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Microsoft Sues Google For Hiring MS Exec

bonch writes "So it begins...Microsoft is suing Google for wooing away a top executive to work in a China research lab. Microsoft is accusing Kai-Fu Lee of breaking his contract by taking a job within a year of leaving Microsoft, and accused Google of 'intentionally assisting Lee.' Google describes the claims as 'completely without merit' and vows to defend against them."

19 of 720 comments (clear)

  1. Wait a minute... by Punboy · · Score: 5, Interesting

    Since when can a company control whether or not you get to get another job? Could this mean that companies could FORBID you from ever getting another job? Or at least prevent you from getting another job for a longer period of time? I'm asking because some companies might use this as "incentive" to keep people from quitting, particularly game programmers who are overworked and frankly, underpaid.

    --
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    1. Re:Wait a minute... by DaHat · · Score: 5, Informative

      Non-compete clauses are quite common in many higher end tech jobs and have been upheld for the most part provided the terms of agreement are not unreasonable. A lifetime agreement not to work for the competition would quickly get thrown out, however a year or two long within a specific sector or industry would be just fine expect where prohibited by law... California IIRC expressly forbids non-compete clauses, however I could be wrong as it's been a while since I looked into it.

    2. Re:Wait a minute... by Tongo · · Score: 5, Interesting

      I had to sign one of these for my current job. It's called a non-competition agreement or something like that. Basically mine said that I could not work in a related field for 180 days within 80 miles. I'm sure different companies have different requirements.

      Companies use them to protect IP or to prevent your from running of with their existing client base.

      I've hear rumors that they aren't legally binding though. If all your trained to do is code, your old company can't prevent you from making a living.

    3. Re:Wait a minute... by aussie_a · · Score: 5, Insightful

      the employee had a contract with Microsoft. Google was under no such agreement. Good luck with this one Microsoft. Maybe going after the employee would have worked, but going after Google?

      With Apple sueing fan sites for allegedly inducing people to break their contracts (NDA is a type of contract) and winning, they've paved the way for people to be sued* for allegedly inducing someone to break a contract. Which is the better company again? (Yeah, I expect to get modded down from the Apple fan-boys, but it's true, it's annoying when someone points out facts).

      * Although it's highly possible they weren't the first, they have still taken advantage of it though.

  2. And in other news, cows moo. by Aeron65432 · · Score: 5, Funny

    Intentionally assisting him? As in, giving him a job?

    1. Re:And in other news, cows moo. by Rosco+P.+Coltrane · · Score: 5, Funny

      Intentionally assisting him? As in, giving him a job?

      Who knows, maybe they provided the guy with a ladder to climb the electrified barb-wired fence surrounding the Microsoft compound, and passed packets full of poisoned bits of meat to neutralize the guard dogs, so that he could escape.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  3. Lawsuit on Google? by someonewhois · · Score: 5, Interesting

    Shouldn't it be the employee that gets the lawsuit? They were the ones who broke the contract? Not Google? I mean, yes, I read the article, but wouldn't it make more sense to just sue the person, not try and make up random claims?

    Sure, they want to attack Google in all ways they can, but seriously... this just seems stupid.

    1. Re:Lawsuit on Google? by LiquidCoooled · · Score: 5, Funny

      Google are there to help everyone.
      I bet this guys' first action was to google for a lawyer.

      --
      liqbase :: faster than paper
  4. $64,000 question! by Sanity · · Score: 5, Funny

    I wonder who Slashdot is going to back in this legal battle?!

  5. Maybe try reading your contract next time, Lee by EraseEraseMe · · Score: 5, Insightful

    Maybe he should have read his contract, especially considering:

    "At Microsoft, Lee oversaw development of the company's MSN Internet search technology, including a desktop search service released earlier this year."

    Sign a non-compete clause on your contract, run a department, leave that company to work for the competitors identical department, and then sit back and say "Aw shucks, I didn't realize this would be a problem."? No, sorry, no support from me on this issue.

    Sounds more like Google went head-hunting and didn't cross their T's and dot their i's.

    And don't proclaim the whole 'undue hardship of finding a job in that field' angle, because it's rather obvious exactly why he got this job.

    I think Microsoft will probably let this one go; however, it does reflect poorly on Lee (and Google).

    --
    "Anybody who tells me I can't use a program because it's not open source, go suck on rms. I'm not interested." (LT 2004)
    1. Re:Maybe try reading your contract next time, Lee by Monoman · · Score: 5, Funny

      Can MS prove they really compete with Google? ;-)

      --
      Keep the Classic Slashdot.
  6. Re:This makes M$ seem by DaHat · · Score: 5, Interesting

    If you want to talk about such actions... I suggest you look up Alienation of Affection. It's only still useable in a few states (South Dakota being one of them (where I live)) and has to be one of the coolest and yet most ridiculous concepts still on the books.

    In short, it is based on the concept that a wife is property of her husband, and if another man should 'steal' the wife from the husband and cause her to wish to be with him, leading to the end of the existing marriage, the (former) husband has legal standing to sue the other man for taking his wife.

    Brilliant eh?

    In most states where this concept exists (or more often existed), it has been thrown out by judges hearing such cases in recent years, so it's existence is quite endangered.

    Why do I mention this? Simple, the example you made as a joke believe it or not has some legal standing.

  7. Slightly O/T 'non-competition'... by saderax · · Score: 5, Interesting

    At my job (a small company of 11 people), I was recently informed that we would be renegotiating contracts. I was then handed a 16 page document and told if I did not sign it, I would be fired.

    Nestled deep among the fine print of this document I discovered the following gems:

    • I cannot use a computer for two years after I leave.
    • The contract never expires.
    • Anything I do on my computer, at my own home, on my time, belongs to the company.
    • If I get another job on a computer, I have to notify them, and the company has a right to send my new employer a copy of the contract.
    My boss says I'm reading it wrong, its all legal speak, and its just a friendly contract. He also claims every business will make me sign the same thing. Is this legal? I've received a lot advice. Some say to quit, some say its unenforcable, and I should sign it, etc.

    So far I have not signed it (so I can leave and compete all I want...), but cannot find a job to leave this company for. Should I sign it? Is anyone hiring a web programmer in the Tampa, FL area?

    1. Re:Slightly O/T 'non-competition'... by yerM)M · · Score: 5, Interesting
      Here is what I did:

      Scratch out (draw lines through) the items you don't like and initial them and sign the bottom pages (all of them). Make a notorized copy and hand the contract back. There is a good chance it will be counter-signed without anyone looking over the contract.

      Remember, this is a CONTRACT, you are free to make changes that you see fit.

  8. Re:Um.. dude's gotta fuckin work. by thundercatslair · · Score: 5, Funny

    Yes, If I was making contracts I would put the dumbest shit in it. I would do my best to make sure they don't read it either.

  9. Re:The world should sue MS for that very same reas by ak3ldama · · Score: 5, Insightful
    since the parent started out as a Score: 0, i won't try to mod the parent up, he still won't get seen. but he shouldn't be modded troll!

    MicroSoft has a bad history of hiring managers/senior programmers from other companies and having them do the exact same work they used to do, but under their new four colored flag. So indeed: For the greater good, sue them (back)! :p

    --
    "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
  10. Talk to a lawyer ASAP by zippthorne · · Score: 5, Insightful

    Before you sign anything, Talk to a lawyer. Make sure they deal with contract disputes regularly. It's true that lawyers charge outrageous fees for their services, but in this case it's worth it since "the contract never expires" and "everything you do belongs to them" FOR THE REST OF YOUR LIFE? How much would you pay a doctor to cure a bacterial infection? or a mechanic to fix your transmission? If it's as big a part of your life as a contract, you should be be willing to consult a specialist to make sure it's set up well.

    Slashdot is a bunch geeks who are good with technology, but that doesn't make any of us legal experts in any way shape or form. I am sure that you can hammer out a mutually acceptable agreement if you get some legal muscle working on it.

    --
    Can you be Even More Awesome?!
  11. It just goes to show.. by ShaniaTwain · · Score: 5, Insightful

    Just because its in their standard contract doesnt mean you have to sign for it. Don't give a company unreasonable control over your life after you no longer work for them.

    Most companies will agree to reasonable changes to your contract if you negotiate with them upon signing. Contracts can include ridiculous limitations to the way you live your life now and in the future, read them carefully and don't be afraid to ask for changes. they've had the contract written up to give them as much as possible, but as an employee its up to you to decide how much you want to give them.

    If they're completely inflexible do you really want to work for Hugenormous Pan-galactic Deathcorp Inc.?

    1. Re:It just goes to show.. by ricewind · · Score: 5, Funny
      If they're completely inflexible do you really want to work for Hugenormous Pan-galactic Deathcorp Inc.?
      Hell yes! Imagine how impressive your business card would be.