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I get your but point Point No. 6 in the Colligan affidavit says a different version -

    Mr. Jobs proposed an arrangement between Palm and Apple 
    by which neither company would hire the others' employees.

Note - there is no version of "active" or "non active" in the statement. It simply says no hiring ex-Palm/Apple employees. I simply see no reason why this should exist. Why should there be a collusion between company X and Y on a legal platform ?

"Why should this be the case?" is a far cry from "this is criminal."

You can call it whatever you want to - what name do you prefer?

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