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Anti-poaching lawsuit against Google, Apple and others denied class action status
In 2010, several high-profile tech companies -- including Apple, Google, Adobe, Intuit, Lucasfilm, Intel and Pixar -- settled a suit with the US Justice Department regarding anti-poaching agreements. The suit alleged that the aformentioned companies, from 2005 to 2009, agreed not to recruit employees from one another. One year later, five software engineers filed a class action lawsuit against those same companies alleging that the anti-poaching agreements lessened their employment opportunities and ultimately affected their negotiation power, resulting in lower salaries. Originally covered by Reuters, US District Judge Lucy Koh this past Friday ruled that the case can't proceed as a class action. At least not yet. While Koh decided against class action certification for the time being, that may change once the plaintiffs address Koh's concern that the proposed class group as defined by the plaintiffs is too broad. "Plaintiffs' examples, though compelling," Koh writes in her ruling, "may not be sufficient to show that all or nearly all class members were affected by the anti-solicitation agreements without additional documentary support or empirical analysis." Bloomberg later specified that the proposed class group put forth by the plaintiffs encompasses more than 160,000 employees. The chronology of the anti-poaching agreements, along with who partnered up with whom, can be gleaned from the graphic below. Regardless of whether or not the case proceeds as a class action, the plaintiffs appear to have a strong case as Koh has found the evidence introduced thus far to be both persuasive and damning. Koh's ruling reads in part: Indeed, the sustained personal efforts by the corporations' own chief executives, including but not limited to Apple CEO Steve Jobs, Google CEO Eric Schmidt, Pixar President Ed Catmull, Intuit Chairman Bill Campbell and Intel CEO Paul Otellini, to monitor and enforce these agreements indicate that the agreements may have had broad effects on defendants' employees. Koh specifically cited a 2007 email sent from former Pixar president Ed Catmull to the head of Disney Studios wherein Catmull alludes to practices geared towards keeping salaries down. "We have avoided wars up in Norther[n] California because all of the companies up here -- Pixar, Dreamworks and couple of smaller places -- have conscientiously avoided raiding each other," the email reads. One example involving Apple was first brought to light during the initial 2010 investigation. There, it was was revealed that Google in 2007 was recruiting an Apple engineer. Upon getting wind of this, Steve Jobs fired off an email to then Google CEO Eric Schmidt which read, "I would be very pleased if your recruiting department would stop doing this." Schmidt reportedly forwarded the message along and implored employees to "get this stopped." Another example involving Jobs transpired when the Apple co-founder emailed former Palm CEO Ed Colligan and threatened legal action if Palm continued to recruit and hire Apple employees. Colligan indicated that Palm wasn't intimidated by Apple's threats and fired off the following email response to Jobs: Your proposal that we agree that neither company will hire the other's employees, regardless of the individual's desires, is not only wrong, it is likely illegal. [...] Palm doesn't target other companies -- we look for the best people we can find. l'd hope the same could be said about Apple's practices. However, during the last year or so, as Apple geared up to compete with Palm in the phone space, Apple hired at least 2 percent of Palm's workforce. To put it in perspective, had Palm done the same, we'd have hired 300 folks from Apple. Instead, to my knowledge, we've hired just three. It'll certainly be interesting to see what other types of evidence, if any, come to the surface as the case proceeds. In the meantime, Apple expectedly had no comment on the matter while a spokesperson for Google stated that the company has "always and aggressively recruited top talent."
Eric Schmidt: Apple is a 'tremendous technology innovator'
Google Chairman Eric Schmidt talked candidly about Apple as a competitor during Google's Big Tent event in India this week. Schmidt praised Apple for its innovation, but couldn't resist promoting the benefits of the Nexus 10 over the iPad. Schmidt addressed competing companies including Apple and said, "Apple will continue to be a tremendous technology innovator and build beautiful products, regardless of the market share of the products, and that's a great strength -- they will continue to be the innovator." When asked about the iPad and the iPad mini, Schmidt deflected the question by responding with a statement about the Nexus 10. "Frankly, if you take a look at the Samsung 10-inch tablet, called the Nexus 10? More apps, more scalable, more secure," he said. Google and Apple were once friendly rivals competing in different spaces, with Google focused on search and Apple on software and hardware. They were so amicable that Eric Schmidt, then Google CEO, sat on Apple's Board of Directors. This cordial relationship went sour when Google joined the mobile race with the introduction of Android a few months after the release of the iPhone. [Via The Verge]
Google Now isn't awaiting approval
Perhaps you're an iPhone user who has been wistfully looking at the features of Google Now on a number of Android phones and hoping that someday, your phone would be able to perform many of the same functions. According to a comment made by Google CEO Eric Schmidt today at the Google Big Tent Summit in India, Google Now may be making it to your iPhone and iPad sooner than you think. Although Jim Dalrymple and John Paczkowski throw cold water on this notion, noting that the Google Now app hasn't been submitted. When asked by a moderator when Google Now would work with his iPhone, Schmidt responded by saying "You'll need to discuss that with Apple. Apple has a policy of approving or disapproving apps that are submitted into its store, and some of them they approve and some of them they don't." As TechCrunch's Darrell Etherington notes, that's "similar to the kind of messaging that came out of Google and its execs when rumors were swirling about releasing Maps as a standalone app." Engadget received a supposed leaked video (below) last week showing how Google Now would work on iPhone and iPad, and demonstrating how the service is available from within the Google Search app with a simple swipe up on the screen.
Eric Schmidt says Google Now for iOS hinges upon Apple (update 2: Google responds)
Sometimes, it's what you don't say that matters. When asked at Google's Big Tent Summit about when Google Now might show on the iPhone, the company's Eric Schmidt told a questioner that he'll "need to discuss that with Apple," and that there was no certainty Apple would approve what Google sent. Conspicuously non-committal? You bet -- but the statement also suggests that a Google Now release is just a question of whether or not Apple gives the thumbs up, not whether the iOS port exists at all. We'd add that the remarks sound eerily familiar. Schmidt was saying similar things about Apple's responsibility when he downplayed the odds of a stand-alone Google Maps release for iOS, and we all know how that turned out. Skip forward to about 17:50 in the video at the source link for Schmidt's own words. Update: And the plot thickens. CNET is reporting that Apple hasn't received a Google Now iOS app submission as of yet. C'mon guys -- the queue can't be that long. Update 2: Google is also chiming in with confirmation that it hasn't submitted Google Now to the App Store. Whether or not the app is real, it's not in a state that would reach customers.
WSJ: Eric Schmidt calls China 'the most sophisticated and prolific' hacker of foreign firms
The Wall Street Journal snagged a preview of an upcoming book co-authored by Google Executive Chairman Eric Schmidt and the company's Jared Cohen, and it doesn't seem to paint the rosiest picture of China. Dubbed The New Digital Age, the tome reportedly claims China is "the world's most active and enthusiastic filterer of information" in addition to "the most sophisticated and prolific" hacker of foreign firms. Recent stats and events don't exactly help the nation's image. In addition to the threat of hacking attempts originating from China, the work also touches upon the Chinese government's alleged involvement with network infrastructure providers such as Huawei. According to the book, such cooperation puts the US at an economic and political disadvantage since "the United States will not take the same path of digital corporate espionage, as its laws are much stricter (and better enforced) and because illicit competition violates the American sense of fair play." However, Schmidt and Cohen posit that even western firms "will coordinate their efforts with their governments on both diplomatic and technical levels" as the future unfolds. In terms of what's to come, the work also considers that the country's "mix of active citizens armed with technological devices and tight government control is exceptionally volatile," and that it could cause "widespread instability," and even "some kind of revolution in the coming decades." If you're interested in more prognostication from Google's head honcho, the book is slated to hit shelves this April. For now, you can hit the neighboring source link for additional morsels. [Image credit: TechCrunch, Flickr]
Google Giving helps bring 15,000 Raspberry Pi units to UK school children
It's not every day your class gets a visit from a tech bigwig like Eric Schmidt. Google's executive chairman paid a visit to a UK school, alongside Raspberry Pi co-founder Eben Upton. The duo were there to talk code, an appearance that coincided with the announcement that a grant from Google Giving will be bringing 15,000 Raspberry Pi Model Bs to kids in that country. The companies will be working alongside six educational partners to decide precisely whose hands those little computers will end up in. More info on the program can be found in the source link.
Apple, Google and Intel CEOs ordered into questioning over no-poaching deals
If you're the sort to go CEO-watching, you may want to swing by Judge Lucy Koh's courtroom in the near future. Judge Koh has ordered four hours each of depositions from Apple's Tim Cook, Intel's Paul Otellini and former Google chief Eric Schmidt to glean more information about the alleged no-poaching agreements at the heart of a civil lawsuit that also includes Genentech, Intuit and Pixar. The line of questioning might not lead to any smoking gun statements -- the Department of Justice already did some homework, after all. Should Judge Koh find against the companies, however, the high-profile investigation might determine the size and scope of any potential compensation for technology workers who claim they were shortchanged for years.
Google boss suggests North Korean government should embrace the internet
Speaking to reporters in Beijing airport after his trip to Pyongyang, Google's Eric Schmidt has expressed bewilderment at the fact that North Korean citizens still aren't hooked up to the web. He pointed out that the government could retool its 3G mobile network to provide access to the outside world and said "it would be very easy for them to turn that on." Then he flew home.
Bill Richardson's office confirms North Korea humanitarian trip with Google's Eric Schmidt
The office of Bill Richardson confirmed the former New Mexico governor's planned trip to North Korea with Google executive chairman Eric Schmidt today via press release. The trip, planned for next week, is being billed as a humanitarian initiative. The duo's team also includes Google employee Jared Cohen, the director of the software giant's Google Ideas initiative, a think tank tasked with "tackling some of the toughest human challenges." Ideas' mission statement also highlights the program's search for "challenges that affect multiple regions and demographics, so that the technological developments our insights fuel will scale to help as many people as possible."
Google's Eric Schmidt: Android is winning
While Google CEO Larry Page was reserved in his recent comments regarding the tech giant's relationship with Apple, Google's Eric Schmidt is more direct. Speaking with Bloomberg, the Google chairman and former CEO made it clear that the company believes it's winning the war against Cupertino. "This is a huge platform change; this is of the scale of 20 years ago -- Microsoft versus Apple. We're winning that war pretty clearly now," he said, referring to the market-share battle between Android and iOS. According to a recent report by the International Data Corporation, Apple holds roughly 19 percent of the smartphone landscape, while Android controls more than 68 percent.
Google's Eric Schmidt focused on growing Android's share, admits it won't be 'perfectly controlled'
During a wide-ranging Bloomberg interview with Google Chairman Eric Schmidt, the executive focused for a bit on the current status of Android, while also making a few interesting comments about its future. "This is a huge platform change; this is of the scale of 20 years ago -- Microsoft versus Apple," he said. Following that, he stated that Google was "winning that war pretty clearly now," referencing the 72 percent market share figure that was tallied up by Gartner at the end of Q3 2012. And with some 1.3 million Android devices being activated each day, it's hard to argue with the sheer momentum of the thing. Beyond all that -- phrases that have been said before by bigwigs at the company in roundabout ways -- things got particularly interesting when he pivoted to talking about his plans for the operating system's future: "The core strategy is to make a bigger pie. We will end up with a not perfectly controlled and not perfectly managed bigger pie by virtue of open systems." In many ways, this touches directly on the fragmentation issue that's becoming more and more prevalent with each passing Android release. The longer the platform lives, the more people are being left behind on older builds. Without trying to read too closely betwixt the lines, it sure sounds as if Google's top priority is to get Android to as many people as possible, while letting the details -- things like percentage of Android users able to update to its latest version -- fall as they may. It's obviously a very different tactic from that taken in Cupertino, but then again, thinking differently sure hasn't hurt either of the two.
Eric Schmidt says Google Fiber 'isn't just an experiment,' company 'trying to decide where to expand next'
Google Executive Chairman Eric Schmidt is on stage at The New York Times' Dealbook conference today, and he's made a bit of news concerning the company's big broadband effort, Google Fiber. That, Schmidt says, "isn't just an experiment, it's a real business and we're trying to decide where to expand next." Unfortunately, he didn't offer much more in the way of specifics beyond that, but it sounds the chances of those who don't live in one Kansas City or the other getting some gigabit broadband to the home just got a bit better.
Eric Schmidt talks Apple to WSJ, sort of...
Google Executive Chairman Eric Schmidt sat down with the Wall Street Journal's Jessica Lessin last week for an interview. He talked about recent rumors that he might be in line for a Cabinet post (Schmidt says he has "no interest in working for the federal government"), an antitrust lawsuit that might be brewing and Google's relationship with Apple. Many of Schmidt's answers to questions about Apple seemed to be quite evasive. Regarding the Google / Apple relationship, Schmidt pointed out that "Obviously, we would have preferred them to use our maps. They threw YouTube off the home screen [of iPhones and iPads]. I'm not quite sure why they did that." When it comes to the possibility of a patent-related settlement, Schmidt noted that the two companies are constantly having conversations about legal strategies. He did find it "curious that Apple has chosen to sue Google's partners and not Google itself." When confronted with the fact that developers earn more with iOS apps than Android apps, Schmidt seemed to provide a non sequitur as an answer, saying "Google Play and the monetization just started working well in the last year, maybe the last six months. The volume is indisputable and with the volume comes the opportunity and the luxury of time." One other question was about Apple's Siri virtual assistant, to which Schmidt replied "Well, it's competition." Thanks for pointing out the obvious, Eric.
Eric Schmidt: 'it's extremely curious' that Apple hasn't yet sued Google
Google's roving uncle, Eric Schmidt, has sat down with the Wall Street Journal to talk about life and times at Mountain View. When asked about the ongoing saga between Apple and Android manufacturers, Schmidt said "it's extremely curious that Apple has chosen to sue Google's partners and not Google itself." However, rather than an invitation to a back-alley knife-fight, it seems the company chairman is hoping for a peaceful solution to the pair's enmity. He also talks about the real loser in this global patent conflict -- anyone looking to set up their own device company to follow in the footsteps of Android's daddy, Andy Rubin.
Google's Eric Schmidt compliments Apple in Korea
Google's Eric Schmidt was in South Korea for the launch of Nexus 7 tablet launch and made headlines during his trip. According to a report in The Korea Times, the Executive Chairman shot down the possibility that Google Maps is pending approval by Apple and talked about the company's tumultuous, yet friendly relationship with the Cupertino company. Schmidt addressed Google's interactions with Apple when he was talking about the high-profile patent war that has erupted in the mobile industry. "Literally patent wars prevent choice, prevent innovation and I think that is very bad. We are obviously working through that and trying to make sure we stay on the right side of these issues. So ultimately Google stands for innovation as opposed to patent wars," Schmidt said. He added, "With respect to Apple patents, the best thing we can tell there are plenty of prior arts and I don't want to go beyond that." Though their relationship may be strained due to litigation, Schmidt did confirm that Apple "is actually a very good partner. Our two companies are literally talking all the time about everything." [Via Engadget]
Caption Contest: Eric Schmidt does 'Gangnam Style' with PSY
Did you honestly think Eric Schmidt went all the way to Seoul just to launch the Nexus 7 for South Korea, hang out with Samsung's JK Shin and moan about the patent war with Apple? Of course not. The Google chairman also found some time to learn the legendary "invisible horse" dance with PSY, the charismatic oppa in the Korean chart-topper Gangnam Style. While Google Korea was happy to supply a few photos, the only video we could dig up was a surprisingly short one hosted by Daum -- it's embedded right after the break. Brian: "Man, not being the CEO of a multinational corporation sure is hard work." Terrence: "I see you are a fellow disciple of the Carlton Banks school of dance." Don: "Gangnam Style, 2012-2012." Billy: "This song is really about the time I set my socks on fire. I see you still have yours. One moment." Edgar: "Hm... I think we forgot the horse." Richard Lai: "OK Eric, now let's do the elevator scene." Dan: "Doenjang Girls, would you like to buy a Nexus 7? It's wayyy more expensive than a latté." Darren: "Soooo glad this guy put this video on YouTube and not Vimeo. $$$$$$$$" Jon Fingas: "Oppan Google sty-- no, even I can't go that far."
Nexus 7 comes to South Korea, causes price envy across the water
If Google-lovin' Koreans were a little jealous after seeing Eric Schmidt turn up in Japan with a Nexus 7-shaped gift under his arm, they needn't be. It looks like the Executive Chairman brought another one along with him on his Asian travels. It wasn't just the hardware that came along for the ride either, with The Next Web reporting that the firm also made movies available in the country's edition of Google Play. The Korean asking price will be a reported KRW 299,000 (about $267) for the 16GB edition, a smidgen less than its neighbor's (¥19,800 / $255). We suspect, though, not quite enough to warrant a ferry ride. Update: As many of you have noted, the currency conversion actually favors the Japanese price. Updated to reflect that.
Google's Eric Schmidt slams patent wars, still has nice things to say about Apple and Samsung
Eric Schmidt's recent trip to Seoul wasn't all spontaneous Gangnam dancing. Google's former-CEO / current executive chair had a lot to say during the Korean launch of the company's Nexus 7 tablet, bemoaning the patent wars that have ensnarled the industry, telling the crowd, "literally patent wars prevent choice, prevent innovation and I think that is very bad. We are obviously working through that and trying to make sure we stay on the right side of these issues." The war for marketshare ought to be fought with the release of better products, rather legal maneuvering, according to the executive. But in spite of Apple's role in the battle -- and the company's decision to go it alone on products like its troubled Maps app -- Schmidt still had kind words for Cupertino, calling the company "a very good partner," and adding that the, "two companies are literally talking all the time about everything." The exec also told the crowd that he'd be meeting with Samsung, one of the company's "most important partners," during the trip, "as I do every time I come here."
Google chairman: no new iOS map app waiting for launch
Google Executive Chairman Eric Schmidt told a group of Tokyo reporters that the company hasn't submitted a version of its popular Maps software for the iPhone, according to Reuters. Shortly after iOS 6 debuted, discontent with the new Apple-based Maps dominated the news. A circulating rumor offered a ray of hope to unhappy iOS owners by claiming Google had a Maps application that was pending approval from Apple. Schmidt shot down this rumor when he confirmed that Google has "not done anything yet." Schmidt, who was in Tokyo to launch the Nexus 7 tablet, also added the the decision to remove the Google-based Maps application from iOS was Apple's call. "We think it would have been better if they had kept ours. But what do I know?" Schmidt said. "What were we going to do, force them not to change their mind? It's their call." The response to the new iOS Maps application is generating controversy all over the internet. Some Apple faithful are lambasting the move to an Apple-based mapping solution, while others are much more supportive. Rivals like Motorola aren't holding back and have seized the opportunity to poke fun at Apple.
Chicago mayor targets affordable gigabit broadband, free WiFi throughout city parks
If Rahm Emanuel has his way, then Chicago's broadband access may very well give Kansas City a run for its money. The mayor of the Windy City has now revealed a rather ambitious initiative that would (ideally) overhaul the city's broadband infrastructure and provide affordable, gigabit-class fiber internet to areas that primarily serve industry, higher education and entrepreneurial startups. The idea came to Emanuel through Eric Schmidt, who suggested the upgrade be coordinated alongside the city's overhaul of its aging water / sewer system. Before any of this can happen, however, Chicago must first secure commitments from companies that would be willing to install and pay for the new upgrades. As a potential incentive, it's been suggested by Crain's Chicago Business that the city may offer some of its own unused fiber resources on a favorable lease. In addition to the hopes for ultra-fast broadband, Emanuel's project, dubbed the Chicago Broadband Challenge, also seeks to extend low-cost, high-speed internet to underserved areas of the city and to bring free WiFi access to all public spaces such as parks and plazas. Although mostly a token gesture, mayor Emanuel announced the immediate availability of free WiFi in Chicago's Millennium Park. The city is currently soliciting plans and proposals of how to approach the ambitious project, and you're invited to become a bit more familiar with these grand ambitions with the PR and source links below. [Chicago photo credit: Nimesh M / Flickr]
