Mark Papermaster Joins Apple as Senior Vice President of Devices Hardware Engineering

CUPERTINO, California—November 4, 2008—Apple® today announced that Mark Papermaster is joining the Company as senior vice president of Devices Hardware Engineering, reporting to Apple CEO Steve Jobs. Papermaster, who comes to Apple from IBM, will lead Apple’s iPod® and iPhone™ hardware engineering teams. Papermaster has 25 years of product and technology experience, and was previously a vice president at IBM...

http://www.apple.com/pr/library/2008/11/04papermaster.html

Hasn't it been commented ad nauseam last week that non-competes were deemed unenforceable in California by that state's Supreme Court?

If the NCA was iron-clad in its home jurisdiction, why would big blue then offer money to Papermaster if he'd stay home for the year? If that was already part of the agreement, was it inadvertently contingent on him accepting the money? In other words, is it not binding if he refuses the payment?

Since this is not even mentioned, this is 'me-too(-late') reporting.