Judge Clears the Way for Google's Microsoft Hire 152
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."
Google Blog Link (Score:5, Informative)
Re:corporate web log = press releases... (Score:1, Insightful)
Actually, they're not functionally equivalent. A press release necessarily contains information to help the press cover a company's announcement, such as the contact information for the company media contact, times, dates, brief company overview, pictures, etc.
You can see Google'
nitpicking (Score:4, Interesting)
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...
Re:nitpicking (Score:2)
Example: http://googleblog.blogspot.com/2005/08/powered-by- google.html [blogspot.com]
It's a story about the company participating in a relay race.
But, on all the other points, I whole heartedly agree with you. With Google, however, I am a fan, and enjoy reading all news coming out of them. Doesn't matter what spin
You mean toxic sludge isn't good for you? (Score:2)
gb2/kuro5/kthxbubye. (Score:2)
No asshole- I said "when will you all learn crap on a stick is still crap on a stick even if you call it aromatic material on a thin rod."
IN OTHER FUCKING WORDS, SOMETHING DOESN'T CHANGE JUST BECAUSE YOU PUT NICE SPIN ON IT. A CORPORATE BLOG IS STILL A PRESS RELEASE PAGE.
There is an inferrence there, but it's a weak inferrence- not a statement. Jesus christ, you're a nitpicking litt
Meanwhile... (Score:5, Funny)
Damn that game! (Score:2)
Re:Damn that game! (Score:2)
I hit him on my second try.
I then tried for 30 minutes without a hit. >:(
Re:Damn that game! (Score:2)
Re:Damn that game! (Score:2)
I reiterate: Die, chair game!
Re:Damn that game! (Score:2)
And no, I'm not a total joey, I was aiming at the follically-challenged furniture flinger, thanks.
Re:Damn that game! (Score:1)
Re:Damn that game! (Score:2)
Breaking the game (Score:2)
Re:Meanwhile... (Score:2)
Re:omfg (Score:2)
There's something gross about it alright.
Poor Balmy Ballmer, always the victim. I mean, he's just trying to further a monopoly. It's not like he actually kills people or eats their brains or anything. He throws the odd chair around and threatens to kill a rival. You'd think he was an out-of-control infantile maniac the way people talk about him.
thought so. (Score:5, 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 [slashdot.org] and my views about this issue. Most notable I feel vindicated in this portion of the exchange:
My response (emphasis mine):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.
Microsoft wasn't completely unjustified. (Score:5, Interesting)
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-
Yes, but... (Score:1)
Re:Microsoft wasn't completely unjustified. (Score:5, Insightful)
Re:Microsoft wasn't completely unjustified. (Score:1)
Ok maybe that's not true.... I agree with the parent post....
Re:Microsoft wasn't completely unjustified. (Score:2)
Why wouldn't the judge seal the relevant parts of the transcript? From what I understand, they do that all the time.
Re:Microsoft wasn't completely unjustified. (Score:2)
Comment removed (Score:4, Funny)
Re:thought so. (Score:2, Funny)
Anyone else find this just a little ironic?
Re: (Score:3, Interesting)
Re:thought so. (Score:1)
Re: (Score:2)
Re:thought so. (Score:2)
This sort of rationale would be a fast-track to conviction in my ethical court. When you join an organization, you thereby agree to contribute to, not make, its decisions... and to abide by them.
HR Manager (Score:2, Interesting)
Re:HR Manager (Score:3, Funny)
Re:HR Manager (Score:3, Funny)
Re:HR Manager (Score:5, Insightful)
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.
Re:HR Manager (Score:1)
" If they're well-connected, HR managers can bring in an extreme amount of talent."
Correct but irrelevant. The submitter deliberately quoted Tom Burt out of context and thus the summary is hugely misleading. RTFA for the rest of the quote, and for the background on why Mr. Burt ironically referred to Mr. Lee as a "HR manager."
Re:HR Manager (Score:2)
Re:HR Manager (Score:1)
Re:HR Manager (Score:2)
"The article had nothing to do with my comment."
Precisely. That is exactly why I described your answer as "correct but irrelevant." That is... your answer was correct in the context in which it was asked, but it is not germaine to the subject at hand.
Re:HR Manager (Score:1)
Re:HR Manager (Score:3, Interesting)
If the company has a good HR manager, then any prospective employees will know that the company is on the level, and will be more willing to accept a job offer.
Re:HR Manager (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:
Here's the entire quote from Tom Burt:
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.
Stunning (Score:2)
Yeah, but a bad one (Score:2)
Haha, you won, but we burned up the prize before you could see it.
I think this is a marvelous strategy by Google, btw. Simply hire MS employees, not to work for Google, but simply not to work at MS anymore. It takes all the wind out of the sails of any lawsuits, and certainly Google can afford it. MS, to keep employees will have to raise their pay significantly. I
Re:HR Manager (Score:5, Funny)
Re:HR Manager (Score:4, 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
For how long? (Score:3, Interesting)
Wasn't the noncompetive clause only good for a year?
Re:For how long? (Score:1)
His first order of business: (Score:2, Funny)
No - that's second (Score:2)
Funny (Score:5, Funny)
Re:Funny (Score:5, Funny)
ahhh, grasshoppah, you have yet to face my Flying Chairs stance!
editing? (Score:4, Funny)
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....
Noncompete (Score:4, Insightful)
Re:Noncompete (Score:3, Informative)
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.
Re:Noncompete (Score:2)
Which is the kind of behaviour you'd reasonably expect from pretty much anyone, too, I'd say.
Re:Noncompete (Score:2, Informative)
While the article is not very specific, usually this this sort of injunction only applies until the main issue is resolved at trial, not indefinately. Note that Google had already agreed to this prior to MS pushing for an injunction.
Even if enforced
Re:Noncompete (Score:2)
Conslusions of Law, page 10, paragraph 5:
"Defendants' Stipulation is not a substitute for Plaintiff's request for injunctive relief, especially where, as here, the Stipulation was offered after the suit began and the Court issued the TRO. State v. Ralph Williams' North West Chrysler Plymouth, Inc., 82 Wn.2d 265, 272 (19733)"
http://www.metrokc.gov/kcsc/docs/Microsoftprelim.p df [metrokc.gov]
Re:Noncompete (Score:3, Interesting)
Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.
The exceptions it discusses generally apply to business owners. In plain terms, the California courts have found that as long as trade secrets are not misappropriated, an employee can almost never be blocked from working for a competitor in the same field.
When I
Re:Noncompete (Score:5, Informative)
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.
Re:Noncompete (Score:2)
What Lee may have done while within Washington is a matter of concern, and if Bad Things happened within Washington, then penalties should apply under Washington law. However, once he's in California, he's under California law, and not Washington law, so anything subsequent to the California move has nothing to do with Washington law.
Re:Noncompete (Score:2)
Re:Noncompete (Score:2)
Re:Noncompete (Score:2)
A word to MS.... (Score:4, Insightful)
Re:A word to MS.... (Score:1)
Re:A word to MS.... (Score:3, Insightful)
First time I was rejected and accepted.... (Score:1, Offtopic)
There goes another poor chair... (Score:1, Redundant)
The matrix (Score:2, Funny)
Schmidt: [eyeing him, hand on chin] Show me
Kai Foo Bar (Score:1, Informative)
If our VP of XYZ left our company to go work for our competition, *and* we found out he was sharing secret documents with them before he left, *and* was giving them strategic advice based - well, if
"Expensive" is more like it (Score:3, Insightful)
Dr. Lee is going to be the highest-paid HR manager ever
Most expensive, is more accurate. MS's counsel's point (which previous posters seem to have missed) is that the guy is going to be next to worthless to Google by the time Microsoft is done. Still paid his salary, but unable to do anything he was hired to do (or is able to do.)
insightful? (Score:2, Interesting)
As it stands, Kung Fu gets to open a shop in China, and every comp sci in China will be sending him their resume.
He's not allowed to use his skills learned at MSFT. The man has a long career from Apple and other places before he worked at MSFT. The burden is on MSFT to show he is violating his contract.
And it's only until the trial is over.
And MSFT is no angel. Anyone remember the Dead Borland Society?
Silicon Graphics (Score:2, Interesting)
Re:Silicon Graphics (Score:1)
So the guy who doesn't know how to golf is still going to be amused all day by a golf ball? I'm not even sure that would work on a Labrador.
Stupid Laws (Score:4, Insightful)
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.
Re:Stupid Laws (Score:3, Insightful)
If assholes like this didn't, in essence, do corporate espionage, no company would bother asking for you to sign a no-compete clause. Idiots doing things like this is exactly why everyone else has to sign those things. If anything, you should be more pissed at this guy for doing exactly the wrong thing that leads to the contracts w
Re:Stupid Laws (Score:2)
Now that Google knows this guy is willing to mislead his former employer and take advantage of their confidential information, they should also realize he doesn't have any ethics and might turn around and do the same thing to them when he moves on to a next employer. If I were Google I wouldn't touch him with a 10-foot pole anymore. If they continue working with him, I don't know if they can continue with the 'do no evil' ethics bit.
Really? (Score:3, Insightful)
Re:Stupid Laws (Score:1)
Follow the same logic. And an anti-compete law is equivalent to a law that pervents you from bying a car that can go more than 70 mph, because you might speed. Or a law that pervents you from buying a gun because you might kill someone with it.
There's trade secret laws. One law is enough. The extra layer is redundant, and reduces our civil liberties.
I don't like a company to own parts of my brain. Some amount of protection is required, but it should be kept to the absolute bearable minimum.
Re:Stupid Laws (Score:2)
Yes, and in that free market, the employee exercised his freedom to contract by agreeing that he would be employed with Microsoft pursuant to a non-compete agreement. In return for signing such agreement, he arguably received more compensation. He had the freedom to not sign the agreement, but he would probably either not have been hired or have been paid significantly less.
Re:Stupid Laws (Score:2)
This is the point that people are missing. Employment contracts by their very nature are biased in favor of the employer.
Think about it. If you work in an "at will" employment state, as so many of us do, any "employment contract" isn't worth the paper it's printed on. There's nothing keeping your employer from escorting you from the building at any given ti
Re: (Score:2)
Re:Stupid Laws (Score:2)
You can be let go at any time even with a contract.
In theory, yes. However, most employment contracts do include the non-compete language that is the focus of this particular story. They can't keep you from quitting, but they can keep you from earning a living.
I
Re: (Score:2)
Re:Stupid Laws (Score:2)
That is exactly what happened. They made him an offer for a job that he didn't refuse. Part of that offer was the non-compete clause. He knew what he was getting into and agreed to it. I have no problem with reasonable non-competes (and from what I have read, this was reasonable). If the company hires you and invests a boatload of money into you, I don't think it is
Ballmer drunk at Google HQ? "Lee I love you" (Score:5, Funny)
Don't be evil (Score:2, Insightful)
Actually, if you think about it. That's when its the truest test of how evil or not you are. And I'd say they failed.
What if, oh say, Jesus was only nice to people who where nice to him? He wouldn't be very admire in that case.
Re:Don't be evil (Score:2, Insightful)
Some would consider fighting evil a virtuous act.
Re:Don't be evil (Score:2)
What if He were to crush the head [gospelcom.net] of the great evil one? Can we still admire Him then?
bad joke (Score:5, Interesting)
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.
Re:bad joke (Score:3, Interesting)
It's fucking hilarious. You watch as an employee (who's leaving for one of those two mentioned above) goes out to lunch with a group of his fellow workers. They come back, and file their two weeks. It's one of those recursive things, where each leaving employee convinces 10 of his fellow mates to leave with him.
Pretty soon, my old company is going to hav
Re:bad joke (Score:2)
Altogether, this lawsuit makes Microsoft a significantly less attractive place to work for skill
Forgive me, but... (Score:4, Insightful)
If I was going to jump ship with my present company, I'd at least see if they could work something out with me.
I predict: (Score:3, Funny)
good news for everyone (Score:2, Insightful)
Re:good news for everyone (Score:4, Insightful)
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.
Re:good news for everyone (Score:2)
Excellent way to help me see that the essence of your argument is about to be rational and persuasive! But, do carry on...
Corporations are a creation of the government.
Well, then so are marriages, families, estates, partnerships, townships, and so on. We invest such entities with certain legal rights (and obligations) so that people can function in productive groups with a membership larger that one, and have some expectation of how things can and will be done when it comes to
Re:good news for everyone (Score:2)
The person involved is not making money in his chosen profession, is not paying taxes, and is therefore not a productive member of society.
There's a reason why non-compete clauses are often struck down. They're generally illegal the way they're worded anyway, and it has nothing to do with "government interference." You can't contract your basic human rights away.
Therefore you &= stupid.
Re:good news for everyone (Score:2)
Right. Otherwise most people wouldn't bother. The alternative would be another form of business entity that would pass along to its customers the enormous burden of wider-ranging insurance (or, go out of business, much the way that OBGYNs are having to now, for pretty much the same reasons).
They were invented to further colonialism since the risks involved were too great for investors to take the risk on.
Right - because back then, t
Let's ask ourselves a simple question... (Score:2, Insightful)