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My former employer Opera Software has filed a lawsuit against me

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Re: My former employer Opera Software has filed a lawsuit against me

#51

Earlier quoted context omitted.

IIRC the low-end smartphones made by ZTE/Huawei are quite popular.

Yes, but are they running opera mobile? My understanding was that it lost popularity when the government stopped allowing people to use it to jump the GFW.

http://www.techinasia.com/operas-mobile-browser-silently-con... - Millions of Monthly Unique Users in China and other Asian countries as per this article on 03/05/13

Re: My former employer Opera Software has filed a lawsuit against me

#53

Earlier quoted context omitted.

This sounds like it was written by a lawyer, or at least run by one.

Wouldn't it be uncommon for a lawyer to allow him to say anything at all? As far as the lawyer's job is concerned, letting the client talk can never help, it can only hurt. I know this is the case for criminal cases, but I'm not sure if it applies to civil cases.

What about the possibility (perhaps remote) that damaging the ex-employer's reputation (by disclosing what at least looks pretty vindictive) will bring it [ETA: the ex-employer] into a two-front war and make them less successful in the suit? I'm not a lawyer so I'm way out of my depth here, but is this something that could possibly work?

Edit: slippery pronoun

Re: My former employer Opera Software has filed a lawsuit against me

#55

Earlier quoted context omitted.

This sounds like it was written by a lawyer, or at least run by one.

Wouldn't it be uncommon for a lawyer to allow him to say anything at all? As far as the lawyer's job is concerned, letting the client talk can never help, it can only hurt. I know this is the case for criminal cases, but I'm not sure if it applies to civil cases.

What do you mean "allow him"?

Lawyers do not make decisions (or at least, should not). We exist to assess risk, analyze liabilities, advise clients, and hopefully, present options and strategies to minimize risk while still accomplishing a given goal.

Any smart lawyer in this case knows part of him still being hirable is going to be not having his entire reputation destroyed. Depending on the accusations, "say nothing" may not be a necessary or even valid strategy. Additionally, the client is the one paying. If they strongly feel they want to defend themselves, your job as a lawyer is to try to make sure it does not legally jeopardize their case (or warn them if it will and they want to do it anyway).

In any case, note that civil cases in most countries are strongly pushed to settlements. This is one of the reasons for broad discovery in most places.

All of this said, lawsuits against employees like this are pretty darn rare. Having been involved in a number of these situations on the other side, usually they are just bluster, basically a warning that "if he works on something competitive, we will come after you", or a warning shot to stop poaching. An actual lawsuit is usually reserved for exec and above, which i don't think he was (Sorry if i'm misunderstanding the level/ladder distinctions Opera uses :P)

Lawsuits like this tend to only result when someone has really pissed someone else off, or plans on doing something one side sees as really damaging.

Again, the above is my experience in the US, Norway may be different.

Outside of the actual legal realm, there is always a hearts and minds war. People stop paying attention to this stuff very quickly. Whatever gets said in the first few days will be the narrative for a long time. After the first few hacker news posts, this will go away for a year or two, and then someone will win or lose. In the meantime, if he doesn't speak, everyone will think of him as "that guy that stole stuff from Opera". On the other hand, if he frames the narrative right, it becomes "Opera, that company that is going down the tubes because it has resorted to suing former consultants on baseless charges".

Since nobody really wants to go to court, or lose mindshare (In this case, it's very valuable to both sides for very different reasons), whoever frames the narrative best tends to extract the most favorable settlement terms, or at least, go into the suit with a better stance and ability to press claims harder.

In an actual trial of course, it won't make a lick of difference.

Re: My former employer Opera Software has filed a lawsuit against me

#56
post #9

It's ironic that both the companies which are proponet of non-profit open source software are engaged in this battle. Opera's legal counsel need to reassess this case, I don't think they can get $3.4million from this guy, what is the point of going after him?

AFAIK, Opera is in no way a proponent of non-profit or open source software. They are a publicly traded for-profit company and their main product is proprietary.

Except that Opera has historically been one of the most significant proponents for open standards, the WHATWG, and opening the web to people without internet access. One should also not forget that Opera is now contributing, and have already landed several patches, to the Chromium and Blink projects.

Re: My former employer Opera Software has filed a lawsuit against me

#57

Earlier quoted context omitted.

Wouldn't it be uncommon for a lawyer to allow him to say anything at all? As far as the lawyer's job is concerned, letting the client talk can never help, it can only hurt. I know this is the case for criminal cases, but I'm not sure if it applies to civil cases.

What about the possibility (perhaps remote) that damaging the ex-employer's reputation (by disclosing what at least looks pretty vindictive) will bring it [ETA: the ex-employer] into a two-front war and make them less successful in the suit? I'm not a lawyer so I'm way out of my depth here, but is this something that could possibly work? Edit: slippery pronoun

I don't see that being a problem, provided everything he wrote is simply a matter of fact. Perhaps I'm an optimist.

Re: My former employer Opera Software has filed a lawsuit against me

#58

You and the guys who work at Xenforo can have a my old employer is suing me party. Curious, what idiot in management at Opera decided to MITM attack https traffic on mobile platform for "optimizations"?

Opera Mini can't render HTML (only OPML), so they have to make the SSL connection on your behalf from the server. This isn't exactly a MITM attack, and from what I remember last time I played with it, they even warn you of the implications the first time you try to view secure content.

Opera Mobile and Desktop never mess with SSL, period.

Re: My former employer Opera Software has filed a lawsuit against me

#59
post #2

For somebody who doesn't want to talk about the case, he sure does talk about the case an awful lot!

I don't know the merit of the suit and from the sound of it I don't like their trade secret suit.

With that said, I think it's a very good strategy for Trond to go public with this. He is one person and the other party is a corporation. It will be a lopsided fight in the court. Even if he would win in court, it will have cost him dearly. This is what these kinds of suit about - intimidation. But by going public, he will be able to get public support and Opera is risking eroding their brand and good will. At the end of the day, a cold calculation on Opera's part to see how much branding they are losing due to the suit will convince them to drop it.

Re: My former employer Opera Software has filed a lawsuit against me

#60

So let me get this straight, Opera is suing you because they think you gave away secrets. It appears they have no hard evidence, no emails, no phone conversations, just someone talking about ideas. I would personally laugh at them and think about all of the money I would get when they lose. Also Opera needs your millions so that they can continue to support a piece of software that no one uses. (Chrome FTW!)

That is a myopic statement. Get off the bro-horse for a second. Opera has a lot of users! Their software, while not oss is pretty damn good!

Whether Opera is being evil or not we don't know and can't know from one filed lawsuits, speculation, and public retort so stop jumping on the bandwagon.

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