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Ex-Microsoft Exec Barred From Google Job
DaHat writes "Following up on last weeks report that Microsoft filed suit against Google for the hiring of former Microsoft executive Kai-Fu Lee, today Superior Court Judge Steven Gonzalez granted a temporary restraining order barring Lee from violating his noncompete agreement by performing the work that he was hired for by Google."
Interestingly, Google is (in part) trying to say in California, where they are, the law prohibits the kind of thing Microsoft is doing right now (it's a good law, by the way). But people, the contract this guy signed was not signed in California. Microsoft is based in Washington State. I tend to think Microsoft has a point here...
"Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
In year ~2000, there was a court case in the province of Quebec where Matrox was suing an ex-employee for going to work for nVidia, while under a non-compete agreement. Matrox lost.
The court indicated that Canada is a free and capitalist society which upholds the idea of free movement and the ability to earn a living. Additionnally, the Quebec Civil Code (the province of Quebec uses codified law mixed with common law principles) clearly indicates that such an agreement must be limited in its scope, location and duration.
Matrox made two mistakes. Firstly, its agreement mentionned that it would be reviewed and signed every year, which it wasn't (this little fact wasn't pleaded by the defendant so it didn't impact the decision, but the judge noted it in his judgement). And most importantly, it specified that the employee couldn't work for a list of competitors in North America (if I recall correctly). This location being too vague made the agreement unenforceable.
Note that it wasn't fact that the two companies operate in different jurisdictions that made the agreement unenforceable, as was hinted at by internet "news" media. It's often possible to enforce a judgement from one jurisdiction in another in civic societies.
Well, considering that the current case involving Microsoft and Google presents a number of similarities, perhaps similar civil principles will determine the outcome.