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Apple Allegedly Sought Non-Poaching Deal With Palm
theodp writes "A Bloomberg report that Apple CEO Steve Jobs proposed a possibly illegal truce with Palm against poaching their respective employees is sure to pique the interest of the US Department of Justice, which already is investigating whether Google, Yahoo, Apple, Genentech and other tech companies conspired to keep others from stealing their top talent. 'Your proposal that we agree that neither company will hire the other's employees, regardless of the individual's desires, is not only wrong, it is likely illegal,' former Palm CEO Ed Colligan reportedly told Jobs in August 2007." The article notes that Apple was probably reacting to Palm's hiring of Jon Rubenstein, who had been instrumental in developing the iPod and went on to spearhead the Pre for Palm (and has now become Palm's chairman and CEO). "It's the story about the importance of charismatic engineers," said veteran Silicon Valley forecaster Paul Saffo. "People don't work for Palm. They work for Jon Rubinstein. One has to wonder how Steve Jobs ever let Jon Rubinstein leave."
You're talking about the situation where Apple's contract with the employee states that said employee may not work for competitor(s).
This is different. It's either:
Palm state they won't hire anyone who works for Apple (& vice versa).
Or
Palm state they won't actively solicit current employees of Apple (& vice versa).
Since the original article is full of speculative crap and theodp's summary is full of shrill hysterics it's difficult to tell which. IANAL but I'd guess at least the second of those is probably legal.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Jobs is, if not an innovator, then at least very clever about which trends to follow and has built a cult of personality. He is an ass, but he's a nerd's kind of ass who admires elegance and wants to get things done.
Bill Gates is a manipulator and has built a cult of anti-personality. Of course, neither one is Jesus. They're both just some corporate masters of your capitalistic destiny. Gates, of course, is the far more successful. He has the kind of power that Jobs fantasizes about; at the top of the Gates foundation, he can alter the futures of whole nations through investment and charity... or the lack thereof.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
The problem is that if you DON'T setup these types of agreements, and continue hiring away employees from direct competitors then you open yourself up to nasty patent/trade secret disputes. You've made a business practice of hiring employees with inside knowledge and you just set yourself up for the lawsuits.. that's why they call it "poaching'.
Many business partners have these agreements, so that suppliers aren't competing with their customers for employees on the same projects... after all, why pay another company to do a job when you can just hire their best employees?
From the slashdotter point of view, the headhunting is quite bad for YOUR career. Because these companies headhunt off each other, that means they're not looking for NEW talent (which of course there is such a shortage of!!!) preferring to hire the guy away that did the last cool project that was published, skyrocketing salaries pricing you, the mid-level employee, out of the game. Consider it like salary caps in sports. The stars make multi-million dollar deals.. the other 29 guys that practice just as hard and show up for all the games too get $75k tops ... In the same way, for each of these "rockstars" there's an army of guys making barely enough to afford living 2 hours from work (in northern California mind you).. but they make the "rockstars" look good and get the product shipped on time.
This is why the companies focus on out-of-college recruiting almost exclusively (and there aren't enough new graduates willing to work like they have 10 years experience)... so they can pay sub-market wages and dangle the "rockstar" salary, eventually, rather than looking for older, meticulous, team players that get things done on time and under budget... and don't even work OT to do it! But of course they don't work for "rockstar" wages and they don't work for "newbie" wages either.
I know someone who moved from the iPhone project to Palm. He was at a high enough level to be screamed at by Steve Jobs in person, and he didn't like that. He waited until the iPhone shipped, then left for a company with sane management.