+Follow
气球气球
No personal profile
12
Follow
2
Followers
0
Topic
0
Badge
Posts
Hot
No data available
{"i18n":{"language":"en_US"},"userPageInfo":{"id":"3479077389013994","uuid":"3479077389013994","gmtCreate":1515983368017,"gmtModify":1620377409913,"name":"气球气球","pinyin":"qqqqqiqiuqiqiu","introduction":"","introductionEn":null,"signature":"","avatar":"https://static.tigerbbs.com/e5a7606775673bc405a1e12fc72e04d7","hat":null,"hatId":null,"hatName":null,"vip":1,"status":2,"fanSize":2,"headSize":12,"tweetSize":141,"questionSize":0,"limitLevel":900,"accountStatus":3,"level":{"id":1,"name":"萌萌虎","nameTw":"萌萌虎","represent":"呱呱坠地","factor":"评论帖子3次或发布1条主帖(非转发)","iconColor":"3C9E83","bgColor":"A2F1D9"},"themeCounts":0,"badgeCounts":0,"badges":[],"moderator":false,"superModerator":false,"manageSymbols":null,"badgeLevel":null,"boolIsFan":false,"boolIsHead":false,"favoriteSize":0,"symbols":null,"coverImage":null,"realNameVerified":null,"userBadges":[{"badgeId":"1026c425416b44e0aac28c11a0848493-4","templateUuid":"1026c425416b44e0aac28c11a0848493","name":"Tiger Star","description":"Join the tiger community for 2000 days","bigImgUrl":"https://static.tigerbbs.com/dddf24b906c7011de2617d4fb3f76987","smallImgUrl":"https://static.tigerbbs.com/53d58ad32c97254c6f74db8b97e6ec49","grayImgUrl":"https://static.tigerbbs.com/6304700d92ad91c7a33e2e92ec32ecc1","redirectLinkEnabled":0,"redirectLinkType":null,"redirectLink":null,"redirectLinkValidityFrom":null,"redirectLinkValidityTo":null,"hasAllocated":1,"isWearing":0,"stamp":null,"stampPosition":0,"hasStamp":0,"allocationCount":1,"allocatedDate":"2026.04.23","exceedPercentage":null,"individualDisplayEnabled":0,"backgroundColor":null,"fontColor":null,"individualDisplaySort":0,"categoryType":1001,"isScarce":0,"effectConfig":null,"effectEnabled":0,"plateImgUrl":null,"plateColors":null,"validityTo":null,"validityToTimestamp":null,"wearingSort":0}],"userBadgeCount":1,"currentWearingBadge":null,"individualDisplayBadges":null,"crmLevel":1,"crmLevelSwitch":0,"location":null,"starInvestorFollowerNum":0,"starInvestorFlag":false,"starInvestorOrderShareNum":0,"subscribeStarInvestorNum":0,"ror":null,"winRationPercentage":null,"showRor":false,"investmentPhilosophy":null,"starInvestorSubscribeFlag":false},"baikeInfo":{},"tab":"post","tweets":[],"hots":[{"id":687761964,"gmtCreate":1661265773261,"gmtModify":1676536766495,"author":{"id":"3479077389013994","authorId":"3479077389013994","name":"气球气球","avatar":"https://static.tigerbbs.com/e5a7606775673bc405a1e12fc72e04d7","crmLevel":1,"crmLevelSwitch":0,"followedFlag":false,"idStr":"3479077389013994","authorIdStr":"3479077389013994"},"themes":[],"title":"","htmlText":"**","listText":"**","text":"**","images":[],"top":1,"highlighted":1,"essential":1,"paper":1,"likeSize":0,"commentSize":0,"repostSize":0,"link":"https://ttm.financial/post/687761964","repostId":"1166446014","repostType":4,"repost":{"id":"1166446014","kind":"news","pubTimestamp":1661262074,"share":"https://ttm.financial/m/news/1166446014?lang=en_US&edition=fundamental","pubTime":"2022-08-23 21:41","market":"us","language":"zh","title":"Lawyer interprets Apple's pre-lawsuit employee case: No evidence to prove XPeng is responsible","url":"https://stock-news.laohu8.com/highlight/detail?id=1166446014","media":"凤凰网科技","summary":"8 月23 日早间,张小浪向美国圣何塞联邦法院认罪。早间的这则新闻将小鹏汽车推上了热搜,随后,小鹏汽车官微就此事发表声明,四连否认。小鹏称,案件至今已经四年多,小鹏汽车不了解案件具体情况,也未介入美国","content":"<p><html><head></head><body>On the morning of August 23, Zhang Xiaolang pleaded guilty to the U.S. Federal Court in San Jose.<img src=\"https://static.tigerbbs.com/5c01822763998d10c76cdfc5348cdbd3\" tg-width=\"736\" tg-height=\"754\" referrerpolicy=\"no-referrer\"/>This morning's news made XPeng a trending topic. Subsequently, XPeng Motor's official Weibo account issued a statement regarding the matter, denying it for four consecutive days. XPeng stated that the case has been going on for more than four years, and XPeng Motors is unaware of the specifics of the case, has not intervened in the subsequent investigation by U.S. judicial authorities, has no relevant dispute with Apple, and has no connection to the case.</p><p>However, this recruitment blunder four years ago still brought XPeng Motor to the forefront of accusations of being a \"technology thief\".</p><p><b>The theft occurred before joining the company, and XPeng was not investigated.</b></p><p>Ye Jun, a partner at Gezhi Law Firm and a well-known lawyer, told Phoenix.com Technology that from a legal perspective, there is currently no evidence to prove that XPeng Automobile is liable.</p><p>Since 2015, Zhang Xiaolang has been working at Apple as a hardware engineer for Apple's self-driving car team. In April 2018, Zhang Xiaolang began maternity leave after the birth of his child. After returning from leave, he informed Apple that his mother was sick and he needed to return to China to take care of her first. He also revealed that he was going to work for XPeng Motors. In May, Zhang Xiaolang left Apple and started working at XPeng Motors' Silicon Valley branch.</p><p>An insider close to Zhang Xiaolang revealed to Phoenix.com Technology that Zhang Xiaolang was already under investigation by Apple before he left the company.</p><p>Upon leaving the company, Apple's security team reviewed the device history records of two iPhones and laptops submitted by Zhang Xiaolang to the company and found a significant increase in downloads. On April 28 alone, 581 lines of user activity records were generated, compared to 610 lines the previous month.</p><p>In addition, Zhang Xiaolang admitted to sending data and information from the device to his wife's personal laptop via the \"remote delivery\" function. When inspecting his wife's laptop, authorities found as much as 40GB of data, 60% of which had \"serious problems\". Apple's investigation found that Zhang Xiaolang downloaded documents and information from the company's database. Apple's surveillance cameras even captured Zhang Xiaolang entering the lab to dismantle hardware.</p><p>On June 27, 2018, U.S. federal agents met with Zhang Xiaolang, and officials stated that he had admitted to stealing confidential data from Apple. On July 7, Zhang Xiaolang attempted to return to China and was arrested.</p><p>In other words, Zhang Xiaolang's secret theft occurred before he joined XPeng Motor Company.</p><p>Renowned IT and intellectual property lawyer Zhao Zhanling also believes that, based on current information, both Apple and the prosecution filed a lawsuit or conducted an investigation against XPeng during the trial, which indicates that the case is actually a dispute between Apple and a former Chinese employee, and has nothing to do with XPeng. Apple protects its intellectual property rights. As long as Zhang Xiaolang engages in any misconduct that Apple deems appropriate, he will be investigated, regardless of where he works.</p><p>XPeng' technology route is self-developed, and its autonomous driving technology has already been mass-produced, while Apple's autonomous driving technology has not yet been implemented.</p><p>Both lawyers argued that there was no evidence to prove that<b>Zhang</b>Xiaolang's secret theft was instructed by XPeng Motor Company, or related secrets and technologies were used by XPeng Motor Company.</p><p>According to 18 U.S. Code § 1839, the definition of \"trade secret\" is very broad, encompassing all forms of financial, commercial, scientific, technical, economic, and engineering information. It includes almost all forms and types of information kept in any way, as long as the company implements reasonable confidentiality measures and the information generates economic value to a third party.</p><p>Lawyer Ye Jun also warned that the habit of copying documents before leaving a job could pose risks. He stated that the definition of trade secrets is very broad, especially work results and technological achievements, which are mostly also trade secrets. However, many people without legal awareness may have the wrong perception that they made them themselves and can take them with them.</p><p><b>Multiple espionage cases: Lack of strict background checks sows the seeds of future troubles.</b></p><p>Besides Zhang Xiaolang, XPeng has also been involved in several other secret theft cases involving Chinese engineers.</p><p>In January 2019, Jizhong Chen, a former Chinese-American hardware engineer at Apple, was indicted by U.S. prosecutors for allegedly stealing trade secrets from Apple's electric vehicle division. Apple stated that it discovered Chen Jizhong had submitted his resume to a Chinese company that competes with Apple in the development of autonomous vehicle projects, suspected to be XPeng Motor Company, but XPeng Motor Company denied this.</p><p>Besides Apple, Tesla has also sued XPeng Motors engineers for stealing trade secrets.</p><p><img src=\"https://static.tigerbbs.com/d9aefed5c8be3081c4cc02044953d0a1\" tg-width=\"700\" tg-height=\"285\" referrerpolicy=\"no-referrer\"/></p><p>On July 10, 2019, the response document to the appeal filed by Cao Guangzhi, a senior engineer at XPeng Automotive, with the U.S. District Court for the Northern District of California was made public. Cao Guangzhi admitted to compressing Tesla's Autopilot-related source code, but denied that this was done before leaving the company.</p><p>In its lawsuit, Tesla stated that Cao Guangzhi was a member of the company's Autopilot team and one of only 40 people with access to the Autopilot source code. On January 3, 2019, Cao Guangzhi suddenly announced his resignation and joined XPeng Automobile. Tesla stated that Cao Guangzhi began using his iCloud account in 2018 to upload copies of Autopilot's relevant source code and eventually moved more than 300,000 files and directories related to Autopilot. XPeng Motor Company responded at the time that XPeng Motor Company had not found any possible violations claimed by Tesla before or after Cao Guangzhi joined the company, and the company had launched an investigation.</p><p>An early XPeng employee revealed that there was indeed a problem with insufficient background training for new employees in the early stages of XPeng' entrepreneurship.</p><p>Another early employee of XPeng Automotive told Phoenix.com Technology that he also joined the company in late 2017 through campus recruitment. There was no background check process, and the students who joined the company at the same time had background checks, but they were not very strict.</p><p>This claim was confirmed by several insiders at XPeng Automotive.</p><p>According to Phoenix Technology, XPeng delivered only 39 vehicles in 2018. At this time, XPeng Motor announced the launch of a 2.2 billion yuan Series B financing round. Companies that have just started Series B financing are generally in the startup stage, and the onboarding background check is not very strict. In fact, most companies will not specifically hire a background check company to save costs.</p><p>A headhunter in China who has been engaged in the recruitment of internet technology personnel for many years told Phoenix.com Technology that he serves almost all large listed or planned listed companies. These large companies usually hire specialized background check companies when recruiting, and the investigation content is becoming more and more rigorous. In addition to the contact person provided by the candidate, they will also confirm the candidate's work performance at the previous company through other means.</p><p>However, he stated that, generally speaking, unless there are serious violations or other motives, the vast majority of companies will not be too bothered by the background information of departing employees.</p><p>The headhunter revealed that generally, only after an offer is finalized and a qualified background check report is provided can a candidate be hired. However, there is actually a lot of room for manipulation in the background check process. Almost all internet companies have people who evade the background check process and take advantage of the situation. They can't hide the truth. If they find that there are problems with employees, the company will usually actively deal with them.</p><p></body></html></p>","source":"lsy1579143682692","collect":0,"html":"<!DOCTYPE html>\n<html>\n<head>\n<meta http-equiv=\"Content-Type\" content=\"text/html; charset=utf-8\" />\n<meta name=\"viewport\" content=\"width=device-width,initial-scale=1.0,minimum-scale=1.0,maximum-scale=1.0,user-scalable=no\"/>\n<meta name=\"format-detection\" content=\"telephone=no,email=no,address=no\" />\n<title>Lawyer interprets Apple's pre-lawsuit employee case: No evidence to prove XPeng is responsible</title>\n<style type=\"text/css\">\na,abbr,acronym,address,applet,article,aside,audio,b,big,blockquote,body,canvas,caption,center,cite,code,dd,del,details,dfn,div,dl,dt,\nem,embed,fieldset,figcaption,figure,footer,form,h1,h2,h3,h4,h5,h6,header,hgroup,html,i,iframe,img,ins,kbd,label,legend,li,mark,menu,nav,\nobject,ol,output,p,pre,q,ruby,s,samp,section,small,span,strike,strong,sub,summary,sup,table,tbody,td,tfoot,th,thead,time,tr,tt,u,ul,var,video{ font:inherit;margin:0;padding:0;vertical-align:baseline;border:0 }\nbody{ font-size:16px; line-height:1.5; color:#999; background:transparent; }\n.wrapper{ overflow:hidden;word-break:break-all;padding:10px; }\nh1,h2{ font-weight:normal; line-height:1.35; margin-bottom:.6em; }\nh3,h4,h5,h6{ line-height:1.35; margin-bottom:1em; }\nh1{ font-size:24px; }\nh2{ font-size:20px; }\nh3{ font-size:18px; }\nh4{ font-size:16px; }\nh5{ font-size:14px; }\nh6{ font-size:12px; }\np,ul,ol,blockquote,dl,table{ margin:1.2em 0; }\nul,ol{ margin-left:2em; }\nul{ list-style:disc; }\nol{ list-style:decimal; }\nli,li p{ margin:10px 0;}\nimg{ max-width:100%;display:block;margin:0 auto 1em; }\nblockquote{ color:#B5B2B1; border-left:3px solid #aaa; padding:1em; }\nstrong,b{font-weight:bold;}\nem,i{font-style:italic;}\ntable{ width:100%;border-collapse:collapse;border-spacing:1px;margin:1em 0;font-size:.9em; }\nth,td{ padding:5px;text-align:left;border:1px solid #aaa; }\nth{ font-weight:bold;background:#5d5d5d; }\n.symbol-link{font-weight:bold;}\n/* header{ border-bottom:1px solid #494756; } */\n.title{ margin:0 0 8px;line-height:1.3;color:#ddd; }\n.meta {color:#5e5c6d;font-size:13px;margin:0 0 .5em; }\na{text-decoration:none; color:#2a4b87;}\n.meta .head { display: inline-block; overflow: hidden}\n.head .h-thumb { width: 30px; height: 30px; margin: 0; padding: 0; border-radius: 50%; float: left;}\n.head .h-content { margin: 0; padding: 0 0 0 9px; float: left;}\n.head .h-name {font-size: 13px; color: #eee; margin: 0;}\n.head .h-time {font-size: 12.5px; color: #7E829C; margin: 0;}\n.small {font-size: 12.5px; display: inline-block; transform: scale(0.9); -webkit-transform: scale(0.9); transform-origin: left; -webkit-transform-origin: left;}\n.smaller {font-size: 12.5px; display: inline-block; transform: scale(0.8); -webkit-transform: scale(0.8); transform-origin: left; -webkit-transform-origin: left;}\n.bt-text {font-size: 12px;margin: 1.5em 0 0 0}\n.bt-text p {margin: 0}\n</style>\n</head>\n<body>\n<div class=\"wrapper\">\n<header>\n<h2 class=\"title\">\nLawyer interprets Apple's pre-lawsuit employee case: No evidence to prove XPeng is responsible\n</h2>\n<h4 class=\"meta\">\n<p class=\"head\">\n<strong class=\"h-name small\">凤凰网科技</strong><span class=\"h-time small\">2022-08-23 21:41</span>\n</p>\n</h4>\n</header>\n<article>\n<p><html><head></head><body>On the morning of August 23, Zhang Xiaolang pleaded guilty to the U.S. Federal Court in San Jose.<img src=\"https://static.tigerbbs.com/5c01822763998d10c76cdfc5348cdbd3\" tg-width=\"736\" tg-height=\"754\" referrerpolicy=\"no-referrer\"/>This morning's news made XPeng a trending topic. Subsequently, XPeng Motor's official Weibo account issued a statement regarding the matter, denying it for four consecutive days. XPeng stated that the case has been going on for more than four years, and XPeng Motors is unaware of the specifics of the case, has not intervened in the subsequent investigation by U.S. judicial authorities, has no relevant dispute with Apple, and has no connection to the case.</p><p>However, this recruitment blunder four years ago still brought XPeng Motor to the forefront of accusations of being a \"technology thief\".</p><p><b>The theft occurred before joining the company, and XPeng was not investigated.</b></p><p>Ye Jun, a partner at Gezhi Law Firm and a well-known lawyer, told Phoenix.com Technology that from a legal perspective, there is currently no evidence to prove that XPeng Automobile is liable.</p><p>Since 2015, Zhang Xiaolang has been working at Apple as a hardware engineer for Apple's self-driving car team. In April 2018, Zhang Xiaolang began maternity leave after the birth of his child. After returning from leave, he informed Apple that his mother was sick and he needed to return to China to take care of her first. He also revealed that he was going to work for XPeng Motors. In May, Zhang Xiaolang left Apple and started working at XPeng Motors' Silicon Valley branch.</p><p>An insider close to Zhang Xiaolang revealed to Phoenix.com Technology that Zhang Xiaolang was already under investigation by Apple before he left the company.</p><p>Upon leaving the company, Apple's security team reviewed the device history records of two iPhones and laptops submitted by Zhang Xiaolang to the company and found a significant increase in downloads. On April 28 alone, 581 lines of user activity records were generated, compared to 610 lines the previous month.</p><p>In addition, Zhang Xiaolang admitted to sending data and information from the device to his wife's personal laptop via the \"remote delivery\" function. When inspecting his wife's laptop, authorities found as much as 40GB of data, 60% of which had \"serious problems\". Apple's investigation found that Zhang Xiaolang downloaded documents and information from the company's database. Apple's surveillance cameras even captured Zhang Xiaolang entering the lab to dismantle hardware.</p><p>On June 27, 2018, U.S. federal agents met with Zhang Xiaolang, and officials stated that he had admitted to stealing confidential data from Apple. On July 7, Zhang Xiaolang attempted to return to China and was arrested.</p><p>In other words, Zhang Xiaolang's secret theft occurred before he joined XPeng Motor Company.</p><p>Renowned IT and intellectual property lawyer Zhao Zhanling also believes that, based on current information, both Apple and the prosecution filed a lawsuit or conducted an investigation against XPeng during the trial, which indicates that the case is actually a dispute between Apple and a former Chinese employee, and has nothing to do with XPeng. Apple protects its intellectual property rights. As long as Zhang Xiaolang engages in any misconduct that Apple deems appropriate, he will be investigated, regardless of where he works.</p><p>XPeng' technology route is self-developed, and its autonomous driving technology has already been mass-produced, while Apple's autonomous driving technology has not yet been implemented.</p><p>Both lawyers argued that there was no evidence to prove that<b>Zhang</b>Xiaolang's secret theft was instructed by XPeng Motor Company, or related secrets and technologies were used by XPeng Motor Company.</p><p>According to 18 U.S. Code § 1839, the definition of \"trade secret\" is very broad, encompassing all forms of financial, commercial, scientific, technical, economic, and engineering information. It includes almost all forms and types of information kept in any way, as long as the company implements reasonable confidentiality measures and the information generates economic value to a third party.</p><p>Lawyer Ye Jun also warned that the habit of copying documents before leaving a job could pose risks. He stated that the definition of trade secrets is very broad, especially work results and technological achievements, which are mostly also trade secrets. However, many people without legal awareness may have the wrong perception that they made them themselves and can take them with them.</p><p><b>Multiple espionage cases: Lack of strict background checks sows the seeds of future troubles.</b></p><p>Besides Zhang Xiaolang, XPeng has also been involved in several other secret theft cases involving Chinese engineers.</p><p>In January 2019, Jizhong Chen, a former Chinese-American hardware engineer at Apple, was indicted by U.S. prosecutors for allegedly stealing trade secrets from Apple's electric vehicle division. Apple stated that it discovered Chen Jizhong had submitted his resume to a Chinese company that competes with Apple in the development of autonomous vehicle projects, suspected to be XPeng Motor Company, but XPeng Motor Company denied this.</p><p>Besides Apple, Tesla has also sued XPeng Motors engineers for stealing trade secrets.</p><p><img src=\"https://static.tigerbbs.com/d9aefed5c8be3081c4cc02044953d0a1\" tg-width=\"700\" tg-height=\"285\" referrerpolicy=\"no-referrer\"/></p><p>On July 10, 2019, the response document to the appeal filed by Cao Guangzhi, a senior engineer at XPeng Automotive, with the U.S. District Court for the Northern District of California was made public. Cao Guangzhi admitted to compressing Tesla's Autopilot-related source code, but denied that this was done before leaving the company.</p><p>In its lawsuit, Tesla stated that Cao Guangzhi was a member of the company's Autopilot team and one of only 40 people with access to the Autopilot source code. On January 3, 2019, Cao Guangzhi suddenly announced his resignation and joined XPeng Automobile. Tesla stated that Cao Guangzhi began using his iCloud account in 2018 to upload copies of Autopilot's relevant source code and eventually moved more than 300,000 files and directories related to Autopilot. XPeng Motor Company responded at the time that XPeng Motor Company had not found any possible violations claimed by Tesla before or after Cao Guangzhi joined the company, and the company had launched an investigation.</p><p>An early XPeng employee revealed that there was indeed a problem with insufficient background training for new employees in the early stages of XPeng' entrepreneurship.</p><p>Another early employee of XPeng Automotive told Phoenix.com Technology that he also joined the company in late 2017 through campus recruitment. There was no background check process, and the students who joined the company at the same time had background checks, but they were not very strict.</p><p>This claim was confirmed by several insiders at XPeng Automotive.</p><p>According to Phoenix Technology, XPeng delivered only 39 vehicles in 2018. At this time, XPeng Motor announced the launch of a 2.2 billion yuan Series B financing round. Companies that have just started Series B financing are generally in the startup stage, and the onboarding background check is not very strict. In fact, most companies will not specifically hire a background check company to save costs.</p><p>A headhunter in China who has been engaged in the recruitment of internet technology personnel for many years told Phoenix.com Technology that he serves almost all large listed or planned listed companies. These large companies usually hire specialized background check companies when recruiting, and the investigation content is becoming more and more rigorous. In addition to the contact person provided by the candidate, they will also confirm the candidate's work performance at the previous company through other means.</p><p>However, he stated that, generally speaking, unless there are serious violations or other motives, the vast majority of companies will not be too bothered by the background information of departing employees.</p><p>The headhunter revealed that generally, only after an offer is finalized and a qualified background check report is provided can a candidate be hired. However, there is actually a lot of room for manipulation in the background check process. Almost all internet companies have people who evade the background check process and take advantage of the situation. They can't hide the truth. If they find that there are problems with employees, the company will usually actively deal with them.</p><p></body></html></p>\n<div class=\"bt-text\">\n\n\n<p> source:<a href=\"https://mp.weixin.qq.com/s/Fen_NtW64JmB1aCCFUyAMQ\">凤凰网科技</a></p>\n\n\n</div>\n</article>\n</div>\n</body>\n</html>\n","type":0,"thumbnail":"https://static.tigerbbs.com/ccf08a65163213fb22b4f94f7fb404e8","relate_stocks":{"09868":"小鹏集团-W","XPEV":"小鹏集团"},"source_url":"https://mp.weixin.qq.com/s/Fen_NtW64JmB1aCCFUyAMQ","is_english":false,"share_image_url":"https://static.laohu8.com/e9f99090a1c2ed51c021029395664489","article_id":"1166446014","content_text":"8 月23 日早间,张小浪向美国圣何塞联邦法院认罪。早间的这则新闻将小鹏汽车推上了热搜,随后,小鹏汽车官微就此事发表声明,四连否认。小鹏称,案件至今已经四年多,小鹏汽车不了解案件具体情况,也未介入美国司法机关对案件的后续调查,与苹果公司之间也没有相关争议,与该案件无任何关联。但这起4年前的招聘踩雷,还是让小鹏汽车背上了“技术小偷”的质疑。窃密行为发生在入职前,小鹏并没有被调查美国格知律师事务所合伙人、知名律师叶俊告诉凤凰网科技,从法律层面讲,目前没有证据证明小鹏汽车存在责任。2015年以来,张小浪一直在苹果工作,担任苹果自动驾驶汽车团队硬件工程师,2018年 4 月,张小浪孩子出生开始休陪产假,休假回来后便告知苹果,自己的母亲生病,他要先回到中国照顾母亲。他还透露要去小鹏汽车工作。5 月份,张小浪从苹果离职,并且在小鹏汽车的硅谷分部办理了入职。一位接近张小浪的知情人士向凤凰网科技透露,张小浪在从苹果离职前,就已经被苹果公司展开了调查。离职时,苹果安全团队查看张晓浪上交公司发的两台 iPhone 和笔记本电脑的设备历史记录时,发现下载量大幅增加,仅在 4 月 28 日一天生成了 581 行用户活动记录,而在此前一个月,他生成了多达 610 行的记录。此外,张小浪还承认将设备的数据和信息通过“隔空投送”功能发到了他妻子的个人笔记本电脑上。在检查其妻子的笔记本电脑时,有关部门现多达 40G 的相关数据,其中 60% 的数据存在“严重问题”。苹果调查发现,张小浪从该公司的数据库中下载了文档和信息。苹果的监控摄像头甚至拍摄到张小浪进入实验室拆除硬件的画面。2018年 6 月 27 日,美国联邦特工与张晓浪进行了会面,官方称他已经承认从苹果窃取机密数据。7月7日,张小浪试图回国,被逮捕。也就是说,张小浪窃密行为发生在入职小鹏汽车前。知名IT与知识产权律师赵占领也认为,从目前的信息来看,此案的审理过程中,苹果与检方均为对小鹏提起诉讼或进行调查,也表明此案件实际是苹果和离职华裔员工个人的之间的纠纷,和小鹏公司无关。苹果保护自己知识产权,张小浪只要有被苹果认定的不良行为,就会被调查,与他去哪工作无关。小鹏技术路线是自研路线,且自动驾驶已经量产,而苹果的自动驾驶技术还未落地。两位律师均认为,没有任何证据能证明,张小浪的窃密行为受小鹏汽车指示,或相关机密、技术被小鹏汽车使用。根据美国法条18 U.S. Code § 1839 “商业机密”的定义非常宽泛,包括了各种形式的财务,商业,科研,技术,经济,工程信息,几乎包括了所有形式,以任何方式保存的各类信息,只要公司实施了合理的保密措施并且这些信息会对第三方产生经济价值。叶俊律师还提醒,离职之前copy文件的习惯可能会给自己带来风险。他表示,商业机密的定义非常广泛,特别是工作成果、技术成果,多半也是商业机密,但很多没有法律意识的人,可能会产生错误的认知,认为这是自己做出来的,可以带走。多起窃密案风波:背调不严格埋下后患除张小浪外,小鹏还卷入了其他几起华人工程师窃密案风波。2019年1月,苹果前美籍华裔硬件工程师陈继忠(Jizhong Chen)因涉嫌窃取苹果电动汽车部门商业机密被美国检察官起诉。苹果表示,发现陈继忠已向一家与苹果在无人自动驾驶车项目开发具有竞争关系的中国公司投了简历,疑似是小鹏汽车,被小鹏汽车否认。除了苹果,特斯拉也起诉过小鹏汽车工程师窃取商业机密。2019年7月10日,小鹏汽车高级工程师曹光植向美国加州北区法院申诉的答复文件被公开,曹光植承认将特斯拉自动驾驶相关源代码压缩,但他否认这是离职前的行为。特斯拉在起诉文件中指出,曹光植是公司自动驾驶团队的成员之一,也是仅有40个有权访问Autopilot源代码的人之一。2019年1月3日,曹光植突然宣布辞职,并加盟小鹏汽车。特斯拉表示,曹光植从2018年开始利用他的iCloud账户上传Autopilot的相关源代码副本,并最终移动超过30万个与Autopilot相关的文件和目录。小鹏汽车当时回应称,在曹光植入职前后,小鹏汽车都没有发现存在特斯拉所声称的任何可能违规行为,公司已启动调查。一位小鹏早期内部员工透露,小鹏创业的早期阶段,确实存在对入职员工背调不足的问题。另一位早期入职小鹏汽车的员工告诉凤凰网科技,他也是在2017年下旬校招入职的,没有背调流程,同期入职的社招生有背调,但不怎么严格。该说法被小鹏汽车多名内部人士证实。据凤凰网科技了解,2018年小鹏汽车交付量只有39辆,也是在这时,小鹏汽车宣布启动22亿元人民币的B轮融资。而刚启动B轮融资的企业一般都属于创业阶段,入职背调卡的不会很严,甚至大多数公司,为了节省成本,不会专门请背调公司。一位国内从事多年互联网技术人员招聘工作的猎头告诉凤凰网科技,他服务的几乎都是体量较大的上市或拟上市公司,这些大公司招聘一般都会请专门的背调公司,调查的内容越来越严格,除了候选人本人提供的联系人,也会通过其他方式确认候选人在上家公司的工作表现。不过他表示,一般而言,除非有较为严重的违规行为或其他动机,绝大多数企业不会太卡离职员工的背调。该猎头透露,一般确定offer后,有了合格的背调报告,候选人才能入职。但背调流程的操作空间其实很大,几乎所有互联网企业都有躲过背调流程入职的“浑水摸鱼”者,纸包不住火,如果发现员工存在问题,企业一般都会积极处理。","news_type":1,"symbols_score_info":{"XPEV":0.9,"09868":0.9}},"isVote":1,"tweetType":1,"viewCount":1291,"authorTweetTopStatus":1,"verified":2,"comments":[],"imageCount":0,"langContent":"EN","totalScore":0}],"lives":[]}