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Intel Sues Ex-Engineer For Trying To Steal 3D XPoint Technology On His Way To Micron (theregister.co.uk)

Intel has filed a lawsuit last week against one of their former hardware engineers, alleging they tried to steal confidential chip blueprints to potentially pass on to Micron. "The lawsuit [...] is the latest twist in the tale of Intel and Micron's difficult partnership over 3D XPoint memory," reports The Register. From the report: The legal complaint, aimed at former employee Doyle Rivers, alleges that having "secretly" accepted a position at Chipzilla's former bedfellow, Micron, Rivers had a go at taking confidential trade and personnel data with him as he left. Intel alleged that a few days before leaving, "Rivers tried to access and copy a 'top secret' designated Intel file that Intel's electronic security system blocked from being copied."

Chipzilla said the document was related to what it was at pains to say is its "independent" work to productize the 3D XPoint tech into its Optane product line. In other words, blueprints secret to Intel. No one outside Intel, "including Micron" had been privy to such data, the complaint alleged. Intel's security system stopped the file from escaping, but according to the complaint, that did not stop Rivers from allegedly hoovering up a selection of personnel files into a USB device plugged into his computer. The chipmaker also claimed that Rivers "aggressively" recruited his former colleagues to join him on his grand adventure to pastures new.
Intel demanded that Rivers return the USB drive, but he apparently "never responded" to them. Instead, "he handed the USB device over to his new employer." It was later discovered by a forensic investigator that it had been wiped. Intel is now demanding "a neutral forensic investigator" be allowed to take a look at Rivers' PC to see what was on there, and when exactly the USB stick was erased. There's a deadline of November 16 for Rivers to agree to this probing.

33 comments

  1. Deadline of November 16th? by ArchieBunker · · Score: 3

    Think an "editor" could give a followup to this?

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:Deadline of November 16th? by mlyle · · Score: 1

      It's poorly written in the summary. There was a deadline of Nov 16 for him to agree; he didn't; so Intel sued.

    2. Re:Deadline of November 16th? by Anonymous Coward · · Score: 0

      There's a deadline of November 16 for Rivers to agree to this probing.

      If they worded it like this it's no surprise he didn't agree. Ouch.

    3. Re: Deadline of November 16th? by Anonymous Coward · · Score: 1

      I'm pretty sure it was the liberal master-mind Johnny Cash who got a suitcase full of Russians from Clinton Eastwood.

    4. Re: Deadline of November 16th? by Anonymous Coward · · Score: 0

      Well, the reality is that any secret sauce is usually way to complicated to copy and hardly worth the effort if they will sell it to you

  2. Micron just lost their Chinese case? by Anonymous Coward · · Score: 0

    Pot calling Kettle black seems injurious to their own poaching/ip theft concerns regarding chinese competition in light of these revelations. Now this is just industry standard behavior which will make it hard for them to claim damages against the chinese companies unless they pay out the same to Intel.

    And you can bet China will capitalize on it.

    1. Re: Micron just lost their Chinese case? by Anonymous Coward · · Score: 0

      These things usually happen because some drunk idiot broke their finger dancing around the office

    2. Re:Micron just lost their Chinese case? by Kohath · · Score: 1

      No. "They did it too" is an argument for assholes posting shit in online forums. Courts don't care. Judges are grownups.

    3. Re:Micron just lost their Chinese case? by Anonymous Coward · · Score: 0

      Wrong. It's a mitigating factor and a factor of the 4th 5th 10th and 14th amendments. You don't know any judges nor the law.

    4. Re:Micron just lost their Chinese case? by Anonymous Coward · · Score: 0

      No it isn't. The actions of another party at another time have nothing do to with the legality of lawbreaking in another instance.

      They call your argument "whataboutism". What about Clinton? What about Obama? What about Seth Rich? etc etc. It's the broken thinking of a broken mind.

  3. intel community of tar budgets by Anonymous Coward · · Score: 0

    What is the purpose of such frivolous lawsuits? For starters the CIA lemon party gestapo is trying to keep the illusion alive that intel and micron are two different companies. They are as"different" as two virtual OS system installed on the same computer. You know they are very different, but they are just fronts of tar budgets. Levers. Notice all those offices of high tech companies are designed to function like neverland ranches. They do no work there except "arbeit macht frei" activity. You know they are "freeing" themselves by using labor of others.

  4. al lowe by Anonymous Coward · · Score: 0

    Its ok Al Lowe just did the same thing. But waited 30 years.

  5. Intel just trying to lower salaries by Anonymous Coward · · Score: 0

    Its obvious they just want to block employees from leaving and getting better deals elsewhere. This bs is just smokescreen.

  6. Ban them by Anonymous Coward · · Score: 0

    Ban Micron from buying any litography tech as was the case with taiwanese and chinese company!

  7. Nothing Illegal Happened by Anonymous Coward · · Score: 3, Interesting

    First of all, at every job I have ever had, I signed something that said I agreed to destroy any confidential information I might find myself in possession of, should my employment come to and end.

    His employment came to an end, and he wiped the USB drive, which is probably consistent with whatever employment agreement he signed.

    Seldom is "company policy" a signed contract. So if he took files that he wasn't supposed to (but were nevertheless unprotected by any security whatsoever), at worst he violated a company policy and should be disciplined within the scope of his employment (which is moot, since he is no longer employed there).

    1. Re: Nothing Illegal Happened by Bigjeff5 · · Score: 1

      That may not be completely true. Many types of corporate espionage are illegal. The timing would matter, if he was a Micron employee before he erased the files that's potentially a really big deal.

      I'm not familiar enough with the law to know if this would qualify, but Intel probably isn't going to sue if they don't think they have a case.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re: Nothing Illegal Happened by Anonymous Coward · · Score: 0

      but Intel probably isn't going to sue if they don't think they have a case.

      Or it could be a good way to put out a warning to any other Intel employees thinking of doing the same.

    3. Re:Nothing Illegal Happened by ShanghaiBill · · Score: 2

      His employment came to an end, and he wiped the USB drive, which is probably consistent with whatever employment agreement he signed.

      He was notified that the USB drive contained legal evidence. If he wiped it after that notification, he may be guilty of obstruction of justice, which is a crime. That is why they are having a forensic investigator try to determine the date the drive was wiped.

    4. Re:Nothing Illegal Happened by Corbets · · Score: 1

      Many employment contracts forbid people from taking confidential information outside the employer, and many specify septic if financial restitution (usually related to salary or damages) should they do so. I myself have seen police actions against people caught by a corporate DLP system.

      The contents of this story are hardly news.

    5. Re:Nothing Illegal Happened by Corbets · · Score: 1

      Err, “specific”, not “septic if”

    6. Re: Nothing Illegal Happened by Anonymous Coward · · Score: 0

      The microwave in my office has other purposes than heating food.

    7. Re:Nothing Illegal Happened by Aighearach · · Score: 1

      No, if he wiped it that would be spoliation of evidence, which means that the Court would infer that it proved the things Intel says it proved.

      If he obstructed justice, that has nothing to do with Intel's lawsuit, and Intel's lawyers aren't the ones who handle that part.

      Don't get so easily distracted by squirrels.

    8. Re:Nothing Illegal Happened by Aighearach · · Score: 1

      And yet, many do specify septic ("oh shit!") if financial restitution and police.

      I think you had it right the first time.

    9. Re:Nothing Illegal Happened by Anonymous Coward · · Score: 0

      Absent additional details, my inclination is that this is Intel using strong-arm tactics to discourage other employees (who may be looking to jump to Micron) from leaving any time soon.

      If he was informed by the court to preserve the drive, and *then* wiped it... well, looks sketchy and he's a dumbass.

    10. Re: Nothing Illegal Happened by Anonymous Coward · · Score: 0

      I don't know, it says part of intels complaint was that he was aggressively recruiting other employees to join him moving jobs. There's absolutely nothing so much as even legally questionable about that, and in fact, intel trying to stop him from doing that would in itself be illegal. So by them including that, I have to be suspicious of their other claims.

    11. Re:Nothing Illegal Happened by Anonymous Coward · · Score: 0

      Unfortunately, it would be fairly hard to prove beyond a reasonable doubt that he wiped it after getting said notice.

      Unless they say, can recover files that are date/timestamped after the notice, but even there, there is wiggle-room from the time the notice is created to when it is actually served.

  8. Let me know when 3D XPoint "technology" takes off by Anonymous Coward · · Score: 0

    because so far all you have are regular run off the mill products at inflated prices. I don't care what you print on the boxes, it's regular run off the mill products.

  9. Re:Let me know when 3D XPoint "technology" takes o by Marxist+Hacker+42 · · Score: 1

    It sure took off on Singles Day in China when Alibaba used it in their datacenters.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  10. I like the "restricted document" part by Snotnose · · Score: 1

    I spent 14 years at a large chipmaker, y'all would know them if I named names. Maybe once a month or so I'd try to access a document only to get "access denied". I'd shoot off an email and usually within the hour I'd be reading that doc.

    We won't mention the amount of Company Confidential stuff I had on my home PC, needed to work after hours. I didn't work from home mind you, but it was expected at my level I'd have a VPN RSA key and was expected to use it a few times a week.

    Oh, my level? Engineer. Fancy word in front of it to justify my salary, but I was not management.

    1. Re:I like the "restricted document" part by gweihir · · Score: 1

      In any business based on mental work, you need to fully trust your employees. After all, you cannot search and erase their minds when they go home from work. Also, DLP is a mix of wishful thinking and an empty threat. Example: One of our customers has a "fully locked down laptop". You can work remotely with this thing though and you can connect an external monitor, mouse and keyboard. I guess they have never heard of frame-grabbers, HD cameras, old-fashioned pen&paper and MCUs simulating mice and keyboards.

      So, how to make this secure? Easy: Treat your people well, address grievances, give perks, make them want to stay. Also detect if somebody is not really there anymore and offer them options. If somebody leaves, be generous and they will remember that. Most people want to be loyal and understand that this is a two-way street. Of course, if you treat your employees as disposable, low-value scum that you try to squeeze maximum profit out of, you will find all your secrets are soon in wider circulation.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:I like the "restricted document" part by Anonymous Coward · · Score: 0

      IANAL. Steal.? Nothing was stolen,and a different word should be used for making a photocopy or digital copy.
      Secondly If I was bright and in the loop, it would be in my head, and I would be able to describe 99.99% of the geometry - which would have been discovered by trail and error. For Intel long and skinny is a known. Yield is the really valuable bit.
      What Intel has a signal of intent, and wants a fishing expedition - no way.

  11. Micron Press Release by Anonymous Coward · · Score: 1

    Micron just made this press release:

    "We at Micron take the security and quality of our products, data and intellectual property (IP) very seriously. We frankly would have nothing to do with the bug-riddled security shitholes that Intel produce, so even if a new hire were to offer us such documents we wouldn't use them."