| While I don't think Levandowski is a good guy (he did take a bunch of files, even if I think it's unlikely they were used in any real way), I think the way Google pursued him hinders skilled individuals from switching between companies and spreading innovation. Here's an excerpt from a New Yorker article about the case: > The judge, William Alsup, quickly tired of such distractions. “Despite the excellent quality of the lawyers here, I cannot trust what they say,” he announced in court. The documents he was being shown, he said, included “a lot of half-truth” and arguments that were “not quite accurate.” Alsup clearly thought that something unseemly had occurred, writing in one ruling that Levandowski had resigned from Waymo “under highly suspicious circumstances,” and that the “14,000-plus purloined files likely contain at least some trade secrets.” He also noted that “it would strain credulity to imagine that Levandowski plundered Waymo’s vault the way he did with no intent to make use of the downloaded trove.” Yet Alsup wasn’t sure if Waymo had demonstrated that any of its information had been used in an illegal manner. “If you can’t prove that Uber got these trade secrets, then maybe you’re in a world of trouble,” he told Waymo’s lawyers. https://www.newyorker.com/magazine/2018/10/22/did-uber-steal... Faced with a weak case, Google settled quietly for 0.33% of Uber's stock, which is no tiny amount, but definitely not a landmark settlement. The more concerning part is that: 1. Google pursued Lewandowski with the help of federal prosecutors, using the threat of criminal trade secret charges and 2. He was essentially abandoned by both his former employer and his current employer. The former attacked him to punish him for wrongdoing and to set an example. Uber abandoned him because he became too risky now that he became a weak point that could be exploited in court. This feels like too much leverage for a former employer to have, regardless of whether you were truly guilty or not. In fact, I think the outcome would have been similar had Lewandowski stolen nothing at all. |
If you or I did any of those things we'd have been crucified. The fact that he's still standing is a testament to our dual legal system, one for the wealthy and powerful and one for the normals. Had he just left without stealing the IP he'd be fine. He even could have gotten away with violating his non-solicit agreement. The fact that nobody can prove he used the stolen material doesn't really apply.