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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?""

33 of 325 comments (clear)

  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 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.

    4. 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.
    5. 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.

    6. 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.
    7. 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.

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      You are not alone. This is not normal. None of this is normal.
    8. 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.

    9. 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
    10. 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.

    11. 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.
    12. 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.
    13. 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.

    14. 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.'"
    15. 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.'"
  2. 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 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
    3. 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.

    4. 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.
    5. 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.
  3. 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.
  4. 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.

  5. 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 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.

  6. 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

  7. 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
  8. 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
  9. 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?

  10. 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.
  11. 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.