Originally Posted by jragosta
I guess you've never been involved in litigation involving confidential business information. Samsung executives should have known better than to use this. Even at a much lower level in a Fortune 500 company, it was made clear to me early on that I could not use competitors confidential information.
"Paul Melin alleges Samsung executive Dr. Seungho Ahn not only mentioned his cognizance of the confidential Apple-Nokia license, but used this knowledge to gain an unfair advantage "by asserting that the Apple-Nokia terms should dictate terms of a Samsung-Nokia license.""
I don't have any doubt that Samsung knew when they used this information that it was confidential.
Yes. An ethical executive, especially one in charge of licensing negotiations, would know the import of such a document and upon first glance, first glance, would right away decide to tell his bosses "I don't think we are supposed to have this document, much less use it in negotiations." He would then sound the alarm and build a Chinese firewall around the document, notify their counsel, and if he's truly ethical, notify Apple and Nokia of the breach. Instead, the good doctor, in true Mafia fashion, used the document (even quoting verbatim it seems) to strong arm Nokia in negotiations. This is just thug mentality through and through. (Heh, heh, heh, just wait and watch their faces when I quote these contract terms to them. Heh, heh.)
Nope, you're in charge of licensing. You don't get away with 'I didn't know this wasn't supposed to be revealed by our counsel. It's their fault.'
Contrast the way this unauthorized breach was handled with the way J. K. Rowling's counsel handled the unauthorized leak of the real author behind the pseudonym she used in her latest novel.
I hope the judge throws the book at Samsung, one of the very few mega-corporations, probably the only one right now, who would have a convicted felon for its CEO. The last one I can think of is Steinbrenner when he ran the Yankees.
Edited by tundraboy - 10/3/13 at 8:56am