【正文】
InformationWeek率先查到纽约联邦法庭这份文件，Mark Papermaster指称IBM的竞业禁止合约不应该用在苹果上，因为双方根本不算竞争者。苹果是在今年10月聘请Papermaster来取代即将离职的iPod主管Tony Fadell，同时也负责未来iPhone版本的开发，但IBM则提出告诉，要求他在一年内都不得到苹果任职。
Papermaster的反控宣称，原来签订的禁止条款范围太广，形同禁止本人在离开IBM一年之内都不得在全球任何科技公司工作。诉状中提到：
「 The "Business Enterprise" restriction is unreasonably broad in that it purports to restrict Mr. Papermaster from going to work for any company that engages in competition with his former business unit to any extent, even if Mr. Papermaster will not be working for the part of the company that does so. Likewise, the "significant competitor or major competitor" prong purports to restrict Mr. Papermaster from going to work for one of these companies even if the work that Mr. Papermaster will be doing is completely unrelated to the work he was doing at IBM. These provisions are not necessary to protect any legitimate interests of IBM.
The Noncompetition Agreement is also unreasonably broad in that it purports to impose an unreasonably lengthy time limitation. In the world of technology, any trade secrets that Mr. Papermaster possesses would lose their value prior to the expiration of a year. The purported geographic scope of the "Restricted Area" is similarly unreasonable. Mr. Papermaster has resided and worked in Austin, Texas for the past 17 years, yet the language of the Noncompetition Agreement purports to restrict him from working anywhere in the world based on the global scope of IBM's business. Again, these restrictions are not necessary to protect any legitimate interests of IBM.」
目前的官司是IBM略居上风，因为上周法院核准假扣押，禁止Papermaster向苹果公司报到。双方将在本周二开庭协调庭期。
