chuck Norris. Chuck Norris fsck'ing hates noobs!
    97. Re:The consequences were that you got fired.. by spir0 · · Score: 1

      The (ex)Apple employees are protesting that they came clean and yet endured the same punishment they'd have endured if they had not come forward but been caught anyway. The complaint is not that they were punished at all, it's that the punishment was excessive and gives nobody any incentive to be honest. The definition of honesty is being skewed here for the sake of Political Correctness. The honest thing to do would have been to *not* pirate the software. What sort of a message are we sending to people if they get off with a lighter punishment because they admitted to it? Yes it's OK to steal, as long as you fess up? We'll forgive you. That might work in an ideal Christian world, but in real life, if you break the rules/laws/contracts, there are consequences. Just because you're "man enough" to admit you did something illegal does not change the fact that you did something illegal. Further, it has made its own future investigations harder because it will not get the cooperation of employees who see themselves as ultimately loyal. You mean other loyal employees who are also stealing software, but have not been caught yet, or just everyone in general? I think you'll find that nobody thinks the same, and you'll have some extremist loyalists who will be disgusted at the actions of these 5 rogue employees, and will cooperate above and beyond. Then you will have the loyal employees who haven't stolen anything, but will start questioning their motivations for staying loyal if Apple are just going to fire them for piracy anyway. And others will simply not give a frag. Ultimately, people are stupid. When you mix political correctness into the vat of stupidity, you get all new highs for cranial malfunction.

      --
      The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
    98. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      More mathematical way of expressing the problem is that there's non-linear relationship between money and satisfaction (or lack of them). It doesn't matter whether you are being fined by 1 million or 1 billion - you are going to be just as fucked anyway.

    99. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      I reject your argument that customers are idiots and salespeople need to be forced by their own ignorance not to tell them anything not stupid simple.

      Which is why I assert that you have never worked in retail sales.

      Can you move all the Windows in a virtual desktop to another at once? Sure you just hit a key combination (shift-space) and it works. Would I remember that from reading through 10 pages of PR stuff? No. Would I remember it if I did it a few times to try it out? Yup. Are salespeople the same way? Probably. Can you have different windows of the same application on different desktops? What if you are on a third desktop and click the application icon in the dock, does it take you to one of those desktops? Which one? Having used the feature an employee can answer these questions and I don't think it is giving away anything to competitors or anyone else. Having just read the marketing stuff, an employee has no idea.

      And if that is supposed to be public information why do you assume the sales person does not have access to that information? Do you know what information Apple provides it's sales people on the products? If not then why are you assuming that the information is not availible to them? The fact that they are unable to remember these facts without having an illicit copy of the OS is irellevant, they would still have access to the information through their approved channels. Again, if it's supposed to be public, they would have access to it.

      Unless the employee happens to be a developer or happens to have downloaded a copy of the beta from one of the many Websites that are now hosting it. Then the customer has more info than the salesperson, which is not particularly good for business.

      Right, the only way the customer would have more information than the sales person is if they've either signed an NDA and have the OS already (thus would not be asking the retail sales person about it) or if they have not signed the NDA and have the OS in which case the retail employee should not be discussing the information with the customer and the customer should again not be asking.

      --
      T Money
      World Domination with a plastic spoon since 1984
    100. Re:The consequences were that you got fired.. by Arcady13 · · Score: 1

      What the frell is an iMac Duo?

    101. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      There isn't a single bit of this comment that makes any sense or has any consistancy. You might want to think about rewording it. You reply sometimes as if the GP is advocating no punishment, and sometimes acknowledge that he isn't, but then treat "lighter punishment" as "no punishment".

      You're wierd. And I suspect not terribly bright. Let me guess, you're one of the people who gets excited and enthusiastic about prison rape every time you hear about a spammer getting caught, right?

    102. Re:The consequences were that you got fired.. by Arker · · Score: 1

      Yes, thanks, you're completely correct, I obviously didn't have enough caffeine in my bloodstream when I wrote that ;)

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    103. Re:The consequences were that you got fired.. by exp(pi*sqrt(163)) · · Score: 1
      Here are some definitions of rational I pulled off the web:
      1. consistent with or based on or using reason; "rational behavior"; "a process of rational inference"; "rational thought"
      2. intellectual: of or associated with or requiring the use of the mind; "intellectual problems"; "the triumph of the rational over the animal side of man"
      3. capable of being expressed as a quotient of integers; "rational numbers"
      4. rational number: an integer or a fraction
      5. having its source in or being guided by the intellect (distinguished from experience or emotion); "a rational analysis"
      I don't see that the weather could be described as rational by any of these definitions, even with a good stretch of the imagination.
      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    104. Re:The consequences were that you got fired.. by Arker · · Score: 1

      The calculation problem is real, but not insoluble. The real trick is that it cannot be solved centrally - you have to have some sort of distributed mechanism to be able to approximate it.

      The rest of your post pretty much goes on to sketch another good argument against making downloading illegal. Fines that are higher than the violator can be expected to earn in a lifetime are so high as to be meaningless, and ineffective. And setting a fine so out of proportion with the actual 'value' attributed to the 'crime,' even if it were not effectively so high as to be meaningless, destroys public faith and respect in the legal system anyway. The cost of effective enforcement in this case is far in excess of any benefit to society that could be argued, and the cost of *ineffective* enforcement may be even higher.

      And no, humans aren't completely rational, not by any stretch of the imagination. However, they are much more rational than many people give them credit for, and the assumption actually holds fairly well when applied in aggregate to a large group.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    105. Re:The consequences were that you got fired.. by servognome · · Score: 1

      Here's a definition I pulled off the web:

      3. in accordance with reason and logic: presented or understandable in terms that accord with reason and logic or with scientific knowledge

      It is generally accepted that the weather behaves in a logical manner. Its unpredictability is due to our lack of understanding of the mechanics.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    106. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      Any NDA that i've seen from companies has always included a part (or at the least it's been a sperate company policy) on copyright infringement, especialy as it pertains to the companies own products. Furthermore, NDAs often cover unauthorized distribution AND acquisition of items covered under the NDA.

      --
      T Money
      World Domination with a plastic spoon since 1984
    107. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      Correction: Some manager took it upon himself to investigate a conversation Apple employees were having about Apple employees infringing on Apple's copyright and violating company property. These kids weren't talking about cracking a $20 shareware app, they were doing this with company property, if that isn't down right stupid I don't know what is. (And yes, they could have been fired for cracking the $20 app too, companies employing people they know to be actively breaking laws is a good way to get sued.)

      --
      T Money
      World Domination with a plastic spoon since 1984
    108. Re:The consequences were that you got fired.. by kannibal_klown · · Score: 1

      My bad. Was trying to shortly say "new iMac with Intel Core Duo processor, not an older G5." Considering it was only out for a little while at that point, I was impressed with how much they knew. They'd obviously researched the matter (or were at least well-trained).

    109. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      You might want to think about re-reading it.

    110. Re:The consequences were that you got fired.. by mr100percent · · Score: 1

      Mac OS 10.2, 10.3, and 10.4 were all released while Vista was vaporware. Vista isn't totally public beta, and Leopard is public in that you can sign up as a developer, pay the fees and get a copy and test it.

    111. Re:The consequences were that you got fired.. by mr100percent · · Score: 1

      Proprietary? Apple loves open standards. Look at their Apache webservers, Jabber clients, open source Darwin and opensource Streaming server, etc. Sure, there's much more room for improvement, but look at how Microsoft is fighting OpenDocument standards and Apple released Kerberos code without an NDA (something Microsoft required).

    112. Re:The consequences were that you got fired.. by ars · · Score: 1

      There is an interesting legal rule in Jewish law: (only for monetary matters) if the court knows about something you did because YOU told them, you can not be fined.

      You are required to repay the money stolen or whatever, but no punitary fines can be applied.

      Also in more serious cases (capital, assault, etc) a person is not allowed to testify against himself, any such statements are automatically ignored.

      --
      -Ariel
    113. Re:The consequences were that you got fired.. by Scudsucker · · Score: 1

      Industrial espionage is expensive too. Creating a culture that accepts theft of company property is expensive.

      Considering said employees did neither, wtf are you talking about?

    114. Re:The consequences were that you got fired.. by Anonymous+Freak · · Score: 1

      The point is...

      The minimum acceptable punishment for Apple is: firing.

      The maximum reasonable punishment for Apple is: firing.

      There is no middle ground. The fact that they did it means firing. Period. It's like being caught with drugs and 'pleading' to misdemeanor 'possession of a controlled substance' where the only punishment the law allows is 30 days in jail. That's the minimum. That's what you get. Yet there are people getting caught and going through a trial that get the exact same punishment. That's just the way the system goes.

      Besides, were any employees caught, and *DIDN'T* come clean? If so, what punishment did they receive? If none didn't come clean, then these guys have no basis for comparison.

      Sorry, I still have no sympathy for them. When I worked for Intel, I never violated my NDA, nor did I seek out NDA-ed info/property outside of work. (Which would have been the equivalent of what these guys did. They didn't directly violate their own NDA, they participated in violation a separate Apple NDA, that they weren't even subject to.) And if I *HAD* gone and violated a separate NDA, I wouldn't have gone bragging about it at work. I worked in the server division. We had SOME information about upcoming CPUs, but only the bare minimums (the same as all other server vendors,) if I had gone and learned info about the (then still heavily NDA-ed) Itanium processor, I wouldn't have gone on about it at work. Or take a Microsoft example: If I was a random MS employee, and I downloaded a copy of Vista before that public beta had been released, I wouldn't go blabbing about it at work. That's just asking for trouble.

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
    115. Re:The consequences were that you got fired.. by Zhe+Mappel · · Score: 1
      The term "accepting responsibility" has taken something of a beating lately. The new definition is "admitting guilt but denying any repercussions". Please update your dictionaries.

      Sure. And is it any wonder?

      We live in a society where CEOs run trillion dollar scams, bleeding states dry and destroying the livelihoods of thousands (but didn't mean to, honest!). Our leaders make up evidence to go to war (but truly believed their own inventions). Our athletes take drugs to hit homers (but just take each day at a time). One of the year's leading novels turns out to be heavily plagiarized (but it was unintentional!). Our journalism is pre-digested, airbrushed, paid for by government and fed to us by smiling automatons lacking conscience or wit (but it's all for our own good!).

      When the example at the top's so lame, why should retail clerks not sing the same self-serving songs when caught red-handed? They aren't idiots; they've noticed that invariably, in America, spin is what separates the men from the boys. While he may not have lasted in the trenches, this enterprising young scofflaw has a hell of a future in politics.

    116. Re:The consequences were that you got fired.. by 99BottlesOfBeerInMyF · · Score: 1

      Which is why I assert that you have never worked in retail sales.

      Too bad you're wrong about that.

      And if that is supposed to be public information why do you assume the sales person does not have access to that information? ...Again, if it's supposed to be public, they would have access to it.

      I'm not asserting that it is public knowledge, I'm asserting that it would probably be public knowledge if Apple had the time to write up more exhaustive and better explanations of how the features they demoed worked, and if they thought anyone would read them.

      If not then why are you assuming that the information is not availible to them?

      It doesn't matter if it is. Very few sales people are going to spend hours reading exhaustive descriptions of these features or remember it is they do. A lot of them, however, will probably spend a few minutes using these features to gain the same info.

      Right, the only way the customer would have more information than the sales person is if they've either signed an NDA and have the OS already (thus would not be asking the retail sales person about it)...

      Do you know what it takes to get into the WWDC and get a copy? Money. A lot of the people who went were sponsored by their respective companies. Some of them never even bothered to install the beta OS anywhere. They may very well have access to better information than the sales employee, but not have the time or motivation to actually install the OS and figure something out for themselves.

      ...or if they have not signed the NDA and have the OS in which case the retail employee should not be discussing the information with the customer and the customer should again not be asking.

      I see, so you're arguing that if customers know more about the product, even though they haven't signed an NDA it won't make the sales guys jobs harder? Like when you're in the store and some moron who downloaded the beta contradicts a sales guy talking to a different customer and the sales guy has no knowledge with which to counter those claims. "DTrace in OS X is incompatible with the output files of Solaris Dtrace. I tried and there was no way to get the standard files output. Buy a Lenovo." Is that a true statement or is the guy saying it just incompetent and did not bother using the CLI option? Is it optimal that an Apple sales employee doesn't even have a way to find out even though the average Joe on the street can with bittorrent and a little messing around?

      Keeping the sales guys ignorant when the beta is already leaked to anyone who wants a copy is not helpful. It provides no advantage to Apple.

    117. Re:The consequences were that you got fired.. by MoneyT · · Score: 1

      I see, so you're arguing that if customers know more about the product, even though they haven't signed an NDA it won't make the sales guys jobs harder? Like when you're in the store and some moron who downloaded the beta contradicts a sales guy talking to a different customer and the sales guy has no knowledge with which to counter those claims. "DTrace in OS X is incompatible with the output files of Solaris Dtrace. I tried and there was no way to get the standard files output. Buy a Lenovo." Is that a true statement or is the guy saying it just incompetent and did not bother using the CLI option? Is it optimal that an Apple sales employee doesn't even have a way to find out even though the average Joe on the street can with bittorrent and a little messing around?

      Again, if the information is supposed to be public the sales person will have access to that information. You assume our retail sales joe average is even going to use DTrace. Furthermore, so what if the random customer who downloaded a pirated version says that, as you already pointed out, the software is beta, going from your assumption that the customer knows what that means, then all the sales person has to say is the software is not finalized and there's no way to say for sure. The customer could say that leapord killed his mother by causing the computer to emit brain eating cancer waves and it would be irellevant. The software is not finished and the features are not finalized and therefore what it can and can't do yet is irellevant to a sale's persons job.

      I've said it before and I'll say it again, there is no legitimate reason the sales person in question would need access to the unfinished OS in the course of their job duties that would not be covered under the information that they would already have at their disposal.

      --
      T Money
      World Domination with a plastic spoon since 1984
    118. Re:The consequences were that you got fired.. by DanQuixote · · Score: 1


      Welcome to the wonderful world of the straw man argument,

      Aah, but what you call "straw man", others call "deeper understanding".

      If Apple wants to treat their employees that way, yes it is their right. However it seems obvious to a number of people (including me) that this is an over-reaction based on fear and control issues.

      --
      "We think people rightly feel that once they buy something, it stays bought," --Suw Charman, Open Rights Grp
    119. Re:The consequences were that you got fired.. by drinkypoo · · Score: 1

      Don't get me wrong, Apple is miles wider open than Microsoft. But at the same time, my 110 HP Subaru is significantly more powerful than a Yugo, but so what?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    120. Re:The consequences were that you got fired.. by dubiousmike · · Score: 1

      I wasn't suggesting that Apple has a tough time getting help in the retail stores. But having worked for a few years in retail in Levi stores, Structure and Express while in college, I know that GOOD help is hard to find and that I feel that the offense they committed (and yes I agree that there was an offense, just am debating the severity of it) did not warrant their termination especially given that had they done something like attend WWDC, they could have received a free copy.

      Now, would it be a bit rediculous for them to attend WWDC? Sure. I know they are retailers and not developers. But I know that every trade show and conference I attend, I manage free admission. And I feel that if there WAS a way to finagle free admission, it likely would have taken less time to do so than download the beta.

      That given, I think that most retail apple employee OS X users, driven enough to do something fairly mundane like download the beta or crazy enough (and apparently the sarcasm about them going to WWDC in my last post escaped you) to go to WWDC, would be enough of a "fan"-atic to know the differences between OS versions. I certainly didn't mean to demean WWDC or your occupation by suggesting an Apple Store employee attend WWDC. Just that HAD they done so, they could have gotten their copy and avoided getting fired. If Aplpe gives it out for free to someone who simply says they are a developer (and I am making assumptions, it seems harsh to fire them, rules or not.

    121. Re:The consequences were that you got fired.. by Scudsucker · · Score: 1

      Sort of like this guy?

    122. Re:The consequences were that you got fired.. by jellomizer · · Score: 1

      Well getting fired from apple is better then getting sued by them. Which would happen if they found out by other means. There is loosing your job vs. loosing your job and paying say $100,000 plus Apples legal fees. If you hold onto a lie then you will get into much more trouble. But Apple is not a father confessor they will not give you absolution for your sins. They will fire you because you were a bad employee, But they will not sue you (as much?) because you did save them time investigating the leak.
      Think if it this way. A Guy murders someone and turns himself in. He will still face murder charges but he may be able to get a lighter sentence because of his honesty vs. a larger one for fighting it.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    123. Re:The consequences were that you got fired.. by rahrens · · Score: 1

      I suppose this guy thinks he "won" the discussion, huh?

      I've not answered because I thought he wasn't worth the time, but I had a bit of time to kill, so wasting it on him won't hurt anything actually valuable.

      Sir Troll;

      In case you didn't notice, /. provides a forum for both the dissemination of news and the discussion of it. As is always the case in such forums, there is room for plenty of differing views, even for such as yourself. You have a right to air your views, but as is obvious by your hiding behind your "troll" account, you are aware that your technique of throwing them at someone as if they are slings and arrows and then personally insulting them is not something that the site owners or most moderators encourage or condone. It is, in fact, as you are aware, quite rude and juvenile.

      In fact, what you may not know, or care about, is that a vast majority of /.ers see through your subterfuge and consider you an idiot, and will accordingly ignore your opinions as worthless. You do your side of any argument no favors.

      I think your chair to keyboard interface is busted.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    124. Re:The consequences were that you got fired.. by ObiWanKenblowme · · Score: 1

      The incentive to be honest is in not being punished at all.

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    125. Re:The consequences were that you got fired.. by Anonymous Coward · · Score: 0

      Linux could do everything OSX does, you're right. Windows could do everything OSX does too.

      However, for Linux to do what OSX does, it would need to not be driven by anal-retentive programmers. Anal-retentive programmers who still, to this day, can't understand why people wouldn't want to edit their configuration using text files. Anal-retentive programmers don't understand how "having a GUI" is a positive thing. Anal-retentive programmers don't understand how GIMP is not equivalent to Photoshop. For christ's sake, they think vi's interface is GOOD.

      If you changed Linux's direction, then yes, it could do everything OSX does. It'd take a lot of work, but it could be done. However, since Linux is driven by anal-retentive programmers, there's a fat chance in hell of this happening.

    126. Re:The consequences were that you got fired.. by hobbit · · Score: 1
      OSX doesn't do anything Linux can't, it's just got more polish. People tend to forget this while they're masturbaring over screenshots.
      Any Turing-equivalent machine can do anything any other Turing-equivalent machine can. You wouldn't claim that all women are functionally equivalent for the purpose of being masturbated over, would you?!
      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    127. Re:The consequences were that you got fired.. by drinkypoo · · Score: 1

      You're exaggerating. I've actually been using OSX (10.3, sadly) and I've found it to be amazingly, horribly, stupidly frustrating. Aside from previous complaints over the behavior of the dock (made more sense in NeXTStep) and the like, I've made some observations about OSX that might help you to understand what I'm talking about.

      The first thing to notice is that the GUI is less responsive on a dual 2 GHz G5 than NeXTStep was on a 25MHz 68040 (turbo slab.) Meanwhile, sure it looks better, but frankly I'd rather have the NeXT-look back, and again, the new dock is crap. But there are innumerable other stupid little problems that I'd have thought they've have caught. One of them is the behavior of pop-up context menus. If I have a filetype with a lot of programs with long names that can open it, I can actually have to move the icon to the left or right side of the screen because the open with... pop-out doesn't pop out if it doesn't have room to pop open to the left or right of the menu I'm looking at. Another issue is that clicks often do not go where you expect, and menus stay open (or not) inconsistently.

      Finally, Apple's desperate need to be different caused them to make some really retarded decisions. You can only resize windows from the gadget, which is at the bottom-right of the window. However, in that location, it can be obscured by the dock. If you have a window whose title bar is off the screen for some reason (it happens) and the resize gadget is behind the Dock, you're screwed. Even if the title bar is on the screen, in order to resize the window to something reasonable I have to drag the window to the right to get my resize gadget to peek around the edge of the dock (which pretty well fills the whole width of the screen) so I can click on the gadget. I could turn hiding on, but then I have to turn it off again, because not being able to see the dock at all times is lame.

      In other words, I feel that Microsoft, for all their many failings, has put together a more useful UI than Apple. The underpinnings of OSX are superior, but that's not the part we interface with. I've found using OSX to be more frustrating than I've felt with a user interface in a while. Incidentally this is not the first time I've used OSX, just the first time I've used it for work. I used to have a B&W G3 (which I rant about often as an example of Apple fucking over customers - see info on Rev. 1 B&W G3 IDE on lowendmac, xlr8yourmac, or similar.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  2. Re:Wierd by StrongGlad · · Score: 1

    TFA makes it clear that the fired employees worked at Apple's retail stores.

  3. Is that the kind of person apple wants? by Neil+Blender · · Score: 5, Insightful

    Is that the type who steals or the type who thinks being honest about their crimes absolves them of punishment?

    1. Re:Is that the kind of person apple wants? by Scudsucker · · Score: 3, Insightful

      Is that the type who steals or the type who thinks being honest about their crimes absolves them of punishment?

      These aren't those type of people, as they didn't steal anything.

    2. Re:Is that the kind of person apple wants? by Scudsucker · · Score: 5, Informative

      As to Apple, the whole company has been turning into shit since introducing CD keys for home OSX installs 2 years ago.

      Eh? I never had to use a cd key for any of my Tiger installs. Methinks you are talking about Server, not client.

    3. Re:Is that the kind of person apple wants? by Neil+Blender · · Score: 2

      OK, for you nit-picky bastards with your "copyright infringement is not theft" and your " it's not stealing if you are only copying it because there is no loss" apologists, I restate:

      Is the employee refering to the type of person who willfully violates company policy, which in the view of the company is a crime aka the procurement of company trade secrets regardless of whether or not they divulged them or made a profit from their actions or is the employee refering the type of person who thinks being honest about willfully violating company policy, which in the view of the company that they work for is a crime aka the procurement of company trade secrets regardless of whether or not they divulged them or made a profit from their actions absolves them of punishment?

    4. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0
      As to Apple, the whole company has been turning into shit since introducing CD keys for home OSX installs 2 years ago. Just you wait until they come up with Macintosh Authentic Benefit.


      This is 100%, Grade-A bullshit. There is no such thing as a CD-Key or Activation on OSX.
    5. Re:Is that the kind of person apple wants? by Analog+Penguin · · Score: 4, Informative

      Confusion at best, FUD at worst. OS X has never required CD keys for home installation. The "Family Pack", which lets you install on up to five machines, has no CD keys, either. Apple has traditionally taken a "give the consumer the benefit of the doubt" view of their OS. There are no technical barriers preventing you from buying one copy of Tiger and installing it on a hundred machines, but Apple trusts you not to do so

      As was mentioned above, however, OS X Server does require CD keys for installation.

    6. Re:Is that the kind of person apple wants? by eno2001 · · Score: 0, Troll

      Oh yeah? Well what the hell is this that I'm staring at? I bought a Umax Core Duo 7500 with Mac OS X from eBay just last week. It's a Mac clone from Umax in case you're wondering. It came with media that definitely has authentic CD Keys and you have to register within a 30 day period. There is also a note in the CD sleeve that says, "Non-transferrable. This CD Key is associated with the MAC address of the ethernet card in this machine. Any attempt to circumnavigate these features will result in sever action to the fullest extent of the law. - Apple Legal Team 2006" So I think you're all wet.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    7. Re:Is that the kind of person apple wants? by Tweekster · · Score: 1, Insightful

      let me know when you find that one employee on the entire planet that doesnt "steal"

      i would like to hire that person...

      I absolutely gaurantee i could find about a hundred reasons to can your ass...

      no employee is perfect, no employee follows every rule, dont pretend they do.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    8. Re:Is that the kind of person apple wants? by Guido+del+Confuso · · Score: 4, Funny

      Oh yeah? Well what the hell is this that I'm staring at? I bought a Umax Core Duo 7500 with Mac OS X from eBay just last week.

      Well, based on the fact that there is no such thing as a "Umax Core Duo 7500", I would guess that you're likely staring at an empty crack pipe.

    9. Re:Is that the kind of person apple wants? by Crimsane · · Score: 5, Funny

      Eh? I never had to use a cd key for any of my Tiger installs. Methinks you are talking about Server, not client.

      The torrent was probably mislabeled.

    10. Re:Is that the kind of person apple wants? by smash · · Score: 1

      However, stealing a few pens and paper for home use is a whole different kettle of fish to violating an NDA.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
    11. Re:Is that the kind of person apple wants? by pretentiousPPC · · Score: 3, Informative

      Crack quite possibly, but also could have been had.... UMAX did make Macintosh clones, a loong time ago way back in 1996. Before Steve came in and killed the whole practice. At LEM they have a write up from 2002 on getting OS X to work on the hardware, so it is not too far fetched to say that you might have a UMAX computer with OS X, anything further than that is BS. Keys... never seen it on a Mac OS (never touched server, so can't say anything about it). I did recently notice that Apple has computer specific install disks that come with their computers. I had an OS X install disk from an iMac that I tried to use to upgrade a G4 with, and I got an error saying that I couldn't do that. They may have been doing this for awhile, but this is the first time I've ever ran in to it.

      --
      Artist will always make art.
    12. Re:Is that the kind of person apple wants? by pimpimpim · · Score: 2, Funny

      I didn't know scanners came with multiple cores. I also wonder why they bundled Mac OS X with it...

      --
      molmod.com - computing tips from a molecular modeling
    13. Re:Is that the kind of person apple wants? by Splab · · Score: 1

      Why?

      Stealing is stealing.

    14. Re:Is that the kind of person apple wants? by Scudsucker · · Score: 2, Insightful

      OK, for you nit-picky bastards

      Wanting to call a duck a duck and a cat a cat is not being nitpicky. And copyright infringment and theft are as different as ducks and cats.

      Is the employee refering to the type of person who willfully violates company policy, which in the view of the company is a crime aka the procurement of company trade secrets regardless of whether or not they divulged them or made a profit from their actions or is the employee refering the type of person who thinks being honest about willfully violating company policy, which in the view of the company that they work for is a crime aka the procurement of company trade secrets regardless of whether or not they divulged them or made a profit from their actions absolves them of punishment?

      Better. It was still foolish of Apple to fire these people, because it's sending the message that if you fuck up, you're better off lying and take the risk of being found out and fired, rather than confessing your sins and definetly being fired. And this could come back to bit them. Say I work at Apple, and I find out that someone in my department is leaking details of upcoming products to Thinksecret. I could rat this person out to management, but this person knows I pettily broke company policy by using my employee discount to buy my sister an iPod. I could talk to my boss about the leaker and confess my own violation of company policy, but if it's just going to get me fired anyway, I'm going to keep my mouth shut.

    15. Re:Is that the kind of person apple wants? by Udo+Schmitz · · Score: 2, Funny
      "Well what the hell is this that I'm staring at? I bought a Umax Core Duo 7500 with Mac OS X from eBay just last week."

      How long does it take to copy a 70MB file?

    16. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0

      I don't mind you having sex with my mom, but could you please close her coffin when you're done? Plus, just to let you know, the other corpses in the graveyard keep laughing at your incredibly small penis.

    17. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0

      I remember being asked CD keys and lots of personal information when [re]installing OSX in my almost 2 years old Mac Mini (PPC). It also wanted me to activate it through the Net. That was not a big problem, but the Debian install it happily runs under now was certainly painless.
      My reasons were mainly practical: I needed a small living-room movie player but OSX media player sucks when compared to Mplayer or VLC, OSX versions of these players are rather limited compared to the Linux or even Windows ones.

    18. Re:Is that the kind of person apple wants? by Smorkin'+Labbit · · Score: 2, Informative

      Not sure why I'm answering an AC but anyways: No CD keys on OSX, and there has never been any, except for OSX server, so you are simply remembering wrong. There is a screen where you can fill in personal details to register at Apple but you can simply press Cmd-Q (Quit) on the screen to skip that.

    19. Re:Is that the kind of person apple wants? by heinousjay · · Score: 2, Insightful

      copyright infringment and theft are as different as ducks and cats

      Yeah, one involves taking something that isn't yours, and the other involves taking something you have no right to take.

      The difference is astounding.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    20. Re:Is that the kind of person apple wants? by Nutria · · Score: 1
      violating an NDA.

      Did I miss something? Honestly.

      I RTFA, but all I saw was that these employees wanted to look at it themselves, and not pass it around to their friends.

      If that's all that this was (gain better knowledge of the product, because they are Mac-addicts and want to be knowledgable(sp?) for the customers), I don't see this as a firing offence.

      --
      "I don't know, therefore Aliens" Wafflebox1
    21. Re:Is that the kind of person apple wants? by Carthag · · Score: 1

      I'm not sure but I seem to remember installing my parents iMac G3 from a B/W G3 install CD.

    22. Re:Is that the kind of person apple wants? by CastrTroy · · Score: 2, Insightful

      I don't understand why apple employees should even have to be downloading it in the first place. You'd think that Apple would love to have employees testing out new products, and give it to them for free. I'm aware that apple likes to have a shroud of secrecy over everything it's doing, but it obviously isn't working if people can download it. So they might as well let the employees have it to test out, so they can tell everyone how good it is, and get people to buy it. Especially with software, which costs about $0 to give out to employees.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    23. Re:Is that the kind of person apple wants? by rahrens · · Score: 2, Interesting

      Yes, and keeping their mouths shut is what they should have done.

      They weren't fired for stealing; they weren't fired for copyright infringement. They were fired because they were found to possess copies of an unreleased software package that they had no authorized access to have. Didn't matter where they got it, the point is, they had it. They were fired for violating their NDA agreements, which most likely spelled out the consequences of that violation. Period. End of story.

      The kind of employee Apple wants is one that will not: 1. Violate an agreement. 2. Talk too much. Both issues go to the employee's honesty and integrity.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    24. Re:Is that the kind of person apple wants? by gEvil+(beta) · · Score: 1

      Exactly. These are people who were raised to believe that simply saying "I'm sorry" frees them from any repercussions for their actions.

      --
      This guy's the limit!
    25. Re:Is that the kind of person apple wants? by jcr · · Score: 3, Interesting

      When I was at the Valley Fair store for the Panther launch, a man asked me "what happens if I install this on more than one machine?" I told him "Well sir, you need to have a license for each machine." He said "Yeah, but what happens?" So, getting his drift, I answered "Well, there's nothing on that disk that's going to phone home to Apple and rat you out, but legally, that package entitles you to use it on one machine." He then said "See, that's what I love about you guys!" and he put back the single-license package and bought a 5-license family pack. He then came back to where I was stationed, and told me all about how much he hated Microsoft's product activation system for the next quarter hour or so. ;-)

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    26. Re:Is that the kind of person apple wants? by jcr · · Score: 1

      Did I miss something? Honestly.

      Yes, you did.

      I RTFA, but all I saw was that these employees wanted to look at it themselves, and not pass it around to their friends.

      Bittorrent. Look it up.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    27. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0

      That is somewhat true. If you've bought a retail copy, then I don't think there are any restrictions. If you have a preinstealled copy and have 100 machines of the same type (i.e. iMac G5) then yes, the install will work for all of those machines. However, the install will not work for different machines. The preinstalled discs are tied to machine types.

    28. Re:Is that the kind of person apple wants? by DaveV1.0 · · Score: 1

      Did they get something? Yes
      Is it something that is sold? Yes
      Did they pay for it? No
      What it given to them by the legal owner? No

      Obtaining something of value from the legal owner without said owners permission and without paying for it sounds like theft to me.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    29. Re:Is that the kind of person apple wants? by Shawn+Parr · · Score: 2, Interesting
      No consumer OS by Apple has ever used CD keys AFAIK. OS X definitely does not. OS X Server definitely does, and with Tiger it checks the local network to make sure you are only using one copy, unless you have a special code for a site license (not common, but found at Universities sometimes).

      As far as the install disks. With Mac OS X, and some machine under OS 8 and 9, there were specific builds of the OS when those machines where shipped that supported those machines, and that is typically the OS on that disk, although they do upgrade those disks when new OS versions come out. It is also to help slow down piracy. A retail box OS will install on anything though (well not currently Intel machines but that will change with Leopard), all the way back to a B&W G3. Apparently if you pay the $129 retail, or $69 edu price they are less concerned with piracy... (that was a joke).

    30. Re:Is that the kind of person apple wants? by eno2001 · · Score: 1

      It's kinda slow... Especially since I've got Netscape open.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    31. Re:Is that the kind of person apple wants? by Tweekster · · Score: 1

      So they just added a little bandwidth to the already well seeded torrent?

      It isnt like they were THE source for it...

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    32. Re:Is that the kind of person apple wants? by Nutria · · Score: 1
      Bittorrent. Look it up.

      'kay, thanks.

      --
      "I don't know, therefore Aliens" Wafflebox1
    33. Re:Is that the kind of person apple wants? by Nutria · · Score: 1
      So they just added a little bandwidth to the already well seeded torrent?

      It isnt like they were THE source for it...


      Doesn't matter. By joining the bittorrent "web", they violated the NDA.

      --
      "I don't know, therefore Aliens" Wafflebox1
    34. Re:Is that the kind of person apple wants? by jcr · · Score: 1

      It isnt like they were THE source for it...

      That excuse doesn't hold water. They were a source for it, and that's why they deserved to be canned.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    35. Re:Is that the kind of person apple wants? by Pigeon451 · · Score: 1
      Copyright infringement and theft are as different as a terrier and a retriever. Yeah they're different, but they're still fucking dogs.

      But whatever makes you sleep at night...

    36. Re:Is that the kind of person apple wants? by MoneyT · · Score: 1

      To quote myself:

      No, store employees should not have it because they shouldn't be answering ANY questions. The beta is released to developers under NDA, that means no one should be talking about what is and isn't in it, and for a very good reason, features are subject to change. Compare the current views on Vista's ever shrinking feature list to the views of Leppords only half announced feature list. The fact that priates and competitors have it is irellevant, no part of the retail employee's job REQUIRES them to have or use the software.

      --
      T Money
      World Domination with a plastic spoon since 1984
    37. Re:Is that the kind of person apple wants? by eno2001 · · Score: 1

      Mods with a clue, please fix my original post. Anyone with half a brain can see it was a well calculated and timely joke. It makes light of the original poster's comment which didn't really contribute anything to the original topic. It makes a reference to the now defunct Umax Macintosh clones that you would very likely be aware of if you were born before 1990. It makes clever and believable reference to the Windows XP registration process. It takes a shot at some of the older software company practices of keying on the MAC address as copy protection (which was idiotic at the start and that was proven by the failures they had when users got new NICs). And finally it takes a potshot at lawyers in general who are to blame for most of the artificial restrictions holding us back from computer nirvana. Could you imagine what the computer industry would be like without artificial restrictions like DRM, copy protection and the like? As long as the people in the business were united not to make money, but to make the best goddamned software in the world, we'd have so much more functionality. Yeah... money is nice and all, but not when it gets in the way of progress.

      --
      -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    38. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0

      So anyone downloading a torrent is as guilty as the original seeder?

      --

      Marx was a philosopher.

    39. Re:Is that the kind of person apple wants? by Geoffreyerffoeg · · Score: 1

      Any attempt to circumnavigate these features

      And this, my friends, is why we should stop calling it piracy.

    40. Re:Is that the kind of person apple wants? by Anonymous Coward · · Score: 0

      sign your name? wtf for?

  4. Re:Wierd by NeuroKoan · · Score: 1

    You must not have RTFA. The very first sentence:

    Five workers at Apple Computer's retail stores have been fired for downloading preview copies of Mac OS X 10.5, dubbed "Leopard," which the company distributed to developers two weeks ago, an Apple enthusiast Web site reported Tuesday.

    --

    "However," replied the universe, "The fact has not created in me A sense of obligation."
  5. Re:Wierd by Almenius · · Score: 2, Interesting

    From the article: "The next-generation operating system, which is scheduled to ship early next year, were previewed by Apple executives at the Worldwide Developer's Conference (WWDC) in San Francisco during the week of Aug. 7-11. " So it seems the terminated employees were fired for downloading an advance copy. Whoever uploaded it in the first place is probably looking at some sort of repercussions as well. If they can be found.

    --
    Oh no, not again.
  6. who is suprised by this? by spacerodent · · Score: 4, Funny

    Honestly who is suprised by this? Dur they would have fired you. Back when you interveiwed for min wage jobs and they asked you, "is it ever 'ok' to steal from a company you work for?" ... heres a hint.. DON'T SAY YES!

    1. Re:who is suprised by this? by himurabattousai · · Score: 1

      Not I. Regardless of the argument of "Is it theft or piracy," these employees showed a complete disregard for the rules. Granted, letting salespeople play with the new product probably makes them better able to sell it, but there's legal ways to familiarize oneself with what one would be selling. Breaking a reasonable policy to do so isn't worth the consequences of getting caught.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
  7. Somebody didn't get the memo.... by Gemini_25_RB · · Score: 2, Interesting
    Because we had the character to tell the truth and to face the consequences of our actions, we were terminated.
    The consequence of their action (illegally downloading software) was to be terminated. Nobody was fired for having the upstanding character to admit doing something wrong. The employees are whining like a criminal who pleads guilty but doesn't want any punishment. (And does anyone else think that it almost seems like embezzlement?)
  8. Even dogs know this... by Bieeanda · · Score: 1

    Biting the hand that feeds you does not typically result in extra treats or praise. Jesus, kids.

    1. Re:Even dogs know this... by ClamIAm · · Score: 1

      Yeah, good point about how these employees really hurt Apple so bad.

      Oh wait.

  9. What if they had lied? by Almenius · · Score: 2, Informative

    Would Apple have continued investigating? How would they have investigated? According to the ThinkSecret article this is based on http://www.thinksecret.com/news/0608retailleak.htm l? there may be dozens more people getting fired fairly soon. Good on Apple. The product isn't done yet, so it doesn't deserve to be seen.

    --
    Oh no, not again.
    1. Re:What if they had lied? by StringBlade · · Score: 0
      The product isn't done yet, so it doesn't deserve to be seen.

      What?! I think what you mean to say is because the product hasn't been released by Apple yet, it should not be distributed. Just because a product is not finished doesn't mean it doesn't deserve some attention - that's what Alpha and Beta testing is all about. In the world of open source, quite often wildly incomplete code is put out for all to download / try with the understanding that it's a work in progress and you're welcome to offer suggestions or submit patches to fix bugs.

      I'm thinking if Duke Nukem Forever were to be released prematurely that the community drive to try it out and report bugs might help make this vaporware reappear. If it were open-sourced like Return to Castle Wolfenstein: Enemy Territory then the game might actually be completed and have multi-platform support.

      There are plenty of reasons why software should not be released / seen before it's complete, but just because it's incomplete is not a sufficient reason for not allowing access to it.

      --
      ...and that's the way the cookie crumbles.
    2. Re:What if they had lied? by Predius · · Score: 2

      If Apple decides that only those under NDA should see it, and only a select few will be granted NDA to see it, then they shouldn't see it, period. You can wax philosophic about the pros of early access by the public, but it means nada in this case.

    3. Re:What if they had lied? by jcr · · Score: 1

      In the world of open source

      How is this in any way relevant to firing someone for breaking a contract?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:What if they had lied? by theelectron · · Score: 2, Informative
      that's what Alpha and Beta testing is all about


      No, no, no, no, NO! Alpha and Beta testing is just that: TESTING. Alpha testing is usually closed testing used inside a company to try to find major bugs and test new ideas. Beta testing is usually a little more open and is used to find small bugs before release. Many beta tests even require NDAs.

      Just because Google thinks adding 'beta' on the end of a bunch of their products is cool, does not mean beta testing is for marketing.
    5. Re:What if they had lied? by StringBlade · · Score: 1

      In this case, I agree - you break a contract you're subject to the consequences.

      I was responding to the blanket statement that software that is not finished should not be seen. Obviously when you enter a nondisclosure agreement you agree to limit your rights in exchange for something. But in a general sense without an NDA there's no compelling reason not to allow incomplete software to be seen by people interested in the software itself.

      My examples come from open source because that's where incomplete software is most often exposed to the world. Businesses are allowed to do whatever they wish and in many cases it's not in their best interest to allow incomplete software to be accessed because it could tarnish a brand name or have other negative effects.

      As a blanket statment software does not deserve to be kept secret any more than it deserves to be released. It was the phrasing of the statment I was objecting to.

      --
      ...and that's the way the cookie crumbles.
    6. Re:What if they had lied? by Predius · · Score: 1

      Fair enough.

  10. Assuming they didn't upload it by rolfwind · · Score: 1

    since they are only retail store employees, it doesn't make much sense to fire them just for that. I mean they did minimal to spread it out there (other than being leechers along with a few thousand others).

    It seems like they are enthusiastic about the product which is a good thing on a sales team, unless, of course, they start recommending people hold off until Leopard comes.

    Could someone explain the exact reasoning behind this? I could imagine its simply the same mentality as the RIAA would show if an RIAA employee confessed to downloading songs off the internet - which makes it much more understandable (if their own employees can't serve as rolemodels, who can, right?)

    1. Re:Assuming they didn't upload it by Anonymous Coward · · Score: 0

      Could someone explain the exact reasoning behind this?

      For one, retail employees may be pretty low on the ladder but they are the faces that have the most contact with the public. Apple wants to keep them in line, thrugh fear if not through loyalty.

      They also have to be trusted to keep secrets (especially at a company like Apple.) For example the Macbooks arrived in some stores days before they were announced. Apple would not be pleased at all if a retail employee leaked pictures or info. to the gossip sites (and in fact, some did.) Frankly, the fact that they can't keep a secret that they illegally downloaded the OS, probably violating their employment contract, means they can't be trusted with other corporate secrets. Honesty isn't everything in business-- the ability to keep your mouth shut is a much more valuable trait.

      Third... It does Apple absolutely no good to have sales people know what's around the corner. Future products are not their concern, their job is to sell the merchandise that's on the floor right now. Including boxes of OS X 10.4.

      Finally... How do you think these firings came about? It's pretty unlikely Apple tracked down their IPs through Bittorrent. More likely, someone had loose lips and told other people or customers at the store they'd downloaded it. What these employees had done was probably common knowledge before they "confessed."

  11. A bit more context by exley · · Score: 4, Interesting
    From TFA:

    "All of us know that we violated our NDA and ethics policy. Therefore, because we had the character to tell the truth and to face the consequences of our actions, we were terminated," said one of the fired employees, who spoke with Think Secret on condition of anonymity.

    If you are full well aware that you violated the Non-Disclosure agreement -- in addition to the ethics policy -- you signed when you came on board, then, well, you should be full well aware of the fact that all you can expect is to be fired over it. NDAs are sort of a big deal for companies. Ethics, on the other hand, are a big deal unless if you have enough power.

  12. They were just retail employees by aarku · · Score: 4, Interesting

    The summary left out a big piece of information, in my opinion. They were just retail employees, not developers. I was puzzled why some developers at Apple *didn't* have Leopard at first.

    1. Re:They were just retail employees by ZachPruckowski · · Score: 1

      Some developers don't have it yet. Only WWDCers got the first build, and I think only paying ADC members can download it and later builds.

    2. Re:They were just retail employees by aarku · · Score: 1

      I was referring to Apple's developers, as in employees working in Cupertino.

  13. On the other hand... by davmoo · · Score: 4, Insightful

    "All of us know that we violated our NDA and ethics policy. Therefore, because we had the character to tell the truth and to face the consequences of our actions, we were terminated,"

    How about the lack of character you showed by violating the NDA in the first place. If you had any character (or ethics) you would have obeyed the obligations of the contract you signed.

    On your next job application where it asks "Why did you leave your most recent job?", now you can write "I was fired because I was fucking stupid."

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:On the other hand... by Descalzo · · Score: 4, Insightful
      Well, I think they gained some of their character back by coming clean. Then they immediately lost it again by whining about getting canned.

      Character is a precious thing. I hear at school all the time, when someone comes clean and they still get the consequences, "So this is what I get for telling the truth?" No, that's what you get for (insert broken rule here). What you get for telling the truth is trust and respect.

      --
      I cried real tears when Li Mu Bai died.
    2. Re:On the other hand... by Anonymous Coward · · Score: 0

      >What you get for telling the truth is trust and respect.

      Which planet are you talking about again?

    3. Re:On the other hand... by Anonymous Coward · · Score: 0

      >So, what Apple is doing here is creating an environment which teaches people to be dishonest..

      People should tell the truth because it is the right thing to do. Anything else just signifies that tat person is a bucket of raw sewage in the shape of a human being.

    4. Re:On the other hand... by SanityInAnarchy · · Score: 1

      And apple has created an environment which cultivates buckets of raw sewage in the shape of human beings, if they have a system which encourages lying.

      --
      Don't thank God, thank a doctor!
    5. Re:On the other hand... by Descalzo · · Score: 1

      It is difficult, but not impossible, to foster an environment in which mutual respect makes it easier for both sides to do the right thing, even when it's difficult. Maybe you're right, and a lighter punishment, or a different punishment, might be in order. Maybe firing wasn't the answer here. I don't know now.

      --
      I cried real tears when Li Mu Bai died.
  14. Because they helped others dl too? by mattr · · Score: 0

    Were they fired because their download of a torrent included providing pieces of the torrent to others in the swarm? Aside from that they were not acting maliciously and had a reasonable interest in getting an idea of what they were going to be selling. Or is getting a sneak peak at their own product illegal? I don't get it. Were they supposed to buy it in-house instead? Where is the ethical problem? Except for the mechanics of the download, which suggest they added an infinitesimal amount of bandwidth to an existing swarm, why are they feeling guilty and Apple calling them guilty? Considering iTunes is a major Apple service I would actually like to have sales people be aware of what is on BitTorrent and suggest adding more content to their service. I would pay money for the BBC's Doctor Who if iTunes let me download it quickly through them. Considering I am in the market for a new Mac in the next 2 months I am curious about this and not happy with Apple's treatment of people. I wonder if the people who didn't come forth are glad, or are waiting for the other shoe (lawsuit) to drop.

    1. Re:Because they helped others dl too? by jcr · · Score: 1

      Were they fired because their download of a torrent included providing pieces of the torrent to others in the swarm?

      Got it, first guess.

      Apple has a fiduciary responsibility here, and letting their employees off the hook for distributing their software to anonymous parties could make it quite difficult for Apple to protect that property in the future.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Because they helped others dl too? by rahrens · · Score: 2, Insightful

      Look, RTFA.

      The employee admits to violating the company's NDA AND their ethics policy. Any NDA will spell out the consequences of that violation. They were found to possess copies of an unreleased product. HOW they got it doesn't matter. WHERE they got it doesn't matter. It is something that, according to company policy, they had no need or authorization to have. Therefore, that possession violates the NDA. Period, end of story. No need to dither about torrents or any other source.

      Question from Management: "Do you have a copy of Mac OS X 10.5 Leopard?"

      Answer from Mall Store Employee: "Yes."

      Reply from Management: "Ok, you violated your NDA, the consequence of which is Termination. You're fired."

      This whole case goes to honesty and integrity. Either you have it or you don't. They didn't, and paid for it. Nuff said.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
  15. DreamWorks Comparison by buckhead_buddy · · Score: 2, Interesting

    Would Dreamworks have fired office staff if they had been talking about downloading a hot new Dreamworks movie via BitTorrent like "Over the Hedge"? What if the movie was still unreleased like "Dream Girls", or "Flushed Away" or "Transformers: The Movie". Even though it'd be bad publicity for DreamWorks to fire employees who are enthusiastic believers about their own products, it'd be worse to give them a wink and say "That's okay" if they really want secrecy.

    Whether I agree or disagree with Apple's PR department about the wisdom of offering Leopard preview releases to developers only, that's the choice they made. It's not up to me, even if I were an employee of Apple, to try and change that policy or think that I'm somehow exempt from it. Apple's discouraging developers from talking about releases they have on Apple developer mailing lists even. It's doubtful that they'd make exemptions from their closed lips policy for staff in the Apple retail stores.

    1. Re:DreamWorks Comparison by cunina · · Score: 5, Funny

      Would Dreamworks have fired office staff if they had been talking about downloading a hot new Dreamworks movie via BitTorrent like "Over the Hedge"?

      I'd fire anyone at any company for watching "Over the Hedge."

    2. Re:DreamWorks Comparison by ClamIAm · · Score: 1

      I haven't seen it, and I probably had the same reaction you did to the ads/etc for it, but apparently it got pretty good reviews.

  16. So.. by Anonymous Coward · · Score: 0

    Apparently "facing the consequences" now means crying about it like a kid, and kicking up dust hoping that someone will feel sorry that you were terminated for such trivial matters as breaking NDAs and being unethical towards your employer.

    1. Re:So.. by fergofer00 · · Score: 1

      I am totally in agreement with which you say

      --
      http://blog. is-arquitectura.es/index.html
  17. Good going ... by Anonymous Coward · · Score: 1

    on waving their right of protection against self-incrimination.

    1. Re:Good going ... by StrongGlad · · Score: 2, Informative

      The 5th Amendment protection against self-incrimination applies only to the government (to the federal government directly, and to the various state governments by virtue of the 14th Amendment). Thus, you can't assert this right against a private employer, who is perfectly free to fire you for refusing to answer such questions.

  18. Open Source users take note by NaCh0 · · Score: 0

    We sometimes forget how good we have it.

    Downloads are not just accepted, they are encouraged.

  19. Oh puhleez... by mellon · · Score: 5, Insightful

    From an ethical perspective, you have two things:

    1. Employee does something that runs counter to the company's stated policy in an important way. Bad employee - no biscuit.

    2. Employee tells the truth when lying might have saved their job. Good person - refused to lie even when lying seemed to be of benefit.

    There's no reason to mix these two - they're separate actions. One's a mistake, one's a sign of character. So of the mistake, you say "oh shit, that was really stupid, I wish I hadn't done that." And of the truth-telling, you say "yay, I'm glad I did that."

    When you try to mix the two, it wrecks the good taste of telling the truth. Don't regret doing the right thing. Just take this lesson forward and try to avoid doing the wrong thing in the future.

    --Speaking as one who was burned by exactly this kind of thinking in high school, and wasted a lot of emotional energy on it.

    1. Re:Oh puhleez... by Anonymous Coward · · Score: 0

      >> 1. Employee does something that runs counter to the company's stated policy in an important way. Bad employee - no biscuit.

      I'd rather say:

      1. Employee does something against a **usually quite serios part (NDA) of a** signed contract.
      --> Employer: the contract does no longer force me (by your counter-example). You are sacked.

    2. Re:Oh puhleez... by Anonymous Coward · · Score: 0
      One's a mistake, one's a sign of character.

      They're both signs of character. You just don't like where the first one leads.

  20. They should be thankful... by mwvdlee · · Score: 1

    ...that they didn't get sued. Which is probably what will happen if Apple finds any guilty employees that didn't admit.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  21. Re:Wierd by CrackedButter · · Score: 1

    You are another Stephen Crane fan I see judging by your sig. :-)

  22. modded offtopic, but true by jpardey · · Score: 0, Offtopic

    See this. Apparently a recent Ubuntu upgrade screwed up the X server. Aren't I glad I don't bother installing updates! (Actually, I just use the computer as a synthesiser, and don't use one of the ubuntuized desktop enviroments, so I have to manually grab updates)

    --
    I have freaks! I did something right...
  23. not analogous by m874t232 · · Score: 2, Insightful

    If people admit to having done something, in particular something that would otherwise go undetected, they have expressed remorse and almost certainly realized that their action was wrong, which means they are likely not going to do it again. Therefore, a good part of the purpose of any consequences has already been achieved. So, in that case, "accepting responsibility" does indeed mean that the people involved should face significantly less severe consequences than people who lied and were found out.

    That's an entirely different situation many politicians and corporate leaders are in: they often "accept responsibility" for things simply because they can't hide them anymore, and there is usually no remorse or realization involved that their actions were wrong. In those cases, "accepting responsibility" is a meaningless gesture.

    I find your cynical attitude and unthinking approach to ethics reprehensible.

    1. Re:not analogous by QuantumG · · Score: 1

      I typically admit to things I've done that would otherwise go undetected to satisfy my need to not be under anyone's boot. "Yeah I took the day off and didn't call in sick, what are you gunna do about it, fire me?"

      --
      How we know is more important than what we know.
    2. Re:not analogous by Nutria · · Score: 1
      I typically admit to things I've done that would otherwise go undetected to satisfy my need to not be under anyone's boot. "Yeah I took the day off and didn't call in sick, what are you gunna do about it, fire me?"

      Remind me not to hire you.

      --
      "I don't know, therefore Aliens" Wafflebox1
    3. Re:not analogous by QuantumG · · Score: 1

      If I ever work for someone who thinks they can fire me on a whim, I'll more than likely quit before they get the opportunity to.. and it'll be to their detriment, not mine.

      --
      How we know is more important than what we know.
    4. Re:not analogous by Nutria · · Score: 2, Informative
      If I ever work for someone who thinks they can fire me on a whim,

      Most businesses (in the USA) can fire you on a whim. It's called AT WILL employment.

      If you are in a "protected class" (crippled, black, female, gay, etc) they must be able to prove that that's not why they fired you. So, most companies will keep a record of your misconduct (minor, major and in-between), making it all sound as bad as possible, so that they have legal cover when firing you.

      --
      "I don't know, therefore Aliens" Wafflebox1
    5. Re:not analogous by jcr · · Score: 1

      Firing you for copping a "what you going to do about it?" attitude is hardly whimsical.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:not analogous by jcr · · Score: 2, Informative

      If you are in a "protected class" (crippled, black, female, gay, etc) they must be able to prove that that's not why they fired you.

      Actually, the burden of proof is on the plaintiff.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    7. Re:not analogous by Raenex · · Score: 1
      I find your cynical attitude and unthinking approach to ethics reprehensible.

      I enjoyed your post until this last bit. There's no need for the personal attack. If you want people to listen to what you say and possibly change their minds, then just make your argument without the invective.

      For some perspective, I was coming from the other side, against the employees. My thinking was that if the employees want to claim they had "character" for owning up to it, they should do so without expecting an incentive. Anyways, your post gave me another angle on it.

    8. Re:not analogous by Alfred,+Lord+Tennyso · · Score: 1

      Whoa, dude. The bit about the politicians was exactly the point I was making. Maybe comparing Apple employees to Donald Rumsfeld is a little harsh, but it was clearly intended to be humorous. It strikes me that "reprehensible" is a pretty serious charge to be leveling at me over a three-sentence joke, and assuming you know anything about my ethical system from a single post on Slashdot seems uncalled for.

    9. Re:not analogous by Nightlily · · Score: 1

      Very true except in most states, you can be fired for being gay. Well you can be fired for being gay in Michigan at least.

    10. Re:not analogous by MoneyT · · Score: 1

      And how do we know that these employee's remorse was any more or less sincere than a politician's? Going off track a hair here, politicians come from the public, not from some void, their ability to be incincere in their remorse is not a unique trait to them.

      --
      T Money
      World Domination with a plastic spoon since 1984
    11. Re:not analogous by kannibal_klown · · Score: 1
      Very true except in most states, you can be fired for being gay. Well you can be fired for being gay in Michigan at least.
      Ah, the joy of at-will-hiring states </sarcasm>

      It's not so much that people can be fired for being gay, but can be fired for whatever reason they employer wants (within those states).
      • You're too fat
      • you wear blue too often
      • I don't like you
      • you have bad breath
      • I don't like the Polish, scram
      • etc
      I find that really troubling. I think it's wrong to fire someone "because you feel like it." I don' think the answer is making a law saying "you can't fire someone for being gay," because then you run into the whole "what makes it worse to fire someone for being gay than firing someone who's fat, or Polish, or ...... "

      They should just do away with the AT-WILL laws and ask the employers provide some justification. Fair all-around.
    12. Re:not analogous by ral8158 · · Score: 1, Insightful

      So you'd WANT gay people/fat people/people who like the color blue to be forced to work with a boss that dislikes them? Or even, to take away the freedom of an employer to employ whoever he likes? That would be another freedom taken away, and it'd cause more problems than it would fix.

    13. Re:not analogous by kannibal_klown · · Score: 1
      So you'd WANT gay people/fat people/people who like the color blue to be forced to work with a boss that dislikes them? Or even, to take away the freedom of an employer to employ whoever he likes? That would be another freedom taken away, and it'd cause more problems than it would fix.


      But an employer is not just an ordinary person. As it stands, an employer/organization/etc already has to follow rules about many business matters. It's not like we're saying "nobody is allowed to not like gay/fat/disabled/etc people." I'm just saying an employer (company, etc) should have a reason to fire someone. After all, said person was good enough to hire in the first place and if not for this personal preference said person would still be working there.

      Imagine this scenario, you hire a woman. She performs her job extremely well, is never tardy, and gets along well with the co-workers. GREAT, a fine employee. A year or two go by (way past the probationary period) and you find out that she had an abortion a decade ago. You are disgusted and fire her on the spot, as you are in a right-to-hire state.

      In all that time, the topic never came up (so it's not like she was preachy about it) and her annual reports were stellar. Yet, on a whim you fire said employee. Even though she pleads the case that her husband has cancer and she needs the job to pay for the bills, you terminate her and go about your day.

      Tell me, how is that fair to her? Where your personal beliefs have done some heavy damage to her situation.

      Again, an employer is not just "an average Joe that doesn't feel like holding the door open for someone." An employer has to follow certain rules (minimum wage, certain benefits to full-time employees working over x hours, various tax laws, security laws, etc). Why the heck should they be allowed to do whatever they feel like, particularly when it can be abused so easily?
    14. Re:not analogous by Raenex · · Score: 1
      It's not a "personal attack", it's the impression that that posting gave me

      You could keep that impression to yourself, then. Calling somebody's point of view reprehensible can only be construed as a personal attack. It's the same thing as calling somebody an idiot for holding a position you don't agree with. Best just to stick to the argument, without calling into question somebody's personal character.

      Well, while we're on the subject, "owning up" to what exactly? These employees did not leak, they downloaded someone else's leaked software because they were enthusiasts and wanted to be better informed.

      You don't know why they downloaded the software. You don't even know that they only downloaded the software. The article says "It's not known whether the employees collaborated on sharing copies of the unreleased operating system or if they acquired copies individually."

      The simple answer is to not download copyrighted software without permission. The employees knew they were doing something they shouldn't have, but did it anyways: "All of us know that we violated our NDA and ethics policy."

  24. Re:Where is slashdot's coverage of Ubuntu's screwu by LiquidCoooled · · Score: 1

    If you see a story somewhere else and you haven't seen it here submit it.

    Don't complain about slashdot not posting things when (almost) every article is based upon user submission.

    --
    liqbase :: faster than paper
  25. Random Thoughst Having Just Recently Awoken by Jah-Wren+Ryel · · Score: 5, Interesting
    The actual ThinkSecret web page includes a more complete quote from the fired employee:
    All of us know that we violated our NDA and ethics policy. Therefore, because we had the character to tell the truth and to face the consequences of our actions, we were terminated," said one of the fired employees, who spoke with Think Secret on condition of anonymity. "My only question is, if we all lied and denied it would we still be working at Apple today? Even more so, is that the kind of person that Apple wants working for them?
    That first part is of interest. They have apparently been fired for violating Apple's NDA and the corporate ethics policy. Last things first: Anyone who has been required to go to "Corporate Ethics Training" at a big US corp like Apple knows that the term Ethics has been redefined by corporate america. It is not about morality, or taking the ethically correct action. It is all about making sure your actions don't get the company sued, and if they do get sued, making sure they have lots of CYA to keep from losing in court and having to pay out mucho moola.

    That's all there is to corporate ethics policies, nothing more and certainly nothing on which anyone should being using to judge a person's character.

    As for violating Apple's NDA - sounds like they used bittorrent to get a copy of the software from someone else who had originally made it public. That means they did not themselves take an internal copy from Apple and redistribute that. They only did what any other person on the net was capable of - go to a public website like isohunt and use the public information to get into the public torrent for the files.

    Because bittorrent makes you a redistributor as well as a simple downloader, I am sure they are technically in violation of Apple's NDA - but realistically their employment at Apple had nothing to do with their downloading of a copy.

    Thirdly - Apple, or rather whatever uptight member of lower middle management who actually made the call to fire these guys, is cutting off their nose to spite their face. Any retailer should be ecstatic to have store employees as interested in their own products as these guys (kids?) are. How many times have you all gone to best buy, or compusa or circuit city, etc, etc and been told absolute bullshit by some ignorant "sales associate?" When you've got employees that are so into your own products that they hunt down pre-release versions on the internet just check out for themselves, you need to keep them around, not fire them for trivialities.

    Last and probably least, but it made me chuckle, did anyone else notice the plagarism at VAR Business? Their link to the story at ThinkSecret includes an unnecessary "?www.reghardware.co.uk" in the URL, which is another computer news website. Looks like a violation of corporate ethics policy to me.
    --
    When information is power, privacy is freedom.
    1. Re:Random Thoughst Having Just Recently Awoken by Anonymous Coward · · Score: 0

      Here's the thing -- if they'd used bittorrent then they're contributing to the downloads. Also, if Apple didn't terminate their employment then they also put themselves in some legal jeopardy if future employees do the same thing. So Apple had to do it for legal reasons. And we shouldn't even be arguing this because it was against the company policy (grounds for immediate termination of employment).

    2. Re:Random Thoughst Having Just Recently Awoken by thegrassyknowl · · Score: 0, Offtopic

      It is all about making sure your actions don't get the company sued, and if they do get sued, making sure they have lots of CYA to keep from losing in court and having to pay out mucho moola.

      Funny that - this paragraph reminded me of those crappy email "disclaimers" that basically say:

      This email represents the opinion of the employee and this opinion is not representative of that of the company. This email probably won't blow up your country, but if it does it's not our fault, yadda yadda yadda

      And then the company getting sued because of something written in some email. The company then tries to sue the employee because the email must have been his/her personal opinion. I simply refuse to put that "disclaimer" into my emails. I think it's wanky, and it has questionable enforcability given that it's at the bottom of the email that you have to first open (good way to get a virus if you happen to run outlook) then read all of to get to the disclaimer. Fucking stupid corporate morons.

      --
      I drink to make other people interesting!
    3. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 4, Insightful

      First - ethics,

      Exactly, they got fired because they talked. As a retail employee, you are supposed to keep your mouth shut. If they had been exercising that particularly (to Apple) valuable skill, they'd still have a job.

      Second - the NDA.

      WHERE they got it doesn't matter. Leopard is a product that is restricted. Not just unreleased. Apple has what is known as a stovepipe organization. Some would term it as a firewalled org., too. What that means is that, depending on WHERE you work will determine what products you have access to. The NDAs the employees sign most likely have a clause that prevents them from getting access to information in other parts of the org., to prevent leaks. So where they got Leopard isn't at issue, simply the fact that they had it is enough. They work in the retail stores, so thay would have NO access to it at all.

      Third - cutting off of the nose

      Not an issue. Public reaction is not something they worry about here. The NDA these people violated spells out the consequences of the violation. If Apple doesn't fire these people, the next time Apple tried to do that, THOSE employees could go to court and use these cases as examples of how Apple had 'constructively changed' the terms of the NDA by this action. In the business world, the firings are normal and expected.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    4. Re:Random Thoughst Having Just Recently Awoken by GaryPatterson · · Score: 1

      "realistically their employment at Apple had nothing to do with their downloading of a copy"

      You have to be kidding with this. They downloaded an illegal copy of the software produced by the company that employs them, and the tool they used to download it made them redistributors in a very real (as opposed to purely technical) sense. You think that's not sufficient grounds to can them? Seriously?

      Talk about corporate ethics and how they're so evil and blah blah all you like, but there's no justification for their actions. They knowingly broke the terms of their employment. It was nice that they came clean, but they have to still accept the consequences of their actions.

    5. Re:Random Thoughst Having Just Recently Awoken by ceejayoz · · Score: 1

      It is all about making sure your actions don't get the company sued...

      One of your ethical obligations as an employee of a large company is to the shareholders.

    6. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      If they picked it up off the sidewalk and then loaded it on a computer, then it would be the same. However, picking something off the sidewalk is a far cry from willingly downloading it from the internet or where ever they got it.

      I disagree with the second point you make. An NDA is not negotiable unless you are a star talent, and there's no way these kids were star talents. If ya want the job ya sign the NDA. there's no dickering over the terms. I've had jobs where NDA's were required, and there was no opportunity to negotiate. You either signed or left the building.

      And yes, they can feel that there is ample reason to fire over an NDA violation. I didn't say they HAD too, but there is reason to lean towards that if they feel justification. Obviously, they did, and I'll bet other Apple employees will agree.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    7. Re:Random Thoughst Having Just Recently Awoken by ceejayoz · · Score: 1

      I said ethical, not legal.

    8. Re:Random Thoughst Having Just Recently Awoken by Jah-Wren+Ryel · · Score: 1
      picking something off the sidewalk is a far cry from willingly downloading it
      Just a second ago, you specifically said, "Where they got it doesn't matter. Now it does matter? Which is it?

      An NDA is not negotiable unless you are a star talent, and there's no way these kids were star talents. If ya want the job ya sign the NDA. there's no dickering over the terms. I've had jobs where NDA's were required, and there was no opportunity to negotiate. You either signed or left the building.
      You do realize that you are changing the topic to fit your rationalization? This is not about BEFORE the NDA is signed, this is about the consquences of violating the NDA. Those consequences are completely arbitrary and may range up to termination, but termination is not a requirement.

      And yes, they can feel that there is ample reason to fire over an NDA violation. I didn't say they HAD too.
      You did say they HAD too or else the NDA would be moot the next time it was violated. Here is exactly what you said:
      If Apple doesn't fire these people, the next time Apple tried to do that, THOSE employees could go to court and use these cases as examples of how Apple had 'constructively changed' the terms of the NDA by this action.


      I'll bet other Apple employees will agree.
      So? I bet many other Apple employees disagree, its a big company with lots of diversity.

      My point is very simple - Apple had no requirement to fire these people and on the face of it, the firings reflect a corporate attitude that the rules are more important than the work which is counter-productive.

      I am sure I am biased, one of my first jobs out of college was for a 10 year-old "mature start-up" of about 1,000 people which had, as the first rule of the employee handbook, "We will not do something stupid just because it is a rule written down in this handbook." I always thought Apple wanted to be seen as a company with similar values, but these firings appear to be counter to anything like that.
      --
      When information is power, privacy is freedom.
    9. Re:Random Thoughst Having Just Recently Awoken by ClamIAm · · Score: 1

      Apple has what is known as a stovepipe organization. Some would term it as a firewalled org., too. What that means is that, depending on WHERE you work will determine what products you have access to. The NDAs the employees sign most likely have a clause that prevents them from getting access to information in other parts of the org., to prevent leaks.

      That must make for some fun times in the cafeteria...

      Guy A: "Hey did you guys see that new Leopard stuff today?"
      Guy B: "Yeah it was really cool. I especially liked the... oh wait, I didn't see Guy C was here"
      Guy A: "Oh, guess we can't talk about that. Sorry dude"

    10. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      You were the one that brought up the issue of picking it up off the sidewalk. MY point was that what these guys/gals did was on purpose, not by accident, and so where they got the copy doesn't matter. So, like I said, where they got the copy really doesn't matter, they had it, that's it.

      I am not changing the topic, you are. My point was that they signed a non-negotiable NDA. so it was something they should have known was there, and what the consequences were. So there's no reason to bitch when they get canned.

      My point in the next issue you raise is that, for legal reasons, Apple probably felt that they did have to use the harshest form of consequence spelled out in the NDA, for the legal reasons I mentioned. Sorry my language wasn't as precise as you may have liked, but these kinds of things can make people feel that they really do have to do something, even if there are other things they really could do. What I should have done was added the phrase "for legal reasons" they had to. My opinion, you are entitled to yours.

      Yes, I am sure that Apple still wants people like you say, but these folks are sales associates hired to staff a mall store. They are not creative professionals hired to help produce the company's flagship products, and as such are not granted access to those products pre-release. This is undoubtedly meant as an object lesson to others in those stores: "Do NOT try this either, or you'll get the boot, too."

      There are times to be lenient,and there are times to show you mean business. When it comes to internal leaks, Apple has ALWAYS been hard-ass. Don't expect them to change now.

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    11. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      You do it humerously, but the issue is real, and is something people in many organizations really do have to deal with. The military is a good example.

      And I am sure people have been fired for failing to get it right:

      Dude A: "...and that new *insert secret here* is just cool! It'll really change the world!"

      Dude B (NOT allowed access to secret alluded to by A): "Wow, I didn't know we were doing that! Cool!"

      Dude A's boss (overhearing conversation): "Dude A, didn't you know Dude B isn't in our workgroup? Report to Security NOW, you're fired for violating your NDA! Your private stuff will be sent to you by Fedex." "Dude B, report to Mind Control for mindwipe immediately!" "Security!"

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    12. Re:Random Thoughst Having Just Recently Awoken by Jah-Wren+Ryel · · Score: 1

      You were the one that brought up the issue of picking it up off the sidewalk.

      Yes I was, in order to illustrate that your absolutist claim was incorrect, you have now at least partially backtracked on that claim, so my point was validated.

      I am not changing the topic, you are.

      Holy crap, what are you 16 years old?

      My point was that they signed a non-negotiable NDA. so it was something they should have known was there, and what the consequences were. So there's no reason to bitch when they get canned.

      Your example did not show that. Your example shows that signing the NDA as a pre-condition to employment is non-negotiable, but says nothing about the requirements placed on Apple regarding enforcement. You will also note that I have never once said anything about the terminated employee's opinions, they are irrelevant to the analysis, so judging whether they have reason to bitch is also irrelevant.

      for legal reasons, Apple probably felt that they did have to use the harshest form of consequence spelled out in the NDA, for the legal reasons I mentioned.

      You keep using different words that all mean "had to." You are still just as fundamentally wrong as you were the first time. Apple does not probably feel that way, they absolutely do not feel that way. You seem to be mixing up the "defend it or lose it" requirements of trademark law with employment law. As I have already illustrated, it does not work that way.

      There are times to be lenient,and there are times to show you mean business. When it comes to internal leaks, Apple has ALWAYS been hard-ass. Don't expect them to change now.

      Again, not an internal leak (as you yourself just wrote "not granted access to those products pre-release"). These people did not in any way abuse the privileges of their employment at Apple to gain access to the software.

      As for "creative professionals" being more important than mall employees and thus deserving of more sensible treatment -- that is exactly the kind of corporate rules are more important than the people attitude I say is counter-productive.

      --
      When information is power, privacy is freedom.
    13. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      "MY point was that what these guys/gals did was on purpose, not by accident, and so where they got the copy doesn't matter. So, like I said, where they got the copy really doesn't matter, they had it, that's it."

      That was my original point. Where did I 'backtrack"? Your point is NOT validated.

      You're the one that insists on continuing this argument, even when I prove my point, as I did here. So a personal attack is the only answer you have?

      "You keep using different words that all mean "had to." You are still just as fundamentally wrong as you were the first time. Apple does not probably feel that way, they absolutely do not feel that way. You seem to be mixing up the "defend it or lose it" requirements of trademark law with employment law. As I have already illustrated, it does not work that way."

      Look, you have your opinion, I have mine. I offered my opinion of why I think Apple acted the way they did, which is a rational argument for their actions. I didn't say that that IS why they did it, cause not being privy to that, I can't know. You weren't either, so you can't know what Apple ABSOLUTELY feels, either, now can you? (and, yes, it CAN work that way.)

      RTFA, the fired employee admits that they violated the terms of his/her NDA and the company ethics policy. I didn't make that part up. So your argument for this not being a violation is false and just another excuse to continue arguing.

      I did not use the word "important", you did. My remark is to illustrate the difference between one type of position and another. That difference, for the purposes of this discussion, is not one of importance, but of purpose and utility to Apple's mission. That is always something that will be taken into account whenever misconduct is considered by management. A mall employee will never be granted pre-release access to a core OS update or re-write, because of the kind of job they have. A core OS developer will, so his access may be high enough to make a difference in how a case like this is approached.

      Like I said, Apple has always been hard-ass about even the possibility of leaks about unreleased products, so this case does not surprise me. You may feel that they have over-stepped the bounds of common decency, or whatever standard you are applying. That's your right. I didn't state that it was right or wrong, but I happen to think that, from the point of view Apple takes, they did what they had to do to maintain internal security.

      Obviously, Apple really does think so - they did fire them, didn't they?

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    14. Re:Random Thoughst Having Just Recently Awoken by ClamIAm · · Score: 1

      Now that I think about it, it's a lot like kids who form secret clubs. The difference is that when you leak the secret, instead of feuding with your friends for two days, you get fired :(

    15. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      Good analogy! I like that, can I use it sometime?

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    16. Re:Random Thoughst Having Just Recently Awoken by ClamIAm · · Score: 1

      I dunno man, my analogies are booked solid for the next 3 months.

    17. Re:Random Thoughst Having Just Recently Awoken by rahrens · · Score: 1

      Aw, darn! Ok, I'll have my people call your people for an opening, in, say, December?

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
    18. Re:Random Thoughst Having Just Recently Awoken by Geoffreyerffoeg · · Score: 1

      he term Ethics has been redefined by corporate america. It is not about morality, or taking the ethically correct action.

      Actually it's been redefined by the courts and government oversight (which I'm not decrying; they're useful, but this is how they work). It's impossible to sue someone for bad moral character. It's very possible to sue someone for misusing assets. "Ethics", as corporate America uses it, is those actions that give a result that comes from ethical actions. If the original action itself isn't ethical, something like Occam's Razor prevents an outside observer from knowing that and complaining.

  26. Reminds me of a joke by Moraelin · · Score: 3, Funny

    Reminds me of a joke that went somewhat like this:

    A businessman was teaching his son about ethics and the ethical dillemas in busines, "Let me give you a practical example, son. See, there's this old friend and business associate of mine, whom I loaned some money to last year. So yesterday he came around and gave me my money back. When I counted the money, I noticed that two banknotes were stuck together, and he had given me a hundred dollars more than he owed me. Which, of course, raised the ethical problem: should I tell your mom too about the extra money, or not?"

    --
    A polar bear is a cartesian bear after a coordinate transform.
  27. My apple store experience by acomj · · Score: 1, Insightful

    There was a couple in the apple store next to me looking at a mac book talking about playing back some of the movies they had ripped for traveling. They were new to the apple world so wern't sure if they could play them back. I told them about some of the multimedia apps other than quicktime (handbrake, vlc). The employee quipped "I'm not supposed to talk about those" half joking and wandered away..

    hmmmmmmm

  28. Think Different? by erroneus · · Score: 0, Flamebait

    What *IS* it with Apple people!? And I don't speak merely of users of Apple, but I'm beginning to think ALL people involved in their seemingly exclusive club. Are they somehow brainwashed? Brain-dead? "...because I told the truth..." YES you idiot. Pleaing guilty for a lesser sentence only SOMETIMES works in a criminal court. And really, since the only punishment a company can give is termination, guess what they give?

    And this confusing idea of connecting "downloading while an employee" with "embezzlement"? Are you f***ing serious?! If nothing else illustrates the difference between theft and infringement, this comparison should.

    I'm wondering now if their "warm, soft and fuzzy" user experience has tainted their expectations of the world. Do they really think they live in such a world?

    Hasn't anyone noticed that the Apple logo has a bite taken out of it? It has a piece missing. Would you, in the real world, ever buy an apple that has literally been bitten from? Doubt it. Perhaps this is the starting point of the dementia. Or maybe it's the strange "happy" looks on the faces of Apple users that cause other people to want to join their brain-dead club? Maybe it's a combination of different types coming together for different reasons... all of which are largely *imaginary*. Or maybe the Apple logo is symbolic of their minds... you know... a piece is missing?

    It should be unsurprising to anyone that I am a Linux user. I am a sysadmin type who administers Linux, Windows and Apple computer systems.... (and other stuff too) So it's not like I'm inexperienced with Apple and "just don't understand." I see the whole realm of thought and behavior. Apple users really DO "think differently" and it's at the very least, a little troublesome.

    1. Re:Think Different? by rahrens · · Score: 1

      What is with the hostility here?

      This topic is interesting to this crowd because of the similarity (specious, I think) to the downloading issues you refer to. Also because it involves Apple, and everybody knows that stories about Apple, especially those that provoke spirited discussions like this one, generate hits. (Also, interesting, spirited discussions.)

      If you have something reasonably interesting to say to advance the discussion, then by all means, please join in. I'd be delighted, and entertained, to have a rousing discussion with you about this.

      But if all you can do is spout bullshit insults, then please, check your chair to keyboard interface - it is obviously screwed up!

      --
      "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
  29. value by way2trivial · · Score: 1

    real world #'s

    one is $2.00 worth of office supplies
    the other is the companies flagship product...

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  30. Here's the thing. by Si · · Score: 1

    Regardless of company policy, employee handbooks, or other such administrative nonsense, if a company wants to keep you, they will - kill the manager's wife, sleep with his dog, but if you're valuable, it'll be overlooked.

    On the other hand, if they want to get rid of you, they don't need a reason, and if some silly law says they do, they'll get one - inappropriate use of company resources (you checked headlines on slashdot once while at work), tardiness (you were 30 seconds late to a meeting), or spreading insider information about the company (someone overheard you telling your wife that you'd had a bad day at work). These and more have all been used to fire undesirables. In these circumstances, your only real recourse is to use the 'ee handbook against them - specifically, they have to enforce all rules equitably or the company leaves itself open to a discrimination lawsuit.

    Just don't expect to continue working there, regardless of the outcome of such a suit.

    --


    Why is it that many people who claim to support standards have such atrocious spelling and grammar?
    1. Re:Here's the thing. by OldeTimeGeek · · Score: 1
      Regardless of company policy, employee handbooks, or other such administrative nonsense, if a company wants to keep you, they will - kill the manager's wife, sleep with his dog, but if you're valuable, it'll be overlooked.

      Any company that does this is setting themselves up for, at best, personnel problems or, at worst, a lawsuit.

      Regardless of how good a person is differential treatment of employees is always a bad idea. Look at it this way: How would you feel if you and someone else break a company policy and you are written up while they get a "boys will be boys" and the matter obviously ignored? You wouldn't think "Well, if I was a better employee, I would get special treatment too.", would you? No, you'd find another employer and decide whether or not to talk to a lawyer.

  31. ANOTHER EXAMPLE... by Anonymous Coward · · Score: 0

    Another example of Jobs & Co. being a bunch of dicks and his buttboys supporting him on Slashdot.

  32. Um, do you mean "uploaded"? by Anonymous Coward · · Score: 0

    Did these guys "upload" Leopard to the internet, or did they just find it on the 'Net and "download" it. So many people seem to fail to realize that there IS a difference!

  33. so.... by linuxpng · · Score: 1

    These guys presumably worked in the retail store.... Know where else you could work for 8 bucks an hour part time (to avoid giving you benefits of course) and get treated like crap? Well anywhere honestly, but go work at wal-mart, UPS, or any restaurant.

    The feeling I get is that if you aren't in development over there at Apple, you aren't really going to advance up the chain very much. I wouldn't worry about it.

    1. Re:so.... by aristolochene · · Score: 1

      How were they treated like crap? I don't understand. Apple Manager "downloading apple's IP is not to be done. Anyone found guilty of this will face immediate termination of their contract" New $8/hr employee "yessir mr bossman" Apple Manager "Did you download Leapord?" $8 /hr employee "yes" Apple Manager "you're fired" Hard to see the injustice there. If you simply can't live without an advance copy of leopard then quit your apple job (amicably) and get another crappy $8/hr job. As you say, there's plenty out there.

      --
      echo $SIGNATURE
  34. This is Slashdot by Anonymous Coward · · Score: 1, Insightful

    Are people upset because the employees were fired even though they told the truth? Or are they upset because those fired employees should have had the right to download any software in existence without paying for it and without any repercussions?

  35. True Story by acvh · · Score: 5, Interesting

    Many years ago I was arrested (erroneously, but no matter) and while awaiting my turn in court I got to see the previous night's arrests being arraigned. There had been a prostitution raid, and a number of women were brought into court. One by one they would approach the bench, plead guilty, get fined $500 and be released. One woman, indignantly denying being a hooker, said she was only on her way to the corner store for groceries when she was arrested. When she pleaded not guilty the judge set bail at $1500 and remanded her to custody. Her response: "Wait a minute! If I'm guilty I pay $500 and go home? If I'm innocent I pay $1500 or go to jail? I plead guilty!" The public defender tried in vain to dissuade her, but to no avail. The judge accepted her guilty plea and she went home.

    The moral: I don't know.

    1. Re:True Story by Anonymous Coward · · Score: 2, Funny

      I think the moral is even whores need groceries .

    2. Re:True Story by confu2000 · · Score: 2, Interesting

      Well, obviously, the alleged prostitute coudln't understand the concept that you get your bail back if you show up to trial. And if you make bail, you too get to go home. So it's not a problem with the legal system but maybe a problem with the education level of alleged prostitutes. I guess I don't need to use alleged since she pleaded guilty.

    3. Re:True Story by Anomalyst · · Score: 2, Insightful

      Methinks that we have just discovered why it called a Court of Law and not a Court of Justice.

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    4. Re:True Story by olddotter · · Score: 1

      The moral (if a true story) is that this is all very stupid.

    5. Re:True Story by @madeus · · Score: 1

      She would still go to jail first, and would only be alloed home when it had cleared - and she'd still have to find the 1500 USD in the first place, which most people tend not to have just sitting in the bank (most people know they ought to, but they don't), and she'd have to go to trial (and might not see the money for weeks). If she didn't have the money, she'd just have to wait in Jail.

      I earn > 40K UKP (~80k USD) a year, but I don't usually have that much sitting in the bank (more like I have a perpetual ~ 1500 UKP overdraft) - I would have 500 USD (~265) for a fine avalbile to take out though....

      (Though I'd just call my parents to bail me out, and choose not to have a criminal record of course, but that's not a luxury every one has, particularly the poor who are more likely to be arrested.)

    6. Re:True Story by drinkypoo · · Score: 1
      Well, obviously, the alleged prostitute coudln't understand the concept that you get your bail back if you show up to trial.

      I'm pretty sure that just about all the hookers know how the basic court process works. Even the newer ones. The issue though is that if she just pays the $500 then she can go out and lay on her back and make money, and the whole thing is over - she can even make payments. If she even has $1500, then she still has to go to court, and will probably still end up paying the $500, and she's got down time from work. (Up time?) If she doesn't, she can cough up $150 to a bail bondsman, since it's typically 10% for a bail bond, but she still has to go back to court.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:True Story by poot_rootbeer · · Score: 1

      Well, obviously, the alleged prostitute coudln't understand the concept that you get your bail back if you show up to trial.

      Or, she didn't have $1500 available with which to post bail. (Alleged) prostitutes aren't exactly in the best of financial straits, you know.

      I guess I don't need to use alleged since she pleaded guilty.

      It's clear that she pled guilty out of convenience, not out of recognizance of actual guilt. In the court's eyes she is no longer only an "alleged" prostitute, but I haven't heard enough of her story to know whether or not she actually is one.

    8. Re:True Story by Anonymous Coward · · Score: 0

      If she didn't have the cash, most bondsmen will charge 10% or so to put the bond up, so she'd be out $150 plus the night in jail. I'd imagine that she'd do enough business to recoup the $500 fine during that night, so it'd still be cost-effective for her to just take the fine, unless of course she got arrested again.

      Big companies deal with fines the same way, although they call it "a cost of doing business". I think the EU is the only organizaton that understands that fines have to cost more than is gained by engaging in the behavior that prompted the fine in the first place. Otherwise they're ineffective.

    9. Re:True Story by Bongoots · · Score: 0

      Just like the witch hunts/trials in the olde days.

      You were deemed innocent if you drowned.. or guilty if you lived -- and would be burnt at the stake or put to some other equally horrendous ending.

      Why are these practices still allowed to continue?

    10. Re:True Story by nuzak · · Score: 1

      > Well, obviously, the alleged prostitute coudln't understand the concept that you get your bail back if you show up to trial.

      Minus 10%. Minus your time and stress of your trial, especially should you have the unforgivable effontery to plead not guilty and force a trial. They'll pile on prison and total financial ruin for that. And of course a lawyer, unless you want to be represented by a collaborator with the DA^W^W^Wpublic defender.

      Fact is though the DA probably wouldn't have pursued a case, given that it's not very nice to call people whores when you don't have any evidence and that this sort of nastiness doesn't help a DA out politically next time they need a break ... or a vote. When you bust someone for solicitation, usually it's pretty clear-cut, so you don't bother with anyone who you don't already have goods on.

      None of this applies to drug offenses of course -- the state has a quota of doors to kick down, gotta give those jackboots a workout and all.

      --
      Done with slashdot, done with nerds, getting a life.
    11. Re:True Story by Anonymous Coward · · Score: 0

      I pay more than 18k/yr in rent (well, I did before I had a roommate that's brought that down a bit now), I pay about 8k/yr on my car (after monthly payments, insurance, property taxes on the vehicle), and about 3k/yr on utilities (150/mo for electricity estimated, 50/mo on cell, 50/mo on internet+tv). There's well more than your yearly salary right there.. I still have to eat, pay for the gas (woo, hybrid and I live close to work so there's not too much cost there), and just bought a new computer (mm, macbook pro) and pay for student loans (though I just paid one of them off).

      I'm not the original poster (but I do make about 80k USD), but yeah.. cost of living in various places sucks ass. I went from a 35k/yr hourly-paid job (30k @ 40hr I think, it was really 50-60 hours/wk not as overtime so 42k at 55hr/wk) to this job, but went from sharing a three bedroom apartment for $500/mo total (split three ways) to living in my own $1495/mo apartment in SW Connecticut.

      Even with all that, I don't buy many frivolous items (before the new computer I was using either the work provided computer or my athlon slot-A 750 from before I went to college), and am accumulating several hundred/mo in savings. That's obviously post income tax, retirement, benefit costs, etc. So while yeah the cost of living is insane in various parts of the nation, there is no excuse for someone with 80k to be overdrawn like that.

      I don't know what the purpose of this post was except to make me shocked at how much money I spend.

    12. Re:True Story by Anonymous Coward · · Score: 0

      I can't speak for the guy pulling down $80K but I do make about 50% more than you and you wouldn't believe how fast that money goes if you just bought a Mustang (or any new car really). I mean, I am saving as much as I can (after pension contributions, car insurance, school loans, etc) but I know I've spent more on car payments than I've been able to save. It's just ridiculous and I'm really worried about what'll happen when I become a homeowner and have _that_ bill on top of all this :/

  36. Model-Specific installers by PDubNYC · · Score: 1

    I am not sure of the exact starting point, but I know that iBooks from about 4 years ago had a model specific installer which came with them. Actually was a bit of a pain in the ass to deal with. Of course the store-bought version of OS X works universally on Macs.

    And no serial # is required on any OS X install except for Server, as people have mentioned. You are mistaken or just full of shit to say otherwise.

  37. Re:Wierd by Anonymous Coward · · Score: 0

    Since when is point release a "next-generation operating system"?

  38. Re:You are all morons by rahrens · · Score: 1

    RTFA!

    They didn't download a COMPETITIVE OS. They downloaded a copy of an unreleased product made by their own company!

    Next time, have some idea of what you're commenting on before you open your mouth. (or engage your [defective] chair to keyboard interface!)

    --
    "Money is truthful. If a man speaks of his honor, make him pay cash." Notebooks of Lazarus Long, Robert A. Heinlein
  39. You don't get Leopard as an Apple employee? by Fjan11 · · Score: 1

    Why on earth are Apple employees downloading a preview copy of an Apple OS that has been handed out to thousands of developers? That would seem like carrying water to the sea. It seems silly not to give your own employees a copy for free, especially if they want to play with it in own free time. You would get much better feedback than from a third party and employees are bound by much stricter secrecy than third party developers. Steve Jobs has trust issues.

    --
    This sig is just as redundant as the rest of this posting
    1. Re:You don't get Leopard as an Apple employee? by porcupine8 · · Score: 1

      They work at the retail stores. Why on earth would Apple release free copies to every retail lackey, MONTHS before it's actually available to anyone but developers? I'm sure the people who need it for their jobs have their copies already - the cashier doesn't need it.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    2. Re:You don't get Leopard as an Apple employee? by Anonymous Coward · · Score: 0

      You would get much better feedback than from a third party and employees are bound by much stricter secrecy than third party developers. Steve Jobs has trust issues.

      Employees aren't bound any stricter than external developers working under an NDA - both can be sued quite easily, and the developer can have his Apple developer status permanently revoked, which will make it substantially more difficult to keep up with new developments that allow him to remain competitive.

      I'd also say that the fact that Leopard was available as a torrent indicates that Jobs is right to have trust issues.

  40. And, I'd go one step further... by Svartalf · · Score: 1

    It's a little silly to have fired them- they're employees downloading the thing off the Internet; it's concrete proof that their IP was being infringed upon. Now, the people can "not recall", etc. if they so chose because they're no longer favoring their now former employer.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  41. Not actually... by Svartalf · · Score: 1

    Since this is a civil trial, if enough perponderance of evidence is flung your way by the defendant and you
    can't address the same; you still typically lose the case.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  42. Re:Where is slashdot's coverage of Ubuntu's screwu by Anonymous Coward · · Score: 0

    I have to believe that it's been submitted multiple times. It's been all over other sites like digg. Besides, it's a big enough story that Cmdr Taco himself should post it, as he frequently does other stories. Face it - slashdot simply refuses to cover the story because it's a negative story regarding Linux.

  43. you broke the rules by oudzeeman · · Score: 1

    "If we all lied and denied it would we still be working at Apple today? Even more so, is that the kind of person that Apple wants working for them?"


    Ummm... so it doesn't matter if you break the rules as long as you confess before your boss finds out? Seriously, just because you confess, it doesn't mean that all should be forgiven.

  44. And, I'd go two steps further... by mr_rattles · · Score: 2, Funny

    Heck, I'd commend the five and give them promotions. No, make that two promotions! By conciously doing something that explicitly violated their company's policies and then having the honesty to admit that they did something wrong makes these people heroes in my opinion and they should be promoted to management. It takes a lot of balls to do something wrong, admit it, and then expect to be an exception to the rules and consequences. Let's hear it for these five heroic whiners!

  45. Policy of Truth by IL-CSIXTY4 · · Score: 1

    You had something to hide
    Should have hidden it, shouldnt you
    Now youre not satisfied
    With what youre being put through

    Its just time to pay the price
    For not listening to advice
    And deciding in your youth
    On the policy of truth

  46. Another Smart Move By Burns by GaryPatterson · · Score: 1

    Well... not exactly, but this does remind me of the Simpsons (after 15 years, doesn't everything?)

    Mr Burns is thinking of firing Homer for being massively obese and unable to work properly, but Mr Smithers cautions against it with the line "think of what the papers will say!" Mr Burns can only imagine headlines like "Another Smart Move By Burns."

    This case is one where I can't imagine any situation where these ex-employees look good. They did something they knew was wrong beforehand, and they knew the consequences of their actions would be dismissal, and yet they still did it and spoke about it while at work.

    Yes, it's naive enthusiasm - they wanted to get a headstart on their job and be even better - but they still did something wrong in full knowledge of the consequences. I feel sorry for them, but would sack them myself if I was their manager.

    And that'd be the right thing to do.

    Owning up is the easy bit. Taking the consequences is hard. When you make a mistake, you've got to do both if you're honest.

    1. Re:Another Smart Move By Burns by Anonymous Coward · · Score: 0

      Grammar nazi reminds you about the subjuntive mood: "...would sack them myself if I *WERE* their manager."

      Spelling nazi thanks you for getting there/their correct, and your/you're.

  47. I guess... by Serpentegena · · Score: 1

    No "Jobs" for these guys:)


    Sorry, I tried stopping myself

    --
    Microsoft put the "sucks" in "success".
  48. There appears to be a confusion of ideas here. by trudyscousin · · Score: 2, Funny

    In violating the NDA to which you agreed, you're an idiot.

    In admitting your wrongdoing, you're honest.

    You're an honest idiot. You're idiotically honest.

    Either way, you're an idiot, and the consequences of your idiocy is termination.

    (I'd say 'QED' at this point, but I'm sure someone here will rip this up...)

    --
    Those who can, do. Those who can't, write technology blogs.
  49. Not too bright... by Anonymous Coward · · Score: 0

    I don't know about other countries but even in the Netherlands where we are used to being protected by law from being fired (in many ways), stealing from the boss still is and always has been een sufficient reason for "ontslag op staande voet".

  50. I have Mod points BUT- What apple should have done by John+Jamieson · · Score: 1

    I have Mod points but I just have to skip it for this story.

    Is it just me that finds this whole thing strange???????
    Here are these store employees so excited about this new apple product, that they download and install it to see what it is like, so they can rave about the "Superiority" of Apple. And they are doing this "product research" in thier own time. They stole NOTHING from apple. They already paid for the computers, they could not buy the OS... Apple lost nothing.

    If anything apple should have said, "a one week suspension for breaking the law, now here is the official copy that you SHOULD HAVE ASKED FOR, now go and do some beta testing for us".

  51. BiC? by tepples · · Score: 1
    one is $2.00 worth of office supplies; the other is the companies flagship product

    True of Apple, but what about BiC?

  52. they have character by gruggni · · Score: 1

    Apple has a policy like most buisnesses about copyrights. These people broke it so they got fired. They fessed up to it, they have character. That is all.

  53. Do the crime, do the time! by Oz0ne · · Score: 3, Insightful

    Congratulations on being honest enough to admit your were cheating your employer. Now you have the opportunity to pay for your actions with your jobs.

    No of course apple (or any company) wouldn't want employees lying to them. They also wouldn't want employees leaking their software you freaking dumbasses.

    1. Re:Do the crime, do the time! by jgoemat · · Score: 1

      Well, tellin' the truth aint about what it can get you, it's a matter of principle and honor. They messed up, they came forward, they paid the price. Good for them. They didn't lie about it, but doing right doesn't cancel out the wrongs you've done. "Yes officer, I killed the man. Can I go home now because I told the truth?" I do have more respect for them that if they would have lied, and the offense doesn't seem all that serious. It looks like they just downloaded it when someone else made it available, they didn't post it themselves. They did probably use Bittorrent though, which means they distributed it while they were downloading it, helping out the network.

    2. Re:Do the crime, do the time! by SanityInAnarchy · · Score: 1

      Fer chrissakes, how many times do I have to say "not boolean"? In your example, if you confess to murder, you do often get a lighter sentence. It doesn't mean you go home, but it does provide you an inscentive to plead guilty if you are.

      And how do you think we learn principle and honor? Not because someone told us about Heaven and Hell, or Right and Wrong, but because it's usually reinforced by society. Parents behave the same way -- tell the truth, and you get less of a punishment.

      --
      Don't thank God, thank a doctor!
    3. Re:Do the crime, do the time! by Anonymous Coward · · Score: 0

      >In your example, if you confess to murder, you do often get a lighter sentence.

      They did get a lighter sentence; they only lost their jobs. Apple didn't go after them them for breaching their employment contract (the NDA) or for copyright infringement.

  54. Tough shit by IntergalacticWalrus · · Score: 1

    You know the proverb "two wrongs don't make a right", right? Well, the thing is, one wrong and one right STILL doesn't make a right. And those sacked employees were lucky, because Apple is quite the lawsuit-trigger-happy company. It could've been worse.

  55. One slight clarification... by mbessey · · Score: 1

    Anybody at Apple who's "working on" Leopard in any sense already has access to regular weekly builds of the whole OS. They couldn't get their job done otherwise. In general, this software distribution is limited to people who actually have a NEED to run pre-release software. Giving out early releases of OS software to anybody at the company that's merely CURIOUS about it would be counter-productive.

    Early builds of any software are going to be buggy, more or less by definition. Some of those bugs are going to be really bad - erasing disks, corrupting documents, leaving your Mac unbootable, etc. The loss of productivity isn't going to be worth it for "regular users" until the OS is pretty far along.

    -Mark

    1. Re:One slight clarification... by Anonymous Coward · · Score: 0

      Actually, it's a pretty good build.

      I downloaded it. :)

      I'm also not an Apple employee, so they aren't likely to fire me. :)

  56. Not everyone at Apple has access to Leopard by mbessey · · Score: 1

    I wrote a reply to a similar question earlier:
    http://apple.slashdot.org/comments.pl?sid=194869&c id=15972803

    The key point is that anyone at Apple who has a good reason to be running early builds of Leopard already has access to it. Because early OS builds are buggy, people who don't need to run them as part of their job probably shouldn't run them at all. Retail Store employees have no plausible reason to be running pre-release versions of an OS that isn't shipping for 6 months to a year.

  57. What does this have to do with punishment? by exp(pi*sqrt(163)) · · Score: 1

    Apple aren't in the justice business and it's not their role here to dole out punishments. They fired these staff because they clearly have no respect for Apple's IP and yet many of Apple's assets are IP. Apple can't afford to employ such people. End of story. You can read into it all kinds of metaphysical garbage about the nature of punishment and justice and shades if grey, but it's all irrelevant.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  58. What's the story here? by ral8158 · · Score: 0

    People get fired ALL the time for minor screw ups. Apple does it and suddenly their the big ol' evil corporation. WTF?

    Seriously, they screwed up, they lose their jobs. Why should they get to keep them? What reason does Apple have to believe that they wouldn't just do it again?

  59. The consequences of the real world by Anonymous Coward · · Score: 0

    "Because we had the character to tell the truth and to face the consequences of our actions, we were terminated. If we all lied and denied it would we still be working at Apple today? Even more so, is that the kind of person that Apple wants working for them?"

    Welcome to the Corporate World, guys.

  60. Re:Oh puhleez... (MOD PARENT UP) by talaper · · Score: 1

    When you try to mix the two, it wrecks the good taste of telling the truth. Don't regret doing the right thing. Just take this lesson forward and try to avoid doing the wrong thing in the future.

    wow, I think that's about the most intelligent thing I ever heard on slashdot..

  61. The difference by garote · · Score: 1

    People note that that blurb forgets to mention these were retail employees, not actual developers. Others respond, saying there's no difference, the consequences would be the same.

    But they wouldn't be!

    Here's what would happen if it had been a developer at Apple who did this:

    A long shadow would rise on the wall, over their LCD monitor. They'd swivel around in their chair, and Steve Himself would be standing there, in a spitting rage. He'd slap them full across the face, spinning them back around, and shout, "How DARE you do this to me! Pick up your crap and get out of my company! Leave your iPod at the door, and peel that 'Apple' sticker off your car, and when you get home, think long and hard about what you've done, and go work for Creative or something!!" Then he'd storm out, kicking the door aside, muttering under his breath.

    But from that point on it'd be about the same, yeah.

  62. The most surprising thing by Anonymous Coward · · Score: 0

    is that these employees are actually surprised. Last summer I worked at an Apple retail store and quit after a month realizing that I hated sales, but I would have never talked about or admited to using anything that Apple wasn't currnetly selling. Right after I got hired I asked two of the full-timers about the transition to intel. They sort of looked at each other uncomfortably and said I would have to look online. Any time anybody came in asking how to get music off their ipod you had to tell them to look around on the Internet. It was pretty clear to me I would have been fired if I told them I was using a pirated copy of any Apple software or running unreleased products.

  63. They weren't leaking the software. by argent · · Score: 1

    They were downloading copies from the Internet, not leaking software they'd acquired in their jobs.

  64. Re:I'm more curious to know how they caught them? by Chode2235 · · Score: 1

    I want to know how they caught them, or even suspected them of such a thing. More than likely they were bragging about it at work or whatever. But how the heck would Apple know what these guys were doing at home in their own time? Have the juristdiction of employers grown excessively? Reminds me of high school when they try to control and punish you for things that you did outside of school. Of course undermining your employers flagship product by seeding it isn't something that you can really expect to be take lightly.

  65. It sounds like Apple doesn't want stupid people... by DarkVader · · Score: 1

    It sounds like Apple doesn't want stupid people working for them.

    I'm sorry, telling on yourself is just plain stupid. I'd have fired them too.

  66. Barnie Fife, is that you? by Scudsucker · · Score: 1

    The incentive to tell the truth in the first place is being able to look at yourself in the mirror.

    If you're an absolute moralist with a stick up your ass, you gotta do what you gotta do. Given the probable proportion of disposable income these guys spent on Apple products, they'd have no more reason to feel guilty over downloading copies of unreleased software than I would for downloading a serial for Quicktime Pro, when over the last four years I've bought 4 Macs and 7 iPods.

  67. Yep, we get Vista by benwaggoner · · Score: 1

    Yep, I work for Microsoft, and we have wide ability to download all kinds of internal software, releaess and unreleased, even some stuff that isn't announced. We're all being constantly encouraged to use Vista at home and at work as beta testers.

    And we can even talk about it on Slashdot after :).

    Apple makes some great products, but it doesn't sound like that fun place to work, honestly.

  68. Re:I have Mod points BUT- What apple should have d by Slovenian6474 · · Score: 1

    Like many other have said, it's an unreleased version of OSX. Apple owns it, Apple specifically said "you shouldn't have it yet". Also what would preaching the superiority of a product that the congregation couldn't purchase do? It would make them hold off from buying a mac NOW. Preaching about it to customers before it's released will have no good effects over preaching to them at the time of release. Plus i seriously doubt Apple would give them a copy if they asked.

  69. hmmm by Ms.Maus · · Score: 1

    The article says 'admitted,' not 'came forward.' They got busted, and THEN came clean. Sheesh, it's really no wonder they got fired.

    --
    *biew biew*