Archive for July 20th, 2005

Kai-Fu Lee does Microsoft and Google

CNET News.com reports that Kai-Fu Lee has left Microsoft to work for Google. Microsoft is suing Google because they say that Kai-Fu is in direct competition with Microsoft and is therefore violating an agreement he made with Microsoft.

Lee was working in Redmond, Washington. He will now be working in China for Google. Maybe the guy wanted to be closer to his family, and Microsoft wouldn’t allow that, huh? That’s dirty. “You can work for us, and we will pay you well, but you may not be with your family.”

On the other hand, that may not be the case. Lee has every right to move to working for Google. As a former employee of Microsoft, Lee is used to a certain standard of pay. In order to maintain his lifestyle, and possibly support family members he may have been supporting, Lee needs to maintain that standard of pay. This is his right. Working for most companies probably doesn’t pay as well as working for software giant Microsoft. Lee had NO CHOICE but to move to Google to maintain that standard of pay, as Microsoft competitors are the only ones who can pay whatever his wages were.

I think Lee is fully justified in moving to Google. If Google wants to hire him, let them hire him! It’s a free country.

Lee SHOULD be made to either settle outside of court, or be ordered by the court, to sign another agreement — he should be made to agree that in his new position he will not give away Microsoft secrets. In return, any coincidental infringement into future territories of Microsoft by Google should taken with a grain of salt. Major infringement by Google should be taken to court, should it happen, and Microsoft should have to explain their business plans in private court sessions and explain how Google is encroaching on its territory. Let the courts decide. He should be allowed to work on the same technology that he was working on for Microsoft, though. Let me explain.

Software patents cover methodologies, not end results. Lee should be able to work on the same(or similar) technology, but have to use a slightly altered methodology to achieve the same result, so that he is not seen as infringing on Microsoft’s secrets. I understand that business logic should be kept secret, and I agree with that 100%. However, I also believe in a free market where similar products are allowed to be offered by different companies. I believe that Microsoft is trying to restrict this practice.

In complete honesty, I have nothing against Microsoft. I enjoy using their products, and think that they provide a wonderful base for the computing community. I wouldn’t know what I know today without Microsoft. I am simply expressing my opinions on their business practices.

Deputy General Counsel Tom Burt says, “There was no effort by Dr. Lee or Google to try and work out any kind of agreement. The combination of those factors meant that we really had no choice but to file this suit to protect our confidential information.” CNET News says

“In the suit, Microsoft seeks monetary damages as well as an injunction upholding the noncompete clause and other provisions of Lee’s contract, including terms barring him from sharing Microsoft trade secrets.”

I believe the suit should be for an agreement between the two parties about terms of Lee’s employment, not for monetary damages. Microsoft has the right idea — but they’re taking it too far. We all know how good you are, Microsoft (and that is NOT sarcasm in any form), but please — quit trying to flex your muscles and play “big daddy” — be understanding and fair to your former employees and accept change with good grace.