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Non-competes typically are enforced for...
...company executives. Clearly Mr. Papermaster was an executive of IBM and therefore the non-compete is applicable. IMO he does have a strong argument that his new role is materially different enough where the non-compete is not applicable.

To work around this he should "volunteer", unpaid, his time and effort at Apple managing the iPod division at Apple until such time as the non-compete is no longer appliable (I think it was a year of which IBM has already offered to pay his salary for that year).
Posted by: ye   Posted on: 11/10/08  (Edited: 11/10/2008 @ 05:17) You are currently: a Guest | Members login | Terms of Use
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Non-competes typically are enforced for...  ye | 11/10/08
volunteering  sales@... | 11/10/08
The right of it.  shanedr | 11/11/08
Non-compete should be illegal!  Tim Patterson | 11/10/08
Should not be enforceable  Spats30 | 11/10/08
Adults should not give their word  No_Ax_to_Grind | 11/10/08
Who interprets the word though  voska1 | 11/10/08
Thats why its put in writing  No_Ax_to_Grind | 11/10/08
re: Non-compete should be illegal  Loggies | 11/17/08
Does IBM have good secrets?  sysin | 11/10/08
re: Does IBM have good secrets? - Yes they do.  arbenius | 11/10/08
NCO should be illegal and even more  Quebec-french | 11/10/08
Will he really be working the iPod unit?  GuidingLight | 11/10/08
Indeed.  No_Ax_to_Grind | 11/10/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  LBean | 11/10/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  space1nvaders | 11/10/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  jameskatt | 11/10/08
Both are right, but he signed and tied.  JTrack3d | 11/10/08
This is exactly why I don't sign them  Chad_z | 11/10/08
And that is as it should be.  No_Ax_to_Grind | 11/10/08
I've refused to sign these agreements  voska1 | 11/10/08
Copied From Image To Text  Grayson Peddie | 11/10/08
But why hire someone from IBM?  Professor8 | 11/10/08
What? Where did it say he was disgusted?  Pliny the Elder | 11/10/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  rayfrommo | 11/10/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  pebear | 11/10/08
Out for a year is out for ever  A.Sinic | 11/12/08
RE: The IBM-Apple-Papermaster triangle: How far does a non-compete go?  justanitguy | 11/11/08

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