Microsoft Wins First Round In Court

[Evic]

Google has come out and announced that he will be working in speech recognition and the president of Google China.

Google has also announced they are working on "speech search," say what you want and Google will give it to you.

Microsoft has said Dr. Lee worked in speech recognition, the MSN search algorithm, and the framework for their China strategy.

Sounds like a direct violation of the non-compete to me.

As for the case going federal, I don't think it really hurts MSFT, but I don't see it doing any good. The only reason to go federal is to keep the case from going to California. Honestly, the chances of it going to Cali are very slim. Non-compete was written and I'm sure it states that all violations will be held in Washington State Court System or a higher authority (every contract ever has a clause like that), MSFT is based in Washington, GOOG has offices in Washington. Washington seems the obvious choice here.

Luckily enough for Dr. Lee, his contract with GOOG requires GOOG to pay and assist for his defense in this (thus the reason GOOG is filing evidence that would be Lee-only privy) and if the courts decide the non-compete stands, GOOG is obligated to pay him for one year.

Not a bad deal for Dr. Lee, and he could probably still make off with a bit of money in a slander case, based on the way MSFT has described him in this situation.

[jmiller]

In a recently translated letter from Dr. Kai-Fu Lee to family and friends, Lee confessed that his move from Microsoft to Google was a matter of following his heart, trading a company he saw as limiting to his contribution to the world for a company that embodies youth and freedom.

The letter, highlighted and translated from a Chinese website posting by Dan Farber of ZDNet, is an impassioned explanation of his flight from Microsoft.

"Microsoft is an outstanding company, and there are many things we can learn from it. But Google is a company that makes me feel a shock. The reason Google gives me a shock is the passion for creating a new generation of technology. I found treasures in Google everywhere. The technology and products are way beyond just the search," Lee wrote.

Farber has interpreted this to be a criticism of Microsoft’s strong foothold in the establishment, making the software giant older and slower in its approach to technology. Google is “unburdened by the past and hidden agendas,” according to Farber, which is why Google was so attractive.

Lee went so far as to provide a formula to support his choice.

youth + freedom + transparency + new model + the general public’s benefit + belief in trust = The Miracle of Google

Lee’s “Miracle of Google” led him to the center of a legal battle as his defection to the suddenly explosive search company, and his appointment to President of Google China, became a thorn in Microsoft’s side. Microsoft sued Google claiming Lee was in violation of a non-compete agreement he signed promising not to take on similar positions for direct competitors. Google fired back, claiming Lee’s work at Microsoft was in speech technology and not in search.

Recent recoveries from Dr. Lee’s Recycle Bin on his Microsoft computer have revealed that Google anticipated litigation from Microsoft but was prepared to place Lee on one year’s paid leave until the legal proceedings had ended.

From Dr. Lee’s position in his letter, his motives were beyond monetary, as he believed a move to Google would benefit his native soil, China, while allowing him to follow his heart.

"No matter how difficult, if you don’t follow your heart and insist on principles, how can suggest other people to do it. Therefore I made a very important choice. I have the right to make my choice. I choose Google, I choose China. I want to do influential things. In China, I can help the youth more and do more influential things. I want to make the best of my own efforts, and in Google I can learn the new creativity model and make myself better,” he wrote.

[ADAM Web Design]

I don't even see how the reasons he put down are relevant. The only thing it establishes is that he was going to jump ship and had justified it in his own mind.

In other words, this was a planned move right from the get-go. Whether he meant to or not (and I still think he did), he was going to stick it to MS.

[s_clay]

ADAM says "I don't even see how the reasons he put down are relevant. The only thing it establishes is that he was going to jump ship and had justified it in his own mind."

Sheesh Adam, you're sounding like a jilted lover or something.

I find Dr. Lee's comments very relevant and heartfelt. Of course his move to Google was planned. Once he made his decision to move, there were a couple of ways to do it. Give MS notice and lay low for a year, or be upfront about his plans and let the lawyers haggle.

Assuming that he has not divulged any confidential MS info to Google, his actions were legally and morally correct, imho.

He did what he felt he had to do, and the lawyers will do what lawyers have to do. In the end, what action will have more value? I'll put my money on Dr. Lee's work.

[ADAM Web Design]

Ummm...if I were sounding like a jilted lover, I would have commented on the comments individually, rather than as a collective.

[greeneagle]

Only a year paid leave?

The Oil Industry usually does better, with two.
At least that's what my ex-VP friends rcvd on the way out!

Ken