Apple hires away BlackBerry's top software VP, litigation delays the inevitable by a few months

By Bla1ze on 25 Mar 2014 07:00 pm EDT
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It's no secret that BlackBerry has had a few high-profile departures from the organization over the past several months, but rumors that SVP of Software Sebastian Marineau-Mes was no longer working for the company have now turned out to somewhat accurate. The situation is a little bit convoluted and involves Apple, but a recently-posted Ontario Superior Court of Justice document offers a further look into the matter.

According to the documents, following discussions that began in September 2013, Apple offered Marineau-Mes the position of Vice President Core OS in December 2013. Marineau-Mes accepted the position and handed his formal resignation letter to BlackBerry on December 23rd. He indicated that he would likely be joining Apple in California in approximately two month's time, sparking an internal dispute between Marineau-Mes and BlackBerry.

Reason being, while Marineau-Mes was discussing the new position with Apple, he'd also signed a new contract with BlackBerry on September 27, 2013, promoting him to the position of Executive Vice-President, Platform Development. Although the promotion was not publicly disclosed, as part of the agreement Marineau-Mes was accountable to provide six months notice in the case of a resignation.

As there was no immediate, internal resolution on the matter, BlackBerry and Marineau-Mes headed to court to sort things out and in this case, the judge ruled in favor of BlackBerry. We reached out to BlackBerry for statement and they offered the following:

BlackBerry will not stand by while a former employee violates his employment contract. It is unfortunate that we had to take this step, but we will do whatever is necessary to ensure that employees honor the agreements they make with us. When we enter into an agreement with an employee, as we have with Mr. Marineau, we expect him to honor his commitment just as he would expect that we will honor ours. We are pleased that the court has endorsed our position and ruled that the employee contract and its terms are valid.

Marineau-Mes has rather lengthy history at BlackBerry working on BlackBerry 10 and the BlackBerry PlayBook as well as QNX and in 2012, won the Top Innovator in Embedded Design for Software award. He's also previously spoken out about innovations happening within BlackBerry noting that BlackBerry is innovating faster than Apple, Google. How this will all play out for his positions at either BlackBerry or Apple remains to be seen.

Reader comments

Apple hires away BlackBerry's top software VP, litigation delays the inevitable by a few months

223 Comments

He was obviously committed to BlackBerry or else he wouldn't have signed a new contract 2 months earlier.

If he wasn't committed or had doubts about the company he wouldn't have signed it, and not just leave when a "better" more enticing offer comes rolling in.

Posted via CB10

Ok, so is the guy committed or not?
Sure he has to work his contract, however if I was not committed, I would do nothing around the office, knowing if another company was waiting for me.

What's concerning is why too many top people now leaving, or wanting to leave, this is seriously bad news.

This is seriously bad news.

Posted by the Crackberry Pirate

Those people with pride (I'm assuming you mean in their work) generally don't pull these kinds of stunts.

Yup! 100% till the last minute of the last day is the best way to show your ethics

Posted Via CB10 on my Zed 10

Bull.

Funny though that we keep calling this a "contract"

Since when the FUDGE is an EVP role at any tech company or company for that matter a CONTRACT agreement? !!??

BlackBerry Q10  & Full Metal CB10!

It doesn't matter if it's an EVP or a line cook in the cafeteria. If you sign a contract where you give up some benefit in exchange for a consideration, you can't just breach without consequences. Apparently BlackBerry doesn't want to let him go without fulfilling his end of the bargain. Accordingly, BlackBerry must fulfill its as well.

Let's see how sympathetic the judge is.

Are you suggesting that senior execs don't have to sign contracts with the company they work for?

I sincerely hope you don't work as in-house legal for a company...

Go get em Zipperstein!! Funny how the media trashes BlackBerry everyday, but when Apple hires someone from BlackBerry - they are a rock star all of a sudden...

Sue em all!!!!!

How is Typo going?

CB10 from the Z30

Funny how this was never made public!! That yells me BlackBerry never honored their agreement since just before a new CEO was in place.

Legally he can concede issues with the new board and CEO and would have to break his contract.

To.me this is like a wedding except the wife, BlackBerry, didn't want the world to know it's like getting set dinner and bed made by the guy, while not wearing the ring out of the house - so she can screw around (which most likely in this case is what BlackBerry was doing screwing around with the EVP role - you don't hide such a position!) so I side with the dude not BlackBerry in this one not because he didn't give fair notice I recognize that fault from him, but I argue he had more than his gate share of legal reasons and BlackBerry was playing around with his worth. It's like they gave him the title in name only and failed to deliver on THEIR end!

Let's see the other side of the full story here folks.

BlackBerry Q10  & Full Metal CB10!

The reason was very simple. First, the guy signed a new contract in Sept. then almost immediately the company announced it was selling itself or going private, and planning to cut thousands of employees. Who wouldn't start looking elsewhere especially when Apple come shopping for talents in BlackBerry? He obviously wanted to have an exit strategy ready but wouldn't commit before knowing what the future looked like with BlackBerry when the for-sale process concluded. Second, when the dust settled in Nov., both the new board chair and new CEO made it clear that BlackBerry's new direction was retrenching back to enterprise and away from consumer mass market. There wouldn't be much desire left for a guy who, like Thor, wanted to bring innovations in BB10 OS to the masses and be at the leading edge of the Internet of things. That dream, he knew by then, had to be realized elsewhere, and so he finally took the plunge with Apple in Dec, thinking BlackBerry would let Consumer focused resources go to make room for enterprise software talents.

But they'll still want him because of his insider secrets from BB. They better be on the patent watch for iOS 8 over in Waterloo...

Posted via the Android CrackBerry App!

Totally right, mate.

This shows just how much Apple is fearing and invigorated BBRY, and that they've run out of ideas.

BlackBerry must keep him for at least the agreed term, until the new phones hit, then he can go play some Candy Crush on his iDevice and double-tap the home button till it breaks.

Hope that NDA holds....

Zzzzwiped from a Zedevice....

Apple fearing BlackBerry?????!

That's like the US being afraid of an invasion by the island nation of Aruba.

Apple spent more money on floor covering for their new space ship office than it would cost to buy BlackBerry....

Posted via CB10

you can't buy something isn't for sale anymore, and you used your analogy incorrectly, it should read, that would be like the us paying for a top intelligence officer from Russia to switch sides.

Posted via CB10

If BlackBerry had the marketing dollar of Samsung and the marketing clout / prowess of Apple, and with BB10 stabilized now, they 'd have a fearsome competitor.

Samsung apparently paid guys to badmouth HTC on the internet, to keep them down, and they're a much smaller competitor.

The last thing Apple needs with all the Android competition breathing down their neck is an invigorated BlackBerry selling high-end superspec total knock-out phones that really make their offerings look like a toy. Hello Z50!

"No Q10?" -> "Buy from Chen... "

BlackBerry should watch Apple very closely with their latest software updates.

Do not let this get away Mr Chen...

Leave this to Mr Zipperstein ..

BlackBerry...Get it done.

Posted via CB10

So if I understand correctly this guy is supposed to replace Scott Forstall who "resigned" from Apple last year because of disagreements with Cook. Forstall was known as the father of iOS.

BlackBerry Should hire Forstall as a counter move.

Play Starcraft? Join our Channel: C001242DE

Surprised there was no mention of a non-comp. I have difficulty believing that such a senior SW person would be allowed to just jump to a competitor, even with sufficient notice.

Posted via CB10

I've been told judges often side with employees, so as not to prevent them from making a living. But in case of drastic person, like nhl player or Microsoft ceo type level, they'll enforce it. Not sure what level this is.

How does he sign such contract without reading it? Why negotiate with apple without knowing the terms?

I guess with the Silicon valley illegal anti - poaching stopped, we'll see more jumping ship among the mobile players.

Posted via CB10

Yeah but wait. You're not talking average Joe here. He not just some low level programmer, that guy is senior VP and that means he's probably direct report to Chen.

He knows everything about everything at BB. From the strategy, to the products to BBM. Heck the guy is the head of the OS and that means everything that connects to it (phones, chips, camera, third party software, langage packs for distribution, etc)

This is a maaaaaaaajoooooor non-compete situation and an easy win in my opinion. Imagine the same guy from Apple coming to BB. Apple would cry afoul like a little teenager.

I'm Zeeing a bright future for Blackberry

Apple obviously thinks that BlackBerry is a threat, this guy was just a sucker who fell in to their grips.

But I really wonder why he would do this?

Posted Via CB10 on my Zed 10

Money, opportunity, stability. Just a thought. It is sad to see major players leave if they truly had been adding to the greatness and potential rise from ashes that we all hope for.

Tapped and flicked from my BlackBerry Z30!

Anyone who has given their best to BBRY in hopes of turning around the business has earned the right to apply their skills and expertise inside an organization that can use it. Even Apple. And I'm a shareholder.

The whole organization needs a fresh start from the leaders, strategies and fanbois asking for obscure handset variants each and every day.

Posted via CB10

Fair enough, but with 6 months notice, as agreed upon. If BlackBerry terminated a guy like that, he probably would get 6 months or more severance.

Well that confirms that Apple is afraid of BB and that they are lacking in talent if they have to go and hire away from BLACKBERRY. Shame shame!!

Not far stretched at all. All iPhone had was iTunes, cool games, podcasts, & a very high storage capacity. These days, BlackBerry has all that plus more...bigger screens, better sounding speakers, and more free apps/games, plus best of both PlayStores with 10.2 able to install APK. so heck yea apple is gonna try and even the score...if they don't add another form factor to their iPhone, they'll be dead in 2 years

Posted via CB10

Dude wake up. With all due respect, what you´re saying makes little sense. Nothing you mentioned about the new BB devices mattered in the least bit in the grand scheme of things to Apple and its sales. Few are the people that would walk into a store and make the comparison you made and walk out with a BB device over an iPhone or competing high end Android phone. That doesn´t mean that BB lacks very talented people that other companies have their eye on.

So if everything is just swell on the good ship Apple, then why hire Seb to run one of the most essential divisions. It's simple, Apple has thrown in the towel on it's traditional macro kernel approach. It's pretty obvious it reached the end of its life cycle and that innovation has died. Just look at how the competition is integrating the cloud with mobile computing; Apple is simply being blown out of the water. I give Apple some credit for recognizing that distributed computing is the future.

BlackBerry, patent the crap out of everything you can.

Posted via CB10

In many successful companies, high profile hires are also done to prevent misfortune, not always to rescue a sinking ship. Apple right now is doing just fine, but they have been on quite the hiring spree (not only this BB guy) working on their next movie. No one has sufficient data to conclude that their days are done. Right now they are doing fine, extremely profitable. Would their moves now allow them to continue being successful and profitable, that is left to be seen, as an answer "yes" or "no" is pure baseless speculation. I would also mention that Apple´s death has been predicted since the release of the iPhone 4s. I wish everyone would give up and let it occur naturally.

Oh please, Apple has to hire people to plot it's next move? That's a bit rich. I give you a hint, it involves doing nothing substantial for an extended period of time. Apple's problem is software and its outdated macrokernel design. Useful in the short term but impractical over the long haul. You simply can't adhere to this antiquated approach and expect to stay at the top of mobile computing in the next 5 years.

Posted via CB10

Why do you keep saying that Apple has a problem with it´s macrokernel? What are you basing that on? Or better said, compared to who exactly do they have a problem? Android´s monolithic linux kernel is a better bet than Apple´s hybrid XNU kernel? I guess there is some subjectivity to that. But neither have a problem with their kernels. They are most certainly very robust, especially the XNU kernel. If Apple chooses to let go a bit, their OS can be extremely versatile, but their current model is a bit tied down. But Android is the only serious competitor right now and they are on their own scene, totally different and incomparable situations. Apple has to remain profitable, and that is not always related to marketshare. Right now there isn´t any other company more profitable so I don´t see their dire straits. Apple has changed substantially recently so I am not sure they are adhering to anything much. They still have hundreds of billions of dollars to fund any necessary change. They are still growing. I dont know what exactly we are fighting about. I think Apple is doing fine (based on their last earnings call). I think they will be ok for a while. I am sure they and I hope they are working on the next thing. Many companies eventually die, but I think Apple is very far from that. My opinion, yours may differ, but I respect it.

He's basing it on the fact Apples OS as an OS (and not just as a user interface) is essentially useless.

You can't multi-task with iOS in any meaningful way.

Which means that as phones develop into information tools for all of our lives, iOS will be unable to partake while hundreds of sensor inputs hit the OS.

The fact Apple is willing to hire away an also ran at QNX is evidence enough. Marineau used to support the OS kernel. He didn't invent it. But apparently that's more skill than Apple already has.

You need to be careful about you say. What and how Apple chooses to implement in their mobile OS is very different to what their OS Kernel (OSX/UNIX) is capable of doing. There are jailbreaks for the iPad that make your favoured multitasking look like a joke on other platforms. For you to say that iOS is completely useless makes me lose a little respect for you opinion. It runs on what can be considered one of the most solid and versatile kernels in the entire industry right now. Funny you should mention sensor related implementation. Apple has made lots of recent acquisitions which would indicate they are thinking about that. So I hope the person I was chatting with was not basing his/her argument on a perceived notion that iOS is unable to "multitask" because Apple, doesn´t implement it.

I read this post and had to reply. Apple has stayed on top with competition like no other industry has against it and are doing just fine.

I agree, Apple is doing just fine right now and any who thinks not has a strange way of viewing things. Apple of course needs to ensure their actions pave the way for them to continue doing fine, and that is left te be seen. As I mentioned before anyone who tries to conclusively predict their demise or survival is working with wishful speculation.

Crackberry has some good discussion, and then they have some awful discussion. This is easily the dumbest comment I've ever read on Crackberry, and that's saying a lot. Dead in 2 years... Wow. You are either 12 or the most ignorant man in the world.

No.

Apple will continue to do extremely well with an extremely limited set of form factors.

BBRY? Well.... let's see how many handset variant concepts have been posted to CB the last month... each one a guaranteed sale to HUNDREDS of CB Fanbois. Chuckle. You sound like ol' Thor when he stated that one reason for discontinuing the PlayBook was that tablets wouldn't be a product segment in 5 years. Haha. That was pretty good too.

Want to change your answer yet?

Posted via CB10

Seriously? This is the tech industry, it's about finding the best people that are going to elevate ur brand. Each of these companies get people from various companies. If anything, adding him to the Apple team, may help them become stronger in the enterprise market...apple tends to do certain things strategically....so it's possible that BlackBerry should be a little nervous, especially if a non-compete agreement was not signed. So, I'm interested in seeing the results of his addition to Apple in 2015.

Posted via the Android CrackBerry App!

I wouldn't be surprised if this is only the tip of the iceberg. Who knows what other illegal activities crapple and scroogle are capable of.

I don't think that is far fetched. Why else would they be after him? Apple has gone stale...BB has the newest OS out there. I think Apple wants a piece of that.
Good to see Chen isn't taking crap from anyone!

Maddie stated it correctly.

It is not that Apple is 'scared' of BlackBerry; more like cautious.

Remember, there was once a time when BlackBerry dominated ALL competitors.
Some people way up in these companies are most likely wanting to keep that from happening again.

Besides, someone already stated that BlackBerry is arguably the fastest moving OS at the moment. We can see this taking shape, plus, with a vampire-slayer as the new CEO.
Wouldn't you pay attention too?

I hate to say this but everyone, I mean everyone is replaceable. I have seen this many times in my organization. A person leaves the org and everyone is in panic thinking that the department will collapse.

Posted via CB10

I think the issue here is to make a point. Not to make him love BlackBerry again or believe he'll be working for BlackBerry for 4 more months to complete a project that requires him.

Exactly. They can replace him easily but I think they're doing this to make a point so people see you just can't ignore a signed contract, specially working on a very known company

Posted via CB10 with my crazy beautiful Q10

Apple is loosing ground to Android so they buy good employee... but credibility for that guy just went down...

Posted via CB10

Employee poaching wasn´t invented by Apple. There is no need to read too much into this. Apple is doing fine and better than just about everyone else. They also cannot compete with the entire Android (with its hundreds of OEMs) platform so "loosing ground" to it is pretty irrelevant as it is inevitable and obvious.

How and why?
He's also previously spoken out about innovations happening within BlackBerry noting that BlackBerry is innovating faster than Apple, Google.

Awkward

Posted via CB10

Well, well, well. Apple has to hire blackberry brass just to innovate its platform. I guess the new pastel colors aren't doing it. Cue the iSheep.

More rip-off acts against BB.

That poor underdog phone manufacturer is enriching the "phonosphere" so much, yet they're copping it from all sides, Wall Street, carriers, competitors, a rip-off accessories start-up, sales staff in phone shops and now its own employees.

Zzzzwiped from a Zedevice....

Rest assured the media will start praising the innovations in BB10 just so they can trash BlackBerry and say BlackBerry is done now that the brain behind the innovative new OS is going over to Apple, and how the future of iOS has just become that much brighter.

+100

Powered by my BlackBerry (Z10). Join my #BBM Channels C001227CF, C00476C37, C003829C9, C002454C9,C002190AC, C00120CE3

So now they get to pay him for a few more months. I can't imagine a lame duck vp is worth anything to the company. They should have just let him go.

Posted via BlackBerry Z10

I understand why they went to court for this, u just honor contractual obligations, but he will be getting a salary just doing nothing for the next few months. If apple considers him valuable enough then, I'm sure this is just a small bump in the road for them. My thinking is Apple may be interested in some of the things he did with the software for QNX. Blackberry is struggling to find a way to truly monetize QNX.

Posted via the Android CrackBerry App!

It's to set a precedent for the future. Per the judgement he was basically shown the door January 6 and told you can rot at home for 6 months before you start your new job.

Six months to sit down and learn iOS from the ground up and get paid to do it? Six months to sit down with all the hardware you can find at the Apple Store and learn how it works from the inside out.

Don't know about that. He is still an employee of BlackBerry until that date so there could be other legal issues if he starts work with apple before then, even on the sly.

This is so very true, legal fees and they won? What? The guy now has to hang around for a few more months, lame duck, highly paid, doing nothing, how is that a win?

Let him go now, reduce the damage.

BB has to pay his huge salary and cannot use him for anything, how is that good?

Six months is a long time in the tech world. For one, it may give BlackBerry Legal time to document and reduce to tangible form things he's started, but not finished and potentially apply for patents.

And, I think the press release spoke some truth. BlackBerry has been bleeding talent since even before Chen took the helm. I'm not sure if any of the founders from TAT remain, nor the GIST guy, nor the Tungle team. Someone even told me that the lead from Torch Mobile -- who brought us HTML5 dominance -- left. My guess is that some of these people left early and others violated non-competes. BlackBerry needs to enforce or stop paying premium for talent like they did with Mike L. and Thor. Chen's team is much less impressive, but even they could be poached...

Posted via CB10

It will be interesting to see what the T&C's of his new contract spell out. How much notice do Apple need to give him to now let him go.......

Posted via CB10

Like I said, Apple is the new evil empire. Go to hell Apple. I can't stand Crapple, they make me want to puke. That being said however, if Apple is looking for BlackBerry talent it just shows BlackBerry Rocks.

Apple, The New Evil Empire

At that level "I quit" doesn't work great to see BlackBerry
Making sure that contract are followed through.

Posted with the sweet Zeeee10

Why is crackberry referencing imore as the source of the news? This was posted in the crackberry forums this morning...

Posted via CB10

CrackBerry is a "fan" blog, not a news outlet, that also happens to sells merchandise and provides a forum for cellphone related discussions. Don't look for breaking news here.

Z10 STL100-3 |10.2.1.2141 | Bell | CB10

If this employee tip toes around his contract with BlackBerry, then apple might want to be forewarned about his ethics in regards to honoring an agreement or contract. Not his ethics personally, just his method of dealing with this situation.

Posted via CB10

Hire him back and bring iPhone app side-loading to BBRY.

One device to ahem... install them all.

Elop went to Nokia, made it a Microsoft shop and now, surprise, look what happened: Nokia phone division sold to Microsoft.

Zzzzwiped from a Zedevice....

The lesson is that when you clean house, you don't necessarily get to decide who you keep. The guy might have just gotten fed up with seeing fellow execs get fired off a sinking ship and decided that he would look for better opportunities. Talent tends to do that.

i bet you like most people.. he didn't read the contract.. he was probably like.. more money? where do i sign

I'm glad this is happening. I never liked Seb, and in my interactions with him at BlackBerry I always got the impression he was there by contract versus choice. His smug attitude and general aloofness always rubbed me the wrong way.

Seb's attitude is endemic of the integration hurdles faced when getting the QNX teams to cooperate with the BlackBerry teams when building BB10.

Posted via CB10

Since the QNX acquisition in early 2010 he went from being the Director, QNX Engineering to EVP BlackBerry Platform Development in roughly three and a half years.

If you remember, Thorsten primarily had a hardware/devices background and Kristian Tear's prior experience at Sony was in Sales before he took on the COO role at BlackBerry. As a result BlackBerry's senior executive team severely needed deep software development experience at the table and fielded the necessary incentives and promotions to keep him around.

I don't think he can hurt BlackBerry anymore than having any experienced OS leader at Apple. His main advantage to BlackBerry was his deep level of OS computing knowledge which he used to design the architecture of BB10. He could theoretically implement low level QNX like features into Apple's kernel, but rearchietecting your kernel is a fool's errand so I don't see Apple trying this.

I imagine Apple really wants him for his leadership capabilities managing large software teams working on very low level code. Software engineering at the kernel level is a different beast from the happy-go-lucky app development that is so popular and talent in that domain is very limited.

So I wouldn't worry about QNX trade secrets leaking out to Apple as much as I would worry about BlackBerry loosing a really smart OS guy with an attitude problem.

In the end, he may have helped with product vision, but it's the lower level engineers who develop the solution and make the product what it is. Let apple have him, does not mean much. Plus I guarantee he signed an NDA before taking the position with BlackBerry. Apple can try to pry the info out of him, but it would mean a lawsuit on him and possibly apple.

Posted via CB10

Comment by VanAwful is spot on. The brains of software development comes from the brilliant working level staff. BlackBerry will stilll have these guys around (hopefully). There's always some bright star ready to make his mark in the field. Chen will find the talent.

Q10

This is strange he would be allowed to work at any competitor within a time-frame. At a "design company" we are not allowed to work, by contract, at a competitor for at least 2 years. IP and all that good stuff.

Posted via CB10

I guess in the tech world there's no special clause for high position employees forbid from working in the same industry within 5 years of resignation.

Are they going to work at McDonald's for 5 years in between while their skills erode? This would definitely not be a valid contract

Why would he want to leave BlackBerry for Apple anyway. That's seems to be a bad move.

Posted via CB10

You missed the key point of WHY he left. He didn't like a conversation he had with Chen who wanted to reduce his role.

Posted via CB10

He was in discussions with apple before john Chen even joined BlackBerry. This was the only half reasonable explanation his lawyers could provide. The judge didn't buy it.

+100 you took the words straight out of my mouth.

Powered by my BlackBerry (Z10). Join my #BBM Channels C001227CF, C00476C37, C003829C9, C002454C9,C002190AC, C00120CE3

Apple's ios is just old and outdated that it is no surprise they went looking for talent at BlackBerry . ios is garbage but apple does have the best marketing / propaganda in the industry to convince weak minded people to buy outdated apple products.

Posted via CB10

Moral of the story lately, don't screw with BlackBerry.

I've had a few elite employees leave me for various reasons and there is always a bit if panic when it happens. In reality, you can always replace an employee with someone better. In this case, he obviously didn't care to be with BlackBerry anymore. Even if he decided to stay, the company wouldn't have a person that is fully committed. Of course he would do his job etc....but if his mind is not fully on board, that translates to the tasks at hand. See ya later......next.

Powered by BlackBerry

What a traitor. All that hard work just to hop and skip over to Apple that probably has a dozen people with the same position they offered him.

BlackBerry is innovating way faster then Google or Apple. They just need to get more devices onto the market and advertise!!!!

BlackBerry just she'll out the money and get someone even better.

Posted by Antoniius via my sexy white Q10.

So when Chen is firing executives left and right he's just cleaning house but when an exec leaves for a better job then he is a trator?

This guy isn't creditable and Apple doesn't care if they waste money in hiring this person. They just hiring this sucker for intelligence. They want to know what BlackBerry is doing so they can improve on their product to stay way ahead.

Posted via CB10

Lol.

Notice there is no mention of BlackBerry. Not sure if that was intentional or not?

Powered by BlackBerry

Good for BlackBerry, employees must honour their contracts because if it was the other way around, he would have sued BlackBerry for wrongful termination.

Posted via CB10

iOS is a dying breed. It’s a none innovative OS that suffers in many ways. Only to be pumped up with mass propaganda style marketing all backed by big $$$ figures.
This only perpetuates the false illusion equating the iPhone as being new and innovative.
Apple is like a like a Vulture, trying hard to find the right people to continue to pump its useless mobile OS.
Clearly they must be offering him huge $$$$ to go and work for Apple.

If I were Chen I would lock him out of any further development, pay him whatever for 4-5 months and in those months hire fresh minds to replace him. Then just let him go and drop the case. Forget him. BlackBerry shouldn't treat it like they need him, they should treat it like they need to keep as much of what he knows away from Apple. They will be buying a guy not just for what he can do but what he knows about BlackBerry. I wonder how much they offered him...

I for one couldn't care less if tech companies steal ideas or people from one another. It almost always results in better products for the consumer. Companies need to keep one-upping one another. We all win!

Posted via CB10

Hey, he about the $$$ obviously. Used his promotion to leverage the figure he wanted from Apple when he first was in talks with them, you can tell from the timeline. I don't care how much the L.A. Lakers offer to pay me after refusing to pick me up for my required salary once my current team (San Antonio Spurs) signs two premium players in the draft, signs me to a new deal with a handsome salary&benefits package and gives me a "co-captain" spot on the team. There is just no way...why go to uncertain territory when you have what you want in your own established domain?

Posted via CB10

This shows blackberry are in the rite direction in terms of devices and OS and iphone is starting hating it now that blackberry are doing better..

F*** off iphones..

Posted via CB10

Traitor. BlackBerry also screwed-up. They should have had a non compete clause for Apple and Google and windows.

Posted via CB10

"He's also previously spoken out about innovations happening within BlackBerry noting that BlackBerry is innovating faster than Apple, Google."

This made my day.

If this guy was dumb enough to try and sign a new agreement with apple after just signing an agreement with blackberry to renew he obviously isnt that bright. He might be a software genius but a business guru he isnt. Since blackberry is suppose to be a business and enterprise focused entity now doesnt it make sense that the people that work there have a clue about business and contracts? Not that he isnt some great visionary but really people this guy is not that bright. Plus he knows all the intellectual property and future builds to blackberry they should have got him to sign a non compete when he started at blackberry. Usually that prevents him from going to a competitor within a year minimum.

I think if he was the guy running the ship when they got trashed at the end of the Torsten Heins stint he should have been toasted anyway. Im sure John Chen probably said its not a problem we need a new head anyway.

It looks like these guys are running out I think in fact they are running because they might have to actually roll up their sleeves and work instead of the cushy paper pusher job. Believe me he will be replaced easily and probably by someone with more vision then him anyway

Very interesting reading of the court document.

We don't know all the facts, maybe he didn't see a future for himself at BB and was edging his bet by having discussions with Apple or used it as a bargaining tool.

[10] ...Marineau-Mes also began discussions with Apple Inc. (“Apple”) in September 2013.

With BB
[5] ...Marineau-Mes indicated that he would have an employment lawyer review the Contract. Marineau-Mes signed the Contract on October 16, 2013.
[6] ...The Effective Date of this Agreement and your first day of work will be September 27, 2013, provided that the requirements of Section 5 have been met.
[8] ...In November 2013, John Chen (“Chen”) became BlackBerry’s new Chief Executive Officer.
[9] ...Marineau-Mes continued to play a central role at BlackBerry during these times, and had discussions with Chen about his future that were not all that satisfactory to Marineau-Mes. It was discussed, amongst other things, that Marineau-Mes’ role might ultimately be narrower in scope than originally contemplated.

Personality clash and / or over estimation of one's own capabilities?

[10] ...In December 2013, Apple offered Marineau-Mes the position of Vice-President Core OS.
[11] ...On December 23, 2013, Marineau-Mes gave BlackBerry notice of his resignation in writing.

Either he did not have his contract reviewed by an employment lawyer and / or he was poorly advised.

In the end it's better for BB to part with an employee who you have lost trust with.

So now he has to work at a company that he longer wants to work at and a company that no longer wants him. Bad blood to say the least

Bit this will sour his appeal to anyone outside of apple who's gonna hire someone dumb enough to sign with a company fully knowing they were under contract to another company for at least 6 months

Or watch apple has or even want him anymore
Thank god for iron clad contracts

Posted via CB10

There is usually always someone waiting in the wings. Quite often someone better comes along. Make him honor his commitment, then move on.

Posted via CB10

Since Mr. Marineau-Mes has stated that BlackBerry is innovating faster than Apple and Google, then his hiring by Apple would be flat out confirmation of that statement.

Nobody likes a trader! It happens at all levels but good on BlackBerry to stand their ground!

Posted using the best phone ever, the Z30!

Chen: don't let the door hit him on the way out. Let him go. You are two years a head of your nearest competitor. Team has placed you here, not one individual.

Posted via CB10

I think Apple just won a nice battle for no cost, no matter what this guy wont be in BB anymore which weakens BB. Meanwhile no matter where this guy end up, he will be a real threat to BB for knowing so much high level secrets...

Clearly he's a very talented guy. I'd love to have two companies like BlackBerry and Apple struggling to get/keep me on board! Let's hope that Chen is able to find even better talent to add to the team!

Posted while peeking and flowing on my incredible BBQ10! 

Personally I would keep him on payroll in same capacity producing .If not producing reduce level to sweeping floors in 6 months the game has changed and old technology. Blackberry doesn't want you and your useless to Apple cause Blackberry just doubled their innovation again. Apple big loser cause they told all about their incapacity to innovate .Blackberry learns new lesson and continues hot products and pops up just in time with newest craze in the tech industry stomping out comp. Happy ending only one person in this story with a nightmare !

So he now has to stay at BB to hnour the terms of his contract. Okay, so will he be able to actively participate or be a part of possibly confidential matters while there till he leaves? Should have had a renumeration clause (ie pay penalty for early release). How productive will his ideas be after this scenario and will any ideas be taken seriously?

Some people don't have the intestinal fortitude to see some thing thru and finish the job...

He is obviously a quitter....

Posted via CB10

So he was offered a position at Apple during all the turmoil, Blackberry offered him the promotion to keep him when he initially went in to resign.

Then Chen announces where the limited funds are going to sometime in late December. And it's not the mobile OS....so he chooses to resign and flee to Apple.

Just reading between the lines.

Posted via CB10

Probably shopping for a counter offer.. but good that BlackBerry was favoured in the ruling... hopefully he will put in the work that he is supposed to and not rue about his failure to join APPLE

Posted via CB10

Isn't it obvious that many of the execs on the technology side are seeing the direction that Chen is taking the company and aren't interested in that direction? These top execs probably see that the company will be moving away from the kind of technology they want to work with and are leaving. Can you blame them?

Shame Apple isn't sticking to Job's do not call list like they used to. Always amazes me what some people call a free market.

My new smashed Mini C0031C543 and a little bit of cross-country riding C00339A43.

Good for BlackBerry. Now that they hopefully ruined this turd's deal with Apple, they should fire his ass for treason. Anyway, if he had anything to do with OS .2030, good riddance.

No, BB won't risk having him give out their menu's recipes to Apple's cafeteria. I'm afraid he'll be scrubbing toilets for a while.

Smells like Apple is interested in QNX knowledge, they are diving into vehicle systems now. Apple might also be looking. At enterprise expertise. Very interesting.

Posted via CB10

There's a reason why Blackberry want to take this guy down. From what I learned in business school this guy carries not just his skills to Apple, but it's the intellectual properties that he possesses from inside Blackberry is what Blackberry is concern the most about. This guy possess a lot of knowledge and information that can be carried over to Apple.

BlackBerry needs to keep an eye on Apple to ensure they don't try and copy BlackBerry 10.
The last thing we need is a iHub, iPeek and iFlow.

That is how crap iOS is. Its pretty much an end of line OS.

Posted via CB10

I would like to start by stating I am a BlackBerry loyalist and have never owned another brand of smartphone and hope I never have to. As for Apple and Google, I doubt they fear BlackBerry, I imagine they are respectfully aware but I don't see how anyone sees either of these companies going out of business in the near term.

As for lack of innovation I would suggest the iPod and iPad would state otherwise. Who knows, if there was no iPad maybe there would be no PlayBook.

As an outsider looking in my guess is BlackBerry's main concern in the Intellectual Capital Seb has to share. I don't think this agreement prevents him from going to Apple but does delay the process.

I can guess a a few possible scenarios:
1) Apple directly went after Seb
2) Apple had a position to fill and used an Executive head hunter and Seb was approached
3) Seb seen the writing on the wall and was a) actively seeking Apple (et al.) or b) used executive head hunter services himself to seek other opportunities

Personally, I can not blame him in any case, especially if he seen the writing on the wall.

"The time to repair the roof is when the sun is shining." -JFK

It is easy to kick a man when he is down but if we all love BB10 and he played a key role in its development I feel he is owed some gratitude.

I find it hard to consider this a disloyal act. How many of us would change jobs for something as simple as an increase in pay? And their could be even more at play (increased responsibility, more opportunity, family considerations, etc.)

Contracts and agreements are in place for a reason and I am glad BB held Seb to his side of the deal but I do not blame him if he made a decision that was better for Seb.

He will leave. He clearly doesn't want to be there with an Apple offer on the table. Blackberry did the right thing by going to court with this, but it will only push him out faster.

Mr. Chen is a savvy businessman. I wouldn't be a bit surprised to find out that this was some huge fishing expedition to see what the competition thinks, see how the industry view BlackBerry, a measuring tool to see where they stand in the industry or even as a compass to help guide their next move. It could be a bunch of BS or it could actually be what it is. Free publicity for BlackBerry either way.

Z10 (STL 100-3) Superphone with vitamin 10.2.1.1925

Traitor! Loyalty is thicker than blood.. as some would say!

Loving my personal Z10 and corporate issued Z30!

Mr Chen should take him round the back for what the Germans called night and fog! Keep their secrets safe that way.

Tapping and flicking on my Zed 10

Breaking the commitment or contract is not good. Thanks to the judge going forward, ruling in BlackBerry's favour. Better than not. :)

Posted via CrackBerry 10 (CB10) application using my BlackBerry Q10.

Hope they have him doing very meanal jobs (till his departure).

Bringing sexy back on my Q10SQN100-3/10.2.1.2141

Let's hope Sebastian manages to encourage Apple to produce a phone with a proper keyboard, always-on VPN and a trackpad. Then we may just get a phone we can all use!

I wanted to love my Q10, but the lack of native software is a PITA and with BIS and the trackpad removed, the keyboard remained its only selling point. I can edit text just as clunkily with my iPhone thanks.

Honestly, I fear that the next iOS will be a good contender for BlackBerry. OS10 is the most efficient and fun OS I have ever had and I think that the future of mobile is much more in the future of OS's than it is in the handset.

Quad-core, Ram, big screen, small screen, what ever. The fact is, you get the phone you like and if it runs great on the OS you like, why would you need 16-cores and 32 Gigs of ram?

So this is grim news for BlackBerry and as some of you already said, Chen, you better watch out for the next iOS.

Posted via CB10

I don't see iOS as a contender. iOS updates are only ever graphical, cosmetic, and never truly brings forth new and intuitive features. BlackBerry on the other hand has managed to do so. Take BB10 for example, the updates have all been far more than just graphical improvements, but more so even changes that see better security and integration for the user. BlackBerry 10 OS is very solid and I see future in that. They just need to reclaw back which the other devices have managed to get, which in part is due to advertisement. Apple I believe spends far more on marketing than BlackBerry. Every-time I pick up the papers there is an image of an Apple device. This is a spiral that then sees the apps makers want to get on board with as that the one that people are buying as its the one that is most advertised. If you strip a Apple down, you will notice that the OS on its own can NOT do much... It's VERY reliant on apps, whereas a BlackBerry 10 OS is more self sufficient.

Never put that much credit on one guy. He probably spent more time on the golf course while the regular programmers were hard at work. One guy doesn't make a company.

Posted via CB10

Funny that for what they say is a crappy phone Apple wants the people who had input into it.

Posted via CB10

The point is the guy is partly responsible for the QNX kernel. Right now, that particular piece of software is BlackBerrys biggest asset.

So moving to Apple is no small thing. The fact he's gone is just another sign BlackBerry couldn't manage their way out of a paper bag.

But it will probably cost Apple a fortune down the road in patent lawsuits.

BlackBerry needs to use this as a positive not a negative.

Apple are so incapable of matching the BB10 OS they've had to poach BlackBerry employees!

Also key is the fact that Mr Marinaeu didn't actually invent the kernel. He just worked on it. Apple are so desperate they've poached anyone who happened to be associated with kernel development.

I'm just going to put this out there..
Last night watching TV here in the US..watching news, they reported some negative news on Blackberry (it had to be atleast 3 months old).. American media..esp.. news is garbage

Good thing I don't hardly watch TV

Posted from my Q10 (TMobile) Running OS 10.2.1.2156 as of 3.14.2014!

The QNX kernel was essentially built in 2000. He probably was just a low level engineer at that point if he was even employed there at all.

I like to look more at Chen, and his 100 % shareholder view. Who knows what Marineau knows, I mean, in the way Chen likes to change the company or is on the way to make it a good buy for someone else. Blackberry is very sleek now, stuff fired, new structures, properties sold... Maybe Marineau wanted to work for a company committed to stay and last, with a vision, good company culture even as a niche player. I feel like Marineau might not be with the ChenBlackberry. And maybe I am totally wrong.

The bad thing about this is that after he leaves BB, he will improve apple phones based on all the knowledge of the BB10.

Thats worrying

Posted via CB10

Normally for higher- ups or other key / important personnel, there would be a non-compete clause in the employment agreement, which would prevent the employee from taking a position at the competition for a minimum period of time. I wonder what happened on that front?

I bet it was all about money and nothing else. Why say that BlackBerry is innovating faster than Apple and Google / Android and then suddenly leave? It must be a money issue.

Just goes to show you how people aren't willing to defend their supposed beliefs if money is entered into the equation. People can and will be bought.

Sad!

Posted via CB10 and my z10

People apple days are counted they don't have anything else on mind their Genus died steve Joe is not there for more innovations so they know they are almost done BlackBerry 10 is growing up in a amazing way!!

Posted via CB10

Jobs left them with 20 years worth of ideas. I wouldn't count apple out so soon. After all Jobs was an acid head and could see well into the future. but it was Project CARMA that put him where he was.

I am going to start writing Open Letters to the companies. They will not like it. I wrote one to engadget about their unfair reporting practices and to the Journalistic Revue board. They have since started to do fair reporting... People will not like my truthful letters but it makes them think.