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What if it was his own work he "stole"? I know if you sign yourself up with Apple, they claim all your work is theirs. I do have some degree of understanding for the employee here.

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This should be obvious to any adult that ever held a job ever, but whatever you produce during work hours (or even outside of work hours, depending on your contract) and while being paid by your employer does not and will not ever belong to you. This is not exclusive to Apple. This is common practice among most (if not all) companies, regardless of sector. If you take information and materials from one employer to the next, even if you were the person responsible for the code/design/whatever, it's theft. Plain and simple.
 
At least Apple isn't waiting like 5 years to file lawsuits anymore. God on them. I hope the dude get's smashed in half. Anti-Poaching laws need to be written specifically for the tech sector. I think the FCC or the FTC killed this back in like 2012 or something and it's been nothing but an infringement jungle ever since.
 
Yeah I guess you're right. Still Apple does have a high turnover rate.
Do you have data that shows that with apples to apples comparisons (pun intended)? For example, is Apple’s turnover (not to be confused with apple turnovers) within its engineering departments higher than other large corporation engineering departments doing similar things?

Broad comparisons at a company level are meaningless.
 
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At least Apple isn't waiting like 5 years to file lawsuits anymore. God on them. I hope the dude get's smashed in half. Anti-Poaching laws need to be written specifically for the tech sector. I think the FCC or the FTC killed this back in like 2012 or something and it's been nothing but an infringement jungle ever since.
you mean you want to get rid of the Sherman antitrust Act that was passed in the 80s? unless you're on the board of trustee of a fortune 500, you have 0 personal interest in keeping yourself from better jobs and opportunities.
 
you mean you want to get rid of the Sherman antitrust Act that was passed in the 80s? unless you're on the board of trustee of a fortune 500, you have 0 personal interest in keeping yourself from better jobs and opportunities.
The problem is that most jobs and most employees can't steal 2GBs of data and crash a multi-billion dollar business with it. His ass needs to get smashed to fubits.
 
If they can prove that he stole the info (which it seems they can), at the bare minimum this should trigger an independent audit to figure out what information (if any) has actually been handed over to Snap. Worst-case scenario for this guy, he ends up being sued by both Apple and Snap (which will claim that they never knew the info was stolen from Apple). He probably won't face jail time, but he might become financially wrecked. Play stupid games, win stupid prizes, I guess...
 
Do you have data that shows that with apples to apples comparisons (pun intended)? For example, is Apple’s turnover (not to be confused with apple turnovers) within its engineering departments higher than other large corporation engineering departments doing similar things?

Broad comparisons at a company level are meaningless.

I didn't really mean to compare Apple to anyone, that's what the article does. I just said Apple has a high turnover rate, end of story.
 
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This should be obvious to any adult that ever held a job ever, but whatever you produce during work hours (or even outside of work hours, depending on your contract) and while being paid by your employer does not and will not ever belong to you. This is not exclusive to Apple. This is common practice among most (if not all) companies, regardless of sector. If you take information and materials from one employer to the next, even if you were the person responsible for the code/design/whatever, it's theft. Plain and simple.

It is obvious, yes. You didn't need to mansplain all this.
 
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i'm not so sure about this, if true, then there is significant privacy concern being invoked here, however, a judge could order the defendant to turn over such data in a limited scope during the discovery phrase, only if the plaintiff can prove sufficient need to requests for production of documents. FRCP §34

Oh you want to bet? Some public information is available to back this, just try to recall a certain lady that made a fuss around equality of pay men vs women at Apple. Apple does reserve the right to search your own private phone, I guarantee they do that. As someone else said on here - whether it can be legally enforced or not is another thing.
 
It is obvious, yes. You didn't need to mansplain all this.

It apparently wasn't very clear to the person I was replying to, as they were heavily implying that it might not be considered stealing if the work is yours. They were also implying that this loss of ownership rights over what you produce when on a company's payroll is somehow exclusive to Apple/Apple employees, which it very much is not.
 
It apparently wasn't very clear to the person I was replying to you, as they you were heavily implying that it might not be considered stealing if the work is yours.

They them like seriously dude...

You replied to me as far out of context as possible just to have something to say. It was a rhetorical question supposed to have you think a little bit beyond the headline of this article.

You, or basically 99.9% of people who will read this article have zero clue as to what data he took with him. I merely suggested it could be his work, his work that maybe Apple turn down or didn't want, or maybe he couldn't get it further because getting though his bully manager was a PITA, maybe now Apple saw Snap take his idea and make it work and Apple realized they have the right to claim, who knows. Just giving out ideas to make people think in different directions other than the narrative...
 
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No air-quotes needed, the guy stole massive amounts of data using his work laptop and tried to cover it up. He could be a genius in his field, but he’s still a thief. Apple should sue for damages but they’re better off without him. Don’t ever keep disreputable people even if they’re good at their job. You can never trust a person like that.

Anything that you create/develop during work hours or with work resources is owned by the company and not the employee.
I worked for a US IT company for the last 8 years, and a couple months back, I got made redundant/laid off (I'm based in the UK).

My laptop contained tonnes of documents and files, many of them personal. I also had tonnes of files in the company's One Drive cloud storage, and lots of personal stuff in One Note. I know I shouldn't have done, but I blurred the lines between using my laptop as primarily my work device, and a personal device. (In the evenings, and weekends, I'd watch Apple TV or Neflix on it, etc.)

Anyhow - during my 'gardening leave' I copied all of my stuff into my own One Drive - in total around 22GB of data, mainly made up some of my video projects in Camtasia, Premiere Pro, After Effects, etc. I worked hard on those projects and developed certain techniques and tricks which I didn't just want to leave. I guess by copying this makes me a thief, too! But I'm not trying to profit from it or sell it to another company. I just wanted to retain the things I worked on so that I could refer back to them when/if necessary... I suspect many people are in the same boat when they leave a company.

And no, I'm not defending this guy. He went to a competing company after downloading top secret product plans and roadmaps - that's definitely a no-no, and I think Apple is right to take action on this.
 
I'm surprised Apple hasn't compartmentalized development so that people just work on one component without needing access to most of the rest of the devices info.
 
Oh you want to bet? Some public information is available to back this, just try to recall a certain lady that made a fuss around equality of pay men vs women at Apple. Apple does reserve the right to search your own private phone, I guarantee they do that. As someone else said on here - whether it can be legally enforced or not is another thing.
sure, how much you want to wager that accessing this guy's laptop would not be possible without a court order during discovery.

"The California Court of Appeal held that a home computer is “subject to inspection,” but discovery must be constrained to relevant, non-privileged information . A broad, privacy-invading search is improper; instead, courts require:
  • Demonstrated relevance to a party’s claims or defenses.
  • Protective orders limiting scope (e.g., filter for personal content).
  • A balancing of the privacy invasion against the need for evidence"


    TBG Ins. Servs. Corp. v. Superior Ct., 96 Cal. App. 4th 443, 443 (2002)

 
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Grand theft in California is not automatically a felony, it could also be charged as a misdemeanour
That usually depends on the value of what was stolen.
Which, AGAIN, would be up to the prosecutor

Apple can “bear their full legal weight on him” as you said, but Apple still can’t put him in prison.
Don't be so dramatic, no one thinks Apple should be able to lock him up.

Of course it will be up to the prosecutor, but if discovery shows that he did more than simply download an archive of his work and planned on profiting form the data either through his new job or independent sale then it should be treated as grand felony and he should get a proportional financial penalty and probably prison time.
 
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The problem is that most jobs and most employees can't steal 2GBs of data and crash a multi-billion dollar business with it. His ass needs to get smashed to fubits.
so you want to throw out the legislative and community's balance of interests out the window for one guy? this sounds more prejudicial to me than reasonableness.
 
sure, how much you want to wager that accessing this guy's laptop would not be possible without a court order during discovery.

"The California Court of Appeal held that a home computer is “subject to inspection,” but discovery must be constrained to relevant, non-privileged information . A broad, privacy-invading search is improper; instead, courts require:
  • Demonstrated relevance to a party’s claims or defenses.
  • Protective orders limiting scope (e.g., filter for personal content).
  • A balancing of the privacy invasion against the need for evidence"


    TBG Ins. Servs. Corp. v. Superior Ct., 96 Cal. App. 4th 443, 443 (2002)

Okay, we're talking about a phone. A phone someone brought to work often. Stop arguing with me, I know what I'm saying and I wouldn't say it if I didn't know what I'm saying. You know what I'm saying?

They will schedule a meeting with your manager, take you to a room, ask you to give them your phone. It's in your contract. You don't - you have something to hide. You do, you're screwed. What do you do? And they can totally do this to you, trust me. Maybe they can't legally enforce it, maybe they can. Maybe some day you will have a contract with Apple and will know what I'm talking about.
 
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Okay, we're talking about a phone. A phone someone brought to work often. Stop arguing with me, I know what I'm saying and I wouldn't say it if I didn't know what I'm saying. You know what I'm saying?
a phone is still personal property, that private entities such as apple does not have the right to intrude without judicial oversight.
 
a phone is still personal property, that private entities such as apple does not have the right to intrude without judicial oversight.

Yeah it's like cop pulling you over and asking you to get out of your car. You don't have to, but do you know that you don't have to?
 
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They will schedule a meeting with your manager, take you to a room, ask you to give them your phone. It's in your contract. You don't - you have something to hide. You do, you're screwed. What do you do? And they can totally do this to you, trust me. Maybe they can't legally enforce it, maybe they can. Maybe some day you will have a contract with Apple and will know what I'm talking about.
thats an assumption that just because you aren't willing to consent to search means you have something to hide. they cannot do anything but terminate you as that is their only course of action. and you are correct, they cannot legally enforce it without a judicial oversight, maybe some day you will learn about constitutional law and will know what i'm talking about.
 
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