August 29, 2005 4:35 PM PDT
Google asks court to void Lee's Microsoft pact
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The two rivals are locked in a legal dispute over the hiring of Lee. Google announced on July 19 that it was hiring Lee to head up a new China research center. The same day, Microsoft
Google has now asked that federal court judge to--as a matter of law--rule on Google's behalf without a trial. In court papers filed Friday, Google argued that "this motion for summary judgment is made on the grounds that there is no genuine issue as to any material fact" and that the noncompete clause of Microsoft's employment contract violates California law.
In support of its case, Google argues that Lee is now a California resident, living in Palo Alto. Google said that Lee has obtained phone service in the state, registered to vote and obtained a driver's license. Lee has also "begun paying California state income taxes, including tax on a signing bonus from Google," the search giant said in court papers.
In documents accompanying Google's request, Lee said that although he planned to go to China for Google, he expected to return to California after approximately two years overseas.
Microsoft spokeswoman Stacy Drake reiterated that Microsoft believes that Washington state court is the proper place for the legal battle to take place.
"Dr. Lee and Google have a legal obligation to honor the agreement Dr. Lee made with Microsoft, and we don't believe that this latest filing will persuade anyone otherwise," Drake said in an e-mail.
A Google representative did not immediately return a call for comment. (Google representatives have instituted a policy of not talking with CNET News.com reporters until July 2006 in response to privacy issues raised by
In July, a Washington judge
The two sides have each outlined a very
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they fight on emailing
they fight on instant-messaging
they even fight on the court!
their battlefield just can be anywhere!!!
http://aaron365.blogspot.com
they fight on emailing
they fight on instant-messaging
they even fight on the court!
their battlefield just can be anywhere!!!
http://aaron365.blogspot.com
part about how extensive Lee's contract is regarding the area
(geographically) that it covers. He was hired in WA, to work in
China, and is being lured away to work in CA, regarding China.
To prevent a man from working in a country with over 1.5 Billion
people beause the scope of his non-compete is China, is beyond
precedent. In desperation, MSFT wants to tie up Google with
some legal wrangling. This is what Gates has learned the hard
way....legal hassles will distract company focus, and chip away at
goodwill. The fact that there is a lawsuit is more about Gates
poker or "war" strategy to tie up google on the ropes for a bit, in
hopes they might stop Out-Innovating Microsoft, which is not
hard to do, even with one hand tied behind your back.
Bill Gates has experience in raiding other companies employees,
witness the Procter & Gamble-ization of all Microsoft
products.....bright colorful packaging, "New & Improved"
promises, bundled offerings, add-ons, upgrades; its apparent
where he gets his marketing ideas from.
Then look at where DOS came from, QDOS which Gates didn't
own at the time he offered it to IBM, thanks to his Momma's
connections via her sharing United Way board seats with IBM C-
Level members in talks for a PC OS. Then take a gander at the
story behind NT, at
http://www.windowsitpro.com/Article/ArticleID/
4494/4494.html
documenting NT as a hack from Digital that Gates also stole,
and reworked, bugs and all, into a product for the unknowing
corporate masses of guinea pig testers: MIS, CIO, and IT staff. I
hope Google stomps on Bill's toes in Court, and that Mr. Lee is
actually worth the trouble.
part about how extensive Lee's contract is regarding the area
(geographically) that it covers. He was hired in WA, to work in
China, and is being lured away to work in CA, regarding China.
To prevent a man from working in a country with over 1.5 Billion
people beause the scope of his non-compete is China, is beyond
precedent. In desperation, MSFT wants to tie up Google with
some legal wrangling. This is what Gates has learned the hard
way....legal hassles will distract company focus, and chip away at
goodwill. The fact that there is a lawsuit is more about Gates
poker or "war" strategy to tie up google on the ropes for a bit, in
hopes they might stop Out-Innovating Microsoft, which is not
hard to do, even with one hand tied behind your back.
Bill Gates has experience in raiding other companies employees,
witness the Procter & Gamble-ization of all Microsoft
products.....bright colorful packaging, "New & Improved"
promises, bundled offerings, add-ons, upgrades; its apparent
where he gets his marketing ideas from.
Then look at where DOS came from, QDOS which Gates didn't
own at the time he offered it to IBM, thanks to his Momma's
connections via her sharing United Way board seats with IBM C-
Level members in talks for a PC OS. Then take a gander at the
story behind NT, at
http://www.windowsitpro.com/Article/ArticleID/
4494/4494.html
documenting NT as a hack from Digital that Gates also stole,
and reworked, bugs and all, into a product for the unknowing
corporate masses of guinea pig testers: MIS, CIO, and IT staff. I
hope Google stomps on Bill's toes in Court, and that Mr. Lee is
actually worth the trouble.