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Legal Arguments Can Hurt Tech Job Mobility
camelcai writes "Microsoft's suit against Kai-Fu Lee and Google is based off of the thought that in some circumstances people can't avoid sharing or relying on trade secrets from their former employer when moving to a competitor. In MS's filing it says: 'Lee's conduct threatens to disclose or Lee inevitably will disclose Microsoft's trade secrets to Google and/or others for his and/or Google's financial gain in the course of working to improve Google search products that compete with Microsoft, and in the course of establishing and building Google's presence in China to compete with Microsoft's efforts in China.' According to CNET, thanks to this increasingly popular legal argument, defectors might face a lawsuit even if they did not sign agreements not to compete or not to disclose confidential information."
And you can't spell 'slaughter' without laughter!
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-William Brendel
La conduite de la lie menace de révéler ou la lie inévitablement révélera les secrets commerciaux de Microsoft à Google et/ou à d'autres pour le sien et/ou le gain financier de Google au cours de travailler pour améliorer les produits de recherche de Google qui concurrencent Microsoft, et au cours d'établir et d'établir la présence de Google en Chine pour concurrencer les efforts de Microsoft en Chine.
leaving pr0n on your machine! Oops!
Evil people don't think they're evil. - George Lucas, Making of Ep III
In today's modern industrial society, corporations have the freedom to restructure their corporate operations unfettered by such obsolete, quaint notions as labor unions or national borders. But can today's lean, muscular engines of economic opportunity lay off workers with the assurance that their trade secrets will be protected? Will HR consultants be able to utilize the synergistic interplay between noncompete clauses and pink slips? Or will meddling nation-states intervene, citing old-fashioned notions of "justice"?
Daddy, evil google stole my scientist!
"It's too bad that stupidity isn't painful." - Anton LaVey
Having the Google Toolbar installed on his Microsoft Internet Explorer.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
I say, with smug snottiness and undeserved self-satisfaction, that Unions are bad for the economy and bad for workers because they rob employees of any motivation to do better work, and it goes against the Christian ideas of capitalism and unfettered free trade...also, their campaigns for workers rights and fairness give plant workers better salaries and it is more difficult as an employer to coerce their wives into trading sex for their husband's privilege of keeping his job.
Of course if you deal with M$ and look at their confidentiality/nondisclosure agreements, they specifically reserve residual rights -- so they're complaining about an ex-employee possibly doing what they explicitly say they're going to do to others.
Big surprise.
But who cares if the guild system rules so long as your guild runs MC every week. Am I right, or am i right?
that's my word, holla...
...it is more difficult as an employer to coerce their wives into trading sex for their husband's privilege of keeping his job.
Screw that, under the New Feudal system they can bring back the "droit de siegneur" - the CEO gets to have sex with your new spouse on your wedding night.
Freedom: "I won't!"
Wasn't it a short while ago that Microsoft, facing a lot of anti-trust litigation, was trying to argue its way out of a lot of legal problems with the DOJ, involving competition with smaller companies that it was steamrollering or strong-arming? Now that the shoe is on the other foot, it hardly seems balanced.
Recent preliminary glimpses into Microsoft's Start project and Google's entrace into the IM and desktop app scene show that they are starting to crowd into the same desktop search portal market.
I think the broad language of above claim demonstrates that Microsoft would seek to prevent Kai-Fu Lee from joining Google even if his R&D projects have nothing to do with those he managed in Redmond. Such an outcome would set a pretty poor example for the IT industry. There should not be a waiting period for starting a new facility if no direct tech transfer can be proven. I agree with the poster who noted that what's in researchers heads (and this includes rapport with a foreign market) really belongs to them.
I don't care how much you may legally justify it, the guy is his own person and should have the right to do and think as he does, Unless he commits some sort of (illegal) violence, I don't think it's any of their business.
If it was such an important issue, they maybe sould not trust such informatin to mere mortals and just load it in to some VB script to keep the info safe.
Look, we are talking people here, the companies are not looking at that fact, only the potential effect it might have on thier stocks.
"Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
Looks like corporate management has found a new Fugitve Slave Law to ensure that the full power of the State and its courts enforce their ownership of their human property.
Sigh. Is it this bad in other countries, or is it just the nation formerly known as the United States of America?
Welcome to the Panopticon. Used to be a prison, now it's your home.