渥太华华裔黑梅员工被控商业犯罪 该员工反控公司 提起民事诉讼

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Riven

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OTTAWA — In the ultra competitive global smartphone market, a leaked prototype can spell trouble.

So, when yet-to-be-released BlackBerry phones ended up on a Chinese website a few years ago, it was a big problem for the Canadian smartphone maker.

It was also the start of a still-unfolding legal drama — a tale draped in allegations of theft, corporate espionage and counterclaims of wrongful dismissal — that has offered a fascinating glimpse into the inner workings of the now-struggling technology giant.

According to BlackBerry, some of the missing phones were supposed to be in the hands of one of their Ottawa software developers. The company tried to hold Ottawa manager Weiman Xu criminally responsible for theft.


http://www.ottawacitizen.com/techno...civil+suit+against+company/9541556/story.html
 
BB的东西谁抄袭啊 。。。
 
The story is interesting. You might want to read it in full.

OTTAWA — In the ultra competitive global smartphone market, a leaked prototype can spell trouble.
So, when yet-to-be-released BlackBerry phones ended up on a Chinese website a few years ago, it was a big problem for the Canadian smartphone maker.
It was also the start of a still-unfolding legal drama — a tale draped in allegations of theft, corporate espionage and counterclaims of wrongful dismissal — that has offered a fascinating glimpse into the inner workings of the now-struggling technology giant.
According to BlackBerry, some of the missing phones were supposed to be in the hands of one of their Ottawa software developers. The company tried to hold Ottawa manager Weiman Xu criminally responsible for theft.
But the case backfired, with a judge acquitting Xu. Now the employee has turned around and filed a civil lawsuit against his former employer, alleging wrongful termination.
The civil court filings and record of Xu’s criminal trial centre on six smartphones that showed up in a video on a Chinese website in 2011.
Three of the pre-release devices, which included BlackBerry Torch 9850 and 9860 smartphones, had identification numbers that matched phones assigned to Xu, according to BlackBerry’s statement of defence in the civil lawsuit.
BlackBerry confronted Xu about the missing phones in September 2011 after having a private investigator buy one of them back.
Xu denied stealing the phones, but BlackBerry wasn’t satisfied with his answers.
Xu was asked to resign, although days later BlackBerry changed its mind and he was fired instead.
Following his termination, Xu returned to BlackBerry’s Ottawa office, this time with a different story.
Xu said he had travelled to China with two pre-release smartphones, and sold one for about $1,300, according to the statement of defence. He told managers he had also given away five phones.
According to Xu, he had been trying to help BlackBerry identify crooks. He said he had learned that three individuals in the Philippines, Indonesia and North America were reprogramming smartphone circuit boards that hadn’t passed quality control and were selling them as BlackBerrys on the black market in China.
It was complicated, but basically the discarded circuit boards were being sold by the original manufacturer, packaged in large containers and shipped through Hong Kong, Xu said.
BlackBerry wasn’t the only victim, Xu claimed. It was also happening with iPhones.
BlackBerry wasn’t buying the story. It turned the case over to Ottawa police, who charged Xu with theft.
But in his testimony at his criminal trial, Xu backed away from the confession.
He had not taken the phones, he said. The story about selling them in an attempt to expose counterfeiters was something he made up in a misguided attempt to save his high-paying job, court heard.
The case sputtered at trial because none of Blackberry’s investigation to trace and retrieve the phones could be admitted into evidence. It was all hearsay, because the China-based investigators who retrieved the phones were never called as witnesses at trial.
Not a single stolen handset even made it to Ottawa. To make matters worse, no one from BlackBerry made an audio or video recording of Xu’s initial denial and subsequent confession.
“We are not dealing with a shaky foundation. We are dealing with no foundation at all,” remarked Xu’s lawyer, Israel Gencher, of BlackBerry’s case against Xu during the criminal trial.

Ontario Court Justice Donald Ebbs agreed. He said he was left with a reasonable doubt as to whether the Crown’s case was made out and acquitted Xu.
Ebbs said he was skeptical a “highly intelligent” Xu would be involved in such a scheme before finding him not guilty.
Ebbs felt there was a “ring of truth” to Gencher’s suggestion a distraught Xu confessed only because he hoped it would save his job, even if the story of catching counterfeiters seemed outrageous.
“Common sense, I wouldn’t tell a story like that. I think I’d be running before I heard the laughter,” said Ebbs.
Xu now alleges in his civil statement of claim that the manner he was fired was “abusive, high-handed and breached the duty owed to him by BlackBerry as his employer.” He’s seeking a year’s salary, benefits and bonuses worth $166,000 in damages.
Blackberry maintains that Xu is owed nothing, because he was responsible for the leaks. Regardless of the criminal court’s verdict, the firing was justified given that confidential BlackBerry information was disclosed on the Internet and Xu appeared to be the source, it alleges in a statement of defence.
Testimony in the criminal trial revealed tension was building about protecting BlackBerry’s ability to compete. Executives were also sensitive about the public image of the company.
“The thing is, a lot of these phones are in their infancy,” explained the manager in charge of BlackBerry’s internal investigation, Diane Williams. “They’re in their early stages of production. So they have a lot of flaws sometimes initially because we are working through the kinks. To have that out there and have somebody play with it, for example, and then post a bad review online, it’s damaging to the brand as well and damaging to the company,” she said.
BlackBerry’s co-founder, Mike Lazaridis, appeared especially sensitive to the potential commercial damage, testified another human resources manager who took notes of BlackBerry’s interviews with Xu.
“BlackBerry had taken steps prior to (Xu’s investigation) trying to get this kind of activity to stop,” said Scott McKee. “Mike Lazaridis (reminded) employees of their obligations of confidentiality, to make sure devices were appropriately locked up and that we couldn’t have leaking information happening any longer because it was hurting us from a competitive advantage.”
But for a company so concerned with protecting its technology, the picture that emerged during the trial was that security seemed to take a back seat to speed.
Thousands of pre-release phones were handed out to Xu’s group of 20 programmers alone, testified employee Sarah Whitty.
The system of handing out phones relied mostly on the honour system, testimony suggested. While Whitty would record the PIN and scan the bar code when a pre-release phone was first passed out, there was no guarantee the phone would be returned or that, even if it was, that someone would register the fact.
It was common for developers to share phones, Whitty said.
Xu himself had 39 phones signed out when he was fired. Only a handful of those had actually been traced, the trial heard.
The civil case is still before the court.
 
BB的东西谁抄袭啊 。。。

那是另外的故事。
BB未必对中国企业没有价值。
 
老程上台后清洗了很多高中层领导干部,那些现在还在位的拿这事反击呗
 
Weiman Xu 一度承认, 但是现在否认,他弄了几部手机到中国卖了, 但是公司没有对他当初的承认录现场像或者录音。 虽然如此,但是应该很容易找到人证。 物证已经有, 他登记拥有的手机出现在中国某公司的网站上, 手机的登记号码一致。
我理解的没错吧?
 
有CFC马甲没有? 没有的话俺不关心。


半天儿都没看见有兴趣话题,这句有意思。 一定有cfc 马甲,估计还奏是你们资深
 
给我的感觉做IT的人尤其是接触到核心的人有点危, 要么被中国盯上要么被加拿大盯着,他有39部手机signout.是卖了是什么?
 
给我的感觉做IT的人尤其是接触到核心的人有点危, 要么被中国盯上要么被加拿大盯着,他有39部手机signout.是卖了是什么?

那么大的公司,难道没有GUIDELINES,进去的时候签的协议中没有这方面的内容?
 
给我的感觉做IT的人尤其是接触到核心的人有点危, 要么被中国盯上要么被加拿大盯着,他有39部手机signout.是卖了是什么?
在IT公司, 尤其是做手机终端类的 , 经理登记很多手机很正常,比如走马灯来来往往的合同工, 协同公司的人员, 上下游供应商运营商等, 他是经理, 他可能不太放权, 按理说很多东西都可以让team leader之类的去Sign out, 自己Sign out这么多, 确实招惹是非.
 
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