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Judge Clears the Way for Google's Microsoft Hire

MarkEst1973 was one of the first to write to tell us MSNBC is reporting that a Judge has cleared the way for Google to hire former Microsoft employee Kai-Fu Lee. The hire does come with several limitations and Lee was also found to have 'misled his former employer and taken advantage of confidential Microsoft information'. This comes as a follow up to the original story in which Microsoft sued Google in order to prevent the hire. Tom Burt was quoted as saying that "Dr. Lee is going to be the highest-paid HR manager ever."

25 of 152 comments (clear)

  1. Google Blog Link by Seoulstriker · · Score: 4, Informative
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  2. Meanwhile... by Anonymous Coward · · Score: 5, Funny
  3. thought so. by yagu · · Score: 4, Insightful

    This is good news all around (all right, maybe not for Mr. Ballmer) as it underscores faith in the rights of employees to work for whom they want when they want assuming they act in reasonably good faith (NOTE: this is a standard hardly applied equitably to corporations.

    If you read the transcripts it seems clear (to me at least) Microsoft kind of blew it with this guy. They hired him for important work expanding their market into China and hamstrung him in his ideas and proposals.

    Also, as an aside, I got criticized for my post and my views about this issue. Most notable I feel vindicated in this portion of the exchange:

    (other poster:) A judge already ruled preliminarily in Microsoft's favor, stating that Lee could not do the duties at Google he was hired to do.
    My response (emphasis mine):
    Getting the preliminary injunction in cases like this is pretty standard procedure. No judge is going to allow a potential violation of a contract (or crime) be committed is it can be checked first. This is not unusual. I don't know what the final result will be here, but I'm guessing Fu-Lee will prevail.

    Also, for the record, in contrast to Tom Burt's crowing ""Dr. Lee is going to be the highest-paid HR manager ever.", Google's main goal was to have Lee to establish recruiting and expansion in China... And I doubt for a moment Lee won't be contributing to discussions about products and company directions. That part of the "contract" is just plain unenforcable.

  4. Re:HR Manager by ZakuSage · · Score: 3, Funny

    I, for one, welcome our new Google HR Manager overlord.

  5. Microsoft wasn't completely unjustified. by everphilski · · Score: 4, Interesting

    Maybe you didn't RTFA:

    At the same time, King County Superior Court Judge Steven Gonzalez found that former Microsoft (MSFT.O: Quote, Profile, Research) vice president Kai-Fu Lee had misled his former employer and taken advantage of confidential Microsoft information when first working at Google.

    All's not good for Mr. Lee.

    -everphilski-

    1. Re:Microsoft wasn't completely unjustified. by twiddlingbits · · Score: 4, Insightful

      Maybe, but the burden of proof is on MS to prove he used Confidential info. To prove this they would have to reveal that Confidential info at trial to show the judge and jury the facts and I doubt the judge would seal the transcript. So then everyone would know. This won't get in front of a trial judge, it will be settled. All it would take is for Google to not let him work on the technologies he developed at MS for one year, and I doubt the case can get heard in a year. Of course MS could then sue Google for somehow using MS "Trade Secrets" they supposedly got from Mr Lee. But that is still very hard to prove.

  6. Funny by user43 · · Score: 5, Funny

    Microsoft, your kung-fu no good!

    1. Re:Funny by flacco · · Score: 4, Funny
      Microsoft, your kung-fu no good!


      ahhh, grasshoppah, you have yet to face my Flying Chairs stance!

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  7. editing? by dotpavan · · Score: 4, Funny
    MarkEst1973 was one of the first to write to tell us MSNBC is reporting that a Judge has cleared the way for Google to hire former Microsoft employee Kai-Fu Lee.

    am I the first to type to tell Slashdot this article is reporting that someone has eaten all the puncutation marks and hence we were runing out and didnt know how to form a second sentence and so this marathon keeps going with great editorial skills which brings me to the point that please help this sentence keep going for the benefit of mankind....

  8. Noncompete by superpulpsicle · · Score: 3, Insightful

    Here is the part I don't understand. How can the judge actually prevent him from actually working on search, natural language processing and speech recognition many years from now. Who's going to actually keep track of all the compete/noncompete activities?

    1. Re:Noncompete by superspaz · · Score: 3, Informative

      It is a ONE YEAR NON-COMPETE! Also, the enjoinment is for the course of the trial.

      The point of it is to have a court order limiting what he can do during the suit so he can't keep "violating" the non-compete during the suit itself.

    2. Re:Noncompete by Keeper · · Score: 4, Informative

      This case isn't under California's jurisdiction. California law is irrelevent.

      The contract was entered in the state of Washington. The contract stipulates legal action be brought in the state of Washington. Lee was employed in Washington. Microsoft is based in Washington.

      Jurisdiction and venue for the case is Washington.

  9. Re:HR Manager by bladesjester · · Score: 4, Insightful

    If they're well-connected, HR managers can bring in an extreme amount of talent. It really comes down to who you know and how they think of you.

    If they know you and trust/like you, chances are you might be able to bring them aboard. Let's face it, it doesn't matter what company we're talking about - getting the right employees can make or break you.

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  10. A word to MS.... by Maxim+Kovalenko · · Score: 4, Insightful

    For the next year he will be the best compensated HR man around. After all MS, that is what the non-competion agreement you made him sign was for....After that, he can freely work to put MS into the ground. Which he will more than likely be very notivated to do after this debacle.

  11. Re:HR Manager by shark72 · · Score: 5, Informative

    "What is the strategic importance of an HR manager to a company like Google? I'm not dissing HR managers, I just don't really understand how they fit into the picture, and what one can do for a company."

    Two mistakes here:

    1. Not RTFA (I know, that's a given)
    2. The quote was out of context.

    Here's the entire quote from Tom Burt:

    "Dr. Lee is going to be the highest-paid HR manager ever. He can't tell them what to do, he can't direct them, he can't manage them."

    In other words, Dr. Lee isn't really being hired as an HR manager. Tom Burt was being ironic. He was making a funny. His was a wry comment on the ruling that Dr. Lee can't use his expertise when working at Google -- in other words, all he can do is hire them, but not talk to them. Tom Burt was using humor and analogies to point out that if Dr. Lee were to comply with the ruling (which, as somebody pointed out, is unenforcable) then he'd effectively be working as a mere HR manager. Amazingly, even Microsoft employees can sometimes engage in wit and humor.

    Again, Dr. Lee's title isn't HR Manager. It was a joke.

    --
    Sitting in my day care, the art is decopainted.
  12. Stupid Laws by nate+nice · · Score: 3, Insightful

    It should be found unconstitutional to deny someone to accept employment at any company because they worked for a competitor at one time, no matter how recent. This is called the FREE MARKET! You have to pay to play.

    Of course if someone is privy to confidential information at a job and then woks for a competitor they should not be allowed to discuss trade secrets etc, but the benefit of the doubt has to be given to them until it can be proved they spilled the beans! You have to prove people guilty in my country I thought.

    No company owns their employees. Make them an offer they can't refuse or eat it. These are the values we go to war and die for, after all.

    --
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  13. Ballmer drunk at Google HQ? "Lee I love you" by tenzig_112 · · Score: 4, Funny
    From Jilted Ballmer Threatens Google's Life, Earns Restraining Order

    Unfortunately, the heartsick CEO shows no sign of moving on or adhering to the strict restraining order issued earlier this week. According to eyewitnesses, Ballmer showed up at Google's headquarters on Monday afternoon with a bundle of wilted flowers in one hand and an open bottle of an unidentified intoxicant in the other.


    For the poor intern who discovered the Microsoft CEO peering through windows and shouting up at the third floor offices for Lee, it must have been both thrilling and stultifyingly creepy. Thankfully, security cameras captured the whole thing:



    Ballmer: I'm here to see Kai-Fu Lee.


    Intern: Mr. Lee left for the day, sir.


    Ballmer: Come on, I know he's here. Just let me talk to him. I just want to make things right.


    Intern: He's unavailable at the moment. I can take a message, though. What'd you want me to ask him?


    Ballmer: Ask him this: When did you stop loving me?


    Intern: Mr. Ballmer, you're drunk.


    Ballmer: OK, I'm not going home alone. [addressing the gathering crowd of Google employees] Who wants to work at Microsoft? I can double your salary.


    Intern: Um, can you pay me in Google stock?


    Ballmer: I'm leaving now. [passes out]



    Friends say Ballmer's position at the top of the world's largest and most established technology company has left him feeling isolated, defensive and perhaps more than a little jealous at being beaten again and again by younger, more agile rivals.


    "Microsoft is not a young company, and I recognize that," said Ballmer in a late night voice mail to Lee's new office. "I want you to know that Microsoft can still do those things you like, those special business maneuvers. Eric doesn't know you like I do. Sure, Google looks sexy with its flexibility and high profile innovations, but before long you'll get bored with that, too, and want to move to the next large-cap tech company, and then what will you be? A whore! Oh, God. I'm sorry. I didn't mean that- well, I did, but not that way. I love you. [click]"

  14. nitpicking by SuperBanana · · Score: 3, Interesting
    It contains info on many things that the general public don't, but Google fans do, care about.

    I worked for an advertising company for several months, to qualify my statements. The exact job of marketing firms and advertising companies is to make you care about whatever the company has to say. This is best done if you don't realize it's happening. Failing all that, cram it down your throat anyway (this is what the advertising people call "brand recognition"; it's a polite way of saying "every time you need soap, you've seen so many of our commercials, you pick up our bar.")

    They are obviously just a release of information intended as a starting point for the press

    These days, it's the point for the press.

    I stand by my original statement- the "google blog" looks exactly like a press release page on a website. It's a listing of stuff about the company, all of it PR. "Our baby was saved by google!" "Here are some features we're excited about!"

    Spend a few months working for an advertising firm. See every day emails floating into your inbox from executives bragging about successful "placement" campaigns with the press. See your company hawk the most incredible crap like it was the best thing since sliced bread. Feel your skin crawl- and realize that PR and marketing people are in the business of LYING . We'll see how skeptical you are of anything a corporation publishes...

  15. Re:HR Manager by craXORjack · · Score: 4, Funny

    Maybe the 'confidential Microsoft information' he took advantage of was how to steal employees from competitors!

    --
    Liberals call everyone Nazis yet they are the closest thing to it.
  16. bad joke by idlake · · Score: 4, Interesting

    A judge on Tuesday cleared the way for Google Inc. to hire a former Microsoft executive to head its Chinese research and development center so long as the employee does not recruit from Microsoft. [...] Lee can begin working for Google (Research) by setting up a research office in China and recruiting software engineers if he does not use confidential information gleaned while he worked at Microsoft, the judge found.

    I have worked at two places that got raided by Microsoft for employees. Just about every month, some other important employee disappeared to Microsoft, sometimes in groups of two or three, and then those people would call their buddies and the next month even more would disappear. It was horrible for morale and it was horrible for projects. And of course these people were working on the same things at Microsoft that they had been working on before.

    And historically, many of Microsoft's major products were created by hiring away key employees from competitors and then having them build exactly the same product for Microsoft that they had been building before.

    This lawsuit is a complete joke, coming from Microsoft. The judge should have told Microsoft to stuff it.

  17. Forgive me, but... by Emperor+Tiberius · · Score: 3, Insightful

    I know everyone isn't fond of the Evil Empire (myself included), but this guy did essentially "screw over" MS. Top it off with violating a no-compete and sharing confidential MS info with Google.

    If I was going to jump ship with my present company, I'd at least see if they could work something out with me.

  18. Re:good news for everyone by ScentCone · · Score: 3, Insightful

    people should able to work when and where they want, attempting to prevent us doing so, is slavery essentially

    Sure, you can work at anything you want (provided you're qualified, and someone wants you at a price you're willing to accept). But if you want a nice six-figure paycheck from Microsoft, and all of the usual benefits, then you'll have to consider agreeing to some specific terms of that employment. They are hardly making a slave out of you for holding you to what you agreed to do in exchange for that fat paycheck.

    but a blanket ban on being able to work for anyone else

    Well, since that wasn't even an issue, it's not clear why you're bringing it up.

    corperations don't own us, they OWE us

    Well sure - right up until payday. And then, with that cash in your bank account, they don't owe you until you do more work for them. On the other hand, if you're a customer of that corporation... they only owe you if you pay in advance for whatever it is that they do for you.

    The best way to avoid feeling "owned" by a company is to start one yourself. Or, be so valuable that you can either strike those non-compete terms from your contract, or get paid so much while you do work there that you don't really care if you have to take a year off of your career when you leave. But there is no "slavery essentially" involved, in that it's all about choice, for everybody involved.

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  19. Re:HR Manager by inode_buddha · · Score: 3, Funny

    Ah, but you forget that there is a Beowulf cluster of moderators. They're probably in Soviet Russia ogling Natalie Portman.

    --
    C|N>K
  20. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  21. Re:HR Manager by ramblin+billy · · Score: 3, Insightful


    It actually goes much deeper. China is a huge market about to explode into a growth surge beyond imagination. Opportunities exist within a narrow window for both MS and Google to establish partnerships and business relationships with the companies that will become the movers and shakers in China for the next century. It will be a challenge to any company to adapt their business methods to the local environment, deal with a government much different from their experience, and earn trust and market share from the Chinese people. China also represents a huge potential source of IT talent just waiting for a direction. Google and MS will be competing for the Gorden Bells, Dan Bricklins, Gates, Jobs, Allens and Wozs of China. Influencing the directions taken in the creation of the Chinese IT industry is the equivalent of influencing the next major stage in the evolution of a connected World - and arguably the next stage in human evolution. It's an opportunity to create a new paradigm from the ground up. And there will be money. Unholy low Earth orbit high shitpiles of money.

    Of course all this starts with the boots-on-the-ground presence. Google has chosen Kai-Fu Lee as their point man. He joins a growing group at the core of Google that includes some of the most influential and experienced people in the IT community. Coupled with Google's track record in product development and unique corporate culture, this collection of talent establishes Google as a driving force in the industry. It also validates Google's reputation for having its heart in the right place. Lee will bring Google and the Google vision to China. He will be one of the people shaping the relationship between China and the rest of the world. He could work anywhere. Microsoft wanted him so bad they sued to keep him. He chose Google. And he left MS, lawsuits and all. If he never speaks of his experience at MS again, he has already made a powerful statement. And if he can earn the trust of the Chinese people and government, Mr. Lee, and Google, will make many more.

    billy - most noncompete contracts in the mainstream business community are about the relationships with a company's clients...to prevent you from moving to another company and taking your customers with you