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Google's Rebuttal….

By - September 06, 2005

GoogrespWell, it didn’t take long for Google to file a rebuttal to the injunction covered in my last post on this matter. The first quote (that was not redacted – both documents have been redacted by either Google or Microsoft to protect what the companies believe is confidential information, Microsoft has redacted far more than Google so far) Google uses to make a point at the top of the document is familiar:

“I’m going to F….g kill Google.” Steve Ballmer.

To clarify, today both sides are arguing on the preliminary injunction, which MSFT would like enforced so Dr. Lee cannot work at Google pending a full trial. Much of it points out that much of the allegedly confidential information Microsoft claims is at risk is in fact public. The response to the request for injunction opens by stating:

“Dr. Lee will not work or consult in any of the technical areas identified in Microsoft’s proposed preliminary injunction…”

It then goes on for another 20 or so pages, highlights:

…Microsoft brought this preliminary injunction not out of concern for any confidential information, which Google and Lee have stipulated to protect, but out of a desire to delay Google’s entry into China, and make an example of Dr. Lee for other Microsoft employees….

….the unique skills and qualities that make Dr. Lee and ideal recruiter for Google are personal to him-Microsoft does not own them and cannot prevent Dr. Lee from using them on behalf of Google….

…Microsoft’s refusal to allow Dr. Lee to recruit (for Google) is based on a fear of competition….by its own admission, Microsoft is behind in the development of internet search technologies…

…Dr. Lee did not recruit anyone for Google before starting his employment….

The document then goes into case-based legal arguments, which I am sure will be at the heart of this case, but I’ll let the courts sort that out, and report on the news as it comes out….

Update: Here is Cnet’s coverage of the first day, the hearing continues today.

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  • JB

    where can one see the entire legal document?

  • DavidR

    Yes, where can we get all these legal documents? They must be full of interesting info…

    PS: There is no copyright on legal filings so you can freely post them.