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Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

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Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#61

Earlier quoted context omitted.

* More effectively preventing the transfer of trade secrets or other proprietary information; non-competes are widely unenforceable, so while no-poach doesn't necessarily stop it, it makes it less likely. * Preventing major disruption to studios' projects as key players are poached any time a film goes into production. You could say they should have separate contracts binding the employee to stay for the duration if…

An employee really worth it will see their salary go up. An employee that keeps switching to the highest bidder will gain a rep as unreliable. That problem solves itself. No need for the employer to trample on the employee

> An employee really worth it will see their salary go up.

Maybe at some places but I'd bet not at the vast majority. An employee that is worth more than they are paid will sometimes be given a raise that was not asked for. The employee may also ask for a raise and either be denied or accepted. Lastly, the employee may look elsewhere and be recognised for the new value that they can bring.

Of the 3, the last option is what I've noticed much more often. This isn't (always) the "fault" of the employee, but of the employer unwilling to recognise or pay for the value being delivered.

I imagine the thought process goes "they are delivering X for value Y, why would we give away our profits for value Z?". But just like companies that need to demonstrate profit growth, the employees will want to see their own profits grow especially when their experience should lead to increased value delivered.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#63
post #58
post #52

Earlier quoted context omitted.

Your personal attacks on cookiecaper are disgusting.

Here's the thing: when you're discussing the failures of another person's moral reasoning, you are inevitably calling their character into question. It may not be the point, but it's unavoidably the effect. For the same reason that you can't state that someone is lying without denigrating their character, you cannot point out that someone is representing an utterly amoral position without implying that they are a gen…

Your attack is high on prejudicial conclusion-jumping disgust-invoking labels – 'stupid', 'amoral', 'stink', 'pile of shit' – and low on reasoning. It's also unnecessarily personal – implying a person holding a reasoned opinion is an untouchable outcast.

That's what makes it out-of-bounds.

Looking back, you made no substantive comments on thread. You just opened by making a speaker the subject, and slurring that speaker. That's nasty.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#64

Earlier quoted context omitted.

* More effectively preventing the transfer of trade secrets or other proprietary information; non-competes are widely unenforceable, so while no-poach doesn't necessarily stop it, it makes it less likely. * Preventing major disruption to studios' projects as key players are poached any time a film goes into production. You could say they should have separate contracts binding the employee to stay for the duration if…

An employee really worth it will see their salary go up. An employee that keeps switching to the highest bidder will gain a rep as unreliable. That problem solves itself. No need for the employer to trample on the employee

But is simply refraining from one specific something – outbound targeted 'poaching' of your competitor's superstars – really 'trampling' on the employee?

If they never hired an applicant from a competitor, that'd be low. If they sabotaged their own employees' independent applications elsewhere, that'd be low.

But targeted outbound recruiting is a very specific activity – which is sometimes even viewed as harassment by the targets themselves. It's likely zero-sum for the industry, and possibly negative-sum – if it disrupts ongoing projects and deters investment in employee-specific enrichments.

A cutthroat bidding-war attitude – between competitors, and between employee short-term compensation and the enterprise's long-term value – isn't necessarily in the interest of all industries or even most of the employees. (It might, for example, reward superstars but at the expense of the bulk of employees seeking stability and meaning in their work. It's hard to say, and the rush-to-demonize crowd does not appear to have studied the tradeoffs as closely as Catmull and similar.)

Starting a cycle of incentivized poaching could be like starting a cycle of nasty-negative-advertising. A first-mover might get a temporary advantage, but once everyone responds, they're all worse off for having competed in that way. Even the stars who 'won' immediate compensation boosts might wind up losing, as projects fail and the industry underperforms.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#65
post #63
post #58

Earlier quoted context omitted.

Here's the thing: when you're discussing the failures of another person's moral reasoning, you are inevitably calling their character into question. It may not be the point, but it's unavoidably the effect. For the same reason that you can't state that someone is lying without denigrating their character, you cannot point out that someone is representing an utterly amoral position without implying that they are a gen…

Your attack is high on prejudicial conclusion-jumping disgust-invoking labels – 'stupid', 'amoral', 'stink', 'pile of shit' – and low on reasoning. It's also unnecessarily personal – implying a person holding a reasoned opinion is an untouchable outcast. That's what makes it out-of-bounds. Looking back, you made no substantive comments on thread. You just opened by making a speaker the subject, and slurring that spea…

Try looking back a bit further. You'll note that it was actually the previous poster who had made the speaker the subject, and that was in the context of a remark about how he was being reflexively down-voted for (presumably) making conspicuously bad arguments.

Bear in mind that it was failures of reasoning like these - that is to say, ones grounded in distinctly personal shortcomings - that produced the situation at Pixar which we're discussing. Indeed, for those of us whose careers have taught us the importance of making suitably judicious assessments of the personal character of those we depend on, a discussion of the rhetorical hallmarks of people who defend illegal and abusive employment practices is vitally important. Spotting them quickly can be the difference between a really bad choice and a good one. So again, that's why I was saying there's value in cookiecaper's otherwise objectionable remarks: they're a case study in the kind of stuff you really do need to watch out for.

And within the specific social context I noted - i.e. people working in HR - remarks like cookiecaper's jolly well should him an untouchable outcast. For the same reason you don't want a person with a lax attitude about embezzling anywhere near your finance department, you don't want a person who thinks that contracts are "inconvenient" in a position where they're likely to conclude that violating the law "is just a lot faster and easier" than respecting it. (I'm paraphrasing, but that's the essence of the "reasoning" on display.)

Now perhaps you don't consider a frank characterization of the sub-par ethical traits that are the direct cause of problems like Pixar's to be "substantive". On that point I can only say that we sharply disagree.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#66
post #22

Earlier quoted context omitted.

Prices arise through market forces: the competition of buyers for the same goods. If the largest purchasers of a given good agree not to compete, then prices are absolutely harmed. Understanding where staff is going is reasonable. Making it so that your staff doesn't have opportunities to go anywhere? That's a criminal conspiracy to rig a market.

I agree that a likely effect was artificial depression of employee salaries, but I don't think we've seen it adequately demonstrated that that was the primary intended effect and not just an unintentional or tertiary side effect of the agreement. Frequent poaching is often considered unsportsmanlike competition by business people; I know several of the companies I've been affiliated with have felt that way. It's poss…

> " but I don't think we've seen it adequately demonstrated that that was the primary intended effect and not just an unintentional or tertiary side effect of the agreement"

Do we need to demonstrate intention? You brought up mens rea elsewhere in the thread but it hardly seems relevant at the end of the day. Someone with a clear intent to screw his employees certainly is more despicable and villainesque, but the practical impact on the employees is the same even if he did so unintentionally.

And we can frown upon it all the same, because it's not as if he did something innocent with unforeseen side effect - the agreement was illegal, and the fact that it was secret suggests everyone involved knew this.

So yeah, I'm maybe willing to believe that Ed Catmull didn't go out there with the explicit intent of screwing his employees. He may have engaged in this agreement in protection of his company, or of his work, but ultimately he (and every other SV CEO involved) kept it hush-hush because they knew it was illegal and immoral, and that the wider world would cry foul at what they were doing.

Mens rea would make the morality of this more open and shut, but I do not believe it is critical to our ability to judge the impact and legacy of these actions.

> "Frequent poaching is often considered unsportsmanlike competition by business people; I know several of the companies I've been affiliated with have felt that way."

But yet this isn't a game. These are people, not basketballs. It's careers, not the soccer field. It's families, children, vacations, dreams, plans, not points in to be scored against your opponent.

You're being unfairly downvoted IMO and you've brought up some good points, but what you're seeing (some have stated this explicitly) is backlash against business folk who are so concerned about the high-level game being played that they've forgotten that the pieces on the board are people.

The mistake here is the belief that this is somehow unique to Ed Catmull, Eric Schmidt, Steve Jobs, et al. The demonization of him I'm seeing in this thread is disappointing because a large percentage of the people doing the pitchfork-waving would have done the exact same thing in his position. All sufficiently complex systems (the movie industry certainly one of them) evolve complex rules and strategies, and it's remarkably easy to get lost in them and forget that these systems are built on top of people.

It's tempting to think of people who do bad things as "evil men", because it gives us security: "I'd never do something like that, phew". In reality though there are few evil men, but many men who do evil things. The notion that some people are capable of evil while others are not is hubris, and is a great way to end up on the wrong side of the morality scale without even knowing it. I personally doubt Ed Catmull ever got out of bed in the morning and decided he was going to screw a bunch of animators and inhibit their careers, but yet it happened, and I'd encourage all the pitchfork-wavers in this thread to consider that they themselves can just as easily end up in that position, especially if they approach life with the assumption that they're one of the Good Guys.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#67
post #64

Earlier quoted context omitted.

An employee really worth it will see their salary go up. An employee that keeps switching to the highest bidder will gain a rep as unreliable. That problem solves itself. No need for the employer to trample on the employee

But is simply refraining from one specific something – outbound targeted 'poaching' of your competitor's superstars – really 'trampling' on the employee? If they never hired an applicant from a competitor, that'd be low. If they sabotaged their own employees' independent applications elsewhere, that'd be low. But targeted outbound recruiting is a very specific activity – which is sometimes even viewed as harassment b…

I appreciate the grey area here and that probably calling Catmull a monster is taking things a bit far. But especially the email about Jill getting poached suggested that Pixar had zero interest in promoting her internally, while Sony was offering her a chance at career growth.

It's hard not to sound like an asshole while you tell someone they're not good enough to be promoted while also having a handshake agreement with your direct competitors to nod along and make it easier for you to manage your profit margins.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#68
post #18

Let the payback begin, including interest. Many years ago (10?) I distinctively remember reading an article about the collapse of salary of animators. Their salary had shot up as much as a million a year thanks to surprise hits such as the first batch of hits from Pixar. But in a matter of a few months or a year or so, the salary had gone down drastically. The article was mentioning glut of animated movies etc, but I…

I don't feel like financial payback is sufficient. If laws were broken, people need to go to prison. Looks to me like all the evidence is right there.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#69

Earlier quoted context omitted.

Agreed. I'm reading his book Creativity Inc. right now, and it's chock-full of goodness. Except that now, I question the very motives and integrity of the author, so the whole thing is completely suspect, and I might just not continue reading.

We're too fast to discard people in this community. The linked article is heavily editorialized; it doesn't represent anything like even-handed coverage. We should give important figures in our community the benefit of the doubt, and learn how to respectfully disagree with one another. Even if something is illegal, it's not necessarily self-evidently immoral, and Catmull et al easily could've made anti-poaching pacts…

Once you've demonstrated you have no integrity as a human being, the onus is on you to demonstrate, through your actions, that you have changed.

Re: Emails, court docs show how Sony stood up to Steve Jobs’ and Pixar’s wage-fixing

#70
post #28

Earlier quoted context omitted.

Quick reminder to everyone: Please don't downvote comments that contribute to the conversation just because you disagree with them. You might think that cookiecaper is an insensitive clod. But, he's not posting fluff, off-topic or otherwise distracting material.

>Please don't downvote comments that contribute to the conversation just because you disagree with them. That's a rule on Reddit, but to my knowledge it's never been a rule here. Here's pg's own words on the subject. >I think it's ok to use the up and down arrows to express agreement. Obviously the uparrows aren't only for applauding politeness, so it seems reasonable that the downarrows aren't only for booing rudene…

That would make sense if all down voting did was show the net score, or the up/down breakdown.

However, when an article has a more down votes than up votes, it is also made harder to read, and the bigger the difference, the harder to read it becomes. That makes pg's remark make little sense, unless HN is supposed to be a place where disagreeing with the majority is discouraged, which is not very hackerish. Some clarification from pg would be helpful here.

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