Comex and Apple Part Ways

[mmaboi21]

While I agree, I am surprised if this was the only method of contact used, as email delivery cannot be taken for granted, no matter now reliable it is now. Business related matters should at the very least have a fallback method or two (such as phone or conventional mail.)

True but typically the letter is the paperwork. I got a promotion and had to respond to the email/letter with "I accept" for it to be correct. My first response didn't qualify and it went like this, "Of course! I'm just happy for the opportunity".

[Torinate]

So, when apple has responded to my several emails about the horrible maps app, what should I do? They've made it quite clear...

[Andaz]

He's been hypnotized by apple and been thrown by apple. Just saying.

[ZXMustang]

Not a single **** was given over this dumb thread.

[mmaboi21]

Not a single **** was given over this dumb thread.

That's optimistic.

[unison999]

1) He should no longer be bound to any such terms after the termination of his employment. NDA's only apply to work internal to the company in question, no what an employee works on when no longer employed there. Apple simply would have no legal right to enforce such a mandate even if it was part of his employment contract, since that contract is null and void when said employment ceases to exist.

I know for a fact that I am right, because I had similar contract and it was explained to me by my lawyer. There was a lot of renegotiating before I signed, I bet Comex did not get a lawyer and signed whatever was put in front of him.
Also getting fired or quit do not release you from your obligations per term on the contract, once he signed that contract he is screwed.

He was only an intern you have to be an employee for those contracts to work.

No you don't, if he signed a contract he is screwed. Considering what he did before working for Apple, they definitely protect themselves with a contract.

[spazturtle]

I know for a fact that I am right, because I had similar contract and it was explained to me by my lawyer. There was a lot of renegotiating before I signed, I bet Comex did not get a lawyer and signed whatever was put in front of him.
Also getting fired or quit do not release you from your obligations per term on the contract, once he signed that contract he is screwed.



No you don't, if he signed a contract he is screwed. Considering what he did before working for Apple, they definitely protect themselves with a contract.

Contracts like that are not legally binding, You can't just take away random people rights, he isn't nor has he ever been employed by Apple.
If I got you to sing a contract saying that you could not work in this field you could walk away and break it.

[kyphur]

Contracts like that are not legally binding, You can't just take away random people rights, he isn't nor has he ever been employed by Apple.

A contract where Comex agrees that he can't divulge or otherwise use the information he is privy to during his internship is perfectly legal. Apple's code and internal workings of the iDevices are in fact proprietary intellectual property that nobody has the right to access. For a contact to be legal each party gives up something and receives something. Comex received access the that property and gave up the ability to use it outside of Apple-land. Apple received access to a prolific jailbreaker and gave up access to that property therefore the contract would be enforceable.

Apple would have good cause for legal action (assuming there is such a contact) if Comex contributes to an iOS 6 Jailbreak or A5/A6 exploit assuming he was given access to these. Now once iOS 7 is out Apple would be on shaky legal ground and definitely have no standing on exploits for processors after he parted ways with Apple.

[spazturtle]

A contract where Comex agrees that he can't divulge or otherwise use the information he is privy to during his internship is perfectly legal. Apple's code and internal workings of the iDevices are in fact proprietary intellectual property that nobody has the right to access. For a contact to be legal each party gives up something and receives something. Comex received access the that property and gave up the ability to use it outside of Apple-land. Apple received access to a prolific jailbreaker and gave up access to that property therefore the contract would be enforceable.

Apple would have good cause for legal action (assuming there is such a contact) if Comex contributes to an iOS 6 Jailbreak or A5/A6 exploit assuming he was given access to these. Now once iOS 7 is out Apple would be on shaky legal ground and definitely have no standing on exploits for processors after he parted ways with Apple.

I think I remember comex saying that he never actually worked with code at apple.

[kyphur]

I think I remember comex saying that he never actually worked with code at apple.

Which very well may be the case but even so he still might be restricted if Apple can say he "had access" to it or anything the contributed to it's design.

The bottom line here that only Comex and Apple know what he may have signed and what restrictions, if any, are currently on him.

Even more relevant to the discussion is that everyone knows Apple will drop lawyers on even the smallest of legal standings.

Finally, just to sum it up: Yes NDAs (Non Disclosure Agreements) can prevent a person from divulging or using information they have been allowed to access.

[mmaboi21]

I think I remember comex saying that he never actually worked with code at apple.

That can't be true. I know for a fact that he has delved in code.

[szr]

A contract where Comex agrees that he can't divulge or otherwise use the information he is privy to during his internship is perfectly legal. Apple's code and internal workings of the iDevices are in fact proprietary intellectual property that nobody has the right to access. For a contact to be legal each party gives up something and receives something. Comex received access the that property and gave up the ability to use it outside of Apple-land. Apple received access to a prolific jailbreaker and gave up access to that property therefore the contract would be enforceable.

Apple would have good cause for legal action (assuming there is such a contact) if Comex contributes to an iOS 6 Jailbreak or A5/A6 exploit assuming he was given access to these. Now once iOS 7 is out Apple would be on shaky legal ground and definitely have no standing on exploits for processors after he parted ways with Apple.

This may be true, but if a jailbreak did come out and he did contribute to it and such a contract did exist, Apple would have a very difficult time being able to prove that it was in fact him and not someone else who provided such knowledge, as there are other knowledgeable people in the JB community. Even an entity as large as Apple cannot just initiate a court case without any actual evidence.

[kyphur]

This may be true, but if a jailbreak did come out and he did contribute to it and such a contract did exist, Apple would have a very difficult time being able to prove that it was in fact him and not someone else who provided such knowledge, as there are other knowledgeable people in the JB community. Even an entity as large as Apple cannot just initiate a court case without any actual evidence.

That's easy for you to say when it's someone else's behind on the line.

[szr]

On an internal corporate system receipt and even being read can be confirmed server-side...

If he is no longer employed, then most likely wouldn't have access to Apple's internal systems. What I was talking about was, hypothetically, Apple proving that an iOS 6 jailbreak came to be because of what Comex may have learned and it didn't come to be because of the knowledge and reliance of others.

[kyphur]

If he is no longer employed, then most likely wouldn't have access to Apple's internal systems.

Why do you assume Apple would wait until AFTER he left the company to extend an offer to continue the internship?

What I was talking about was, hypothetically, Apple proving that an iOS 6 jailbreak came to be because of what Comex may have learned and it didn't come to be because of the knowledge and reliance of others.

Anything is possible. If Apple was concerned that Comex might be a leak they could simply allow him access to "planted info" which would be reflected in a jailbreak. This is a common counter-espionage tactic which provides traceable evidence of the leak's source.

Simply put, never assume that anything can't be tracked back to the source...

[lighter]

Ahhh NOOO.. theres something called a NDA... and I am sure apple being a billion dollar company did make him sign of those.. so I am SURE you won't be seeing comex's name attached to a Jailbreak for at least 2 years at minimum.....

Its not about how dumb comex is.. its about a business that will protect its intellectual property... and we've all seen how far Apple goes to protect it...

so sir your comment below is very very wrong....

Are you guys that slow ?!

Comex Contractual Agreement ceased when Apple terminated their Contract (yes it was done with both parts).

For all we know, Comex is already Jailbreaking iPhones ... You really think he would sign something that would prevent him Jailbreaking an Apple device for 2, 3, 5 or 10 years AFTER leaving Apple ?! Man smarten up a little bit!

"Apple played Comex" well both of them played themselves or you really think he was there clocking his hours and doing assignments and **** ?! Comex now knows A LOT about Apple than any of us do and will use this to His (and ours) Advantage soon .........

[szr]

Anything is possible. If Apple was concerned that Comex might be a leak they could simply allow him access to "planted info" which would be reflected in a jailbreak. This is a common counter-espionage tactic which provides traceable evidence of the leak's source.

The sort of tactics you're refering to are used when you're trying to figure out if a rival company is being leaked info pertaining to your products. I really don't believe it would work very well against a group like the jailbreak devs. If the exposed information is fake, then no jailbreak could possibly come of it. If it's genuine information that could lead to a jailbreak, then the company in question (Apple in this case) would have a very difficult time proving that someone else in the jailbreak community hadn't discovered such an exploit themselves.

[xclusiveiphone]

They milked him of everything he knows and tossed him out the window.
Only way he can get back at Apple is make a jailbreak.

[mmaboi21]

They milked him of everything he knows and tossed him out the window.
Only way he can get back at Apple is make a jailbreak.

Like a cow with no nipples.