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Microsoft, Google Trade Salvos in Legal Battle (CEO Sreve Ballmer vowed to "kill" Google)
Hindustan Times ^ | September 3, 2005

Posted on 09/02/2005 10:47:44 PM PDT by nickcarraway

Microsoft Corp CEO Steve Ballmer vowed to "kill" Internet search leader Google Inc in an obscenity-laced tirade, and Google chased a prized Microsoft executive "like wolves," according to documents filed in an increasingly bitter legal battle between the rivals.

The allegations, filed on Friday in a Washington state court, represent the latest salvos in a showdown triggered by Google's July hiring of former Microsoft executive Kai Fu-Lee to oversee a research and development center that Google plans to open in China. Lee started at Google the day after he resigned from Microsoft. The tug-of-war over Lee -- known for his work on computer recognition of language -- has exposed the behind-the-scenes animosity that has been brewing between two of high-tech's best-known companies.

Ballmer's threat last November was recounted in a sworn declaration by a former Microsoft engineer, Mark Lucovsky, who said he met with Microsoft's chief executive 10 months ago to discuss his decision to leave the company after six years.

After learning Lucovsky was leaving to take a job at Google, Ballmer picked up his chair and hurled it across his office, according to the declaration.

Ballmer then pejoratively berated Google CEO Eric Schmidt, Lucovsky recalled.

"I'm going to f------ bury that guy, I have done it before, and I will do it again," the declaration quotes Ballmer. "I'm going to f------ kill Google."

Before joining Google, Schmidt was a top executive at Sun Microsystems Inc and Novell Inc., a pair of tech companies that Microsoft has previously battled.

In a statement on Friday, Ballmer described Lucovsky's recollection as a "gross exaggeration. Mark's decision to leave was disappointing and I urged him strongly to change his mind. But his characterization of that meeting is not accurate." Microsoft is suing to prevent Lee from leading Google's China expansion, maintaining those duties would violate the terms of a noncompete agreement that he signed as part of his employment contract.

Google has depicted Microsoft's lawsuit as a form of intimidation designed to thwart a fast-growing rival that has emerged as a formidable threat to the software maker.

The Lucovsky declaration is just one piece of evidence that Google has filed in an attempt to prove that Microsoft is on a vendetta.

Microsoft won the first round in the case in late July when King County Superior Court Judge Steven Gonzalez issued an order temporarily barring Lee from performing the duties that Google hired him to do. The two rivals are scheduled to face off in court Tuesday when Microsoft will ask Gonzalez to extend the order against Lee and Google until the case goes to trial in January.

As it tries to make its case, Microsoft is trying to demonstrate that Google wanted Lee largely because he knows intimate details about Microsoft's strategy for expanding in China and for the booming search engine market.

In its brief Friday, Microsoft alleged that Lee sent confidential documents about the company's China strategy to Google a month before he was hired, although Google insists all the material that Lee relayed to Google had been made public previously. Microsoft also released an e-mail from Jonathan Rosenberg, Google's director of business development, in an attempt to prove the company wants Lee for other projects besides the new China center.

"I all but insist that we pull out all the stops and pursue him like wolves," Rosenberg wrote of Lee. "He is an all-star and will contribute in ways that go substantially beyond China." Before resigning from Microsoft, Lee began to help Google plot its China strategy with a series of suggestions, including recommending possible sites for the new office, according to Microsoft's brief.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Foreign Affairs; Miscellaneous; News/Current Events; US: California; US: Washington
KEYWORDS: business; computerwars; google; headcase; lawsuit; microsoft; nutjob; steveballmer

1 posted on 09/02/2005 10:47:45 PM PDT by nickcarraway
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To: nickcarraway

F'n crybaby


2 posted on 09/02/2005 11:06:48 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: nickcarraway
In a statement on Friday, Ballmer described Lucovsky's recollection as a "gross exaggeration.

After witnessing a number of Ballmer's bizarre antics (not the least of which was his acting like a reject from "Planet of the Apes" at a company meeting), I can totally believe he completely lost it and did throw a chair when he didn't get his way. The guy is a frickin' head case.

3 posted on 09/02/2005 11:08:21 PM PDT by Prime Choice (E=mc^3. Don't drink and derive.)
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To: nickcarraway
I suspect MS bit off more than they can chew when they tried to bite Google. Google is light years ahead of Microsoft in every area of technology they have entered. The Microsoft search engine is a pathetic and biased example of a cheap knock off. But it has no revenue stream like Google does.

Balmer going nuts in public will just make any Judge hearing future anti trust cases against MS go ballistic, in light of the requirements and promises that MS made to get their butt out of the sling last time.

As for this guy Lee, if he signed a non-compete clause he was a fool. These things have been upheld in the past, but they have also been vacated in the past.

4 posted on 09/02/2005 11:13:03 PM PDT by konaice
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To: Prime Choice
I can totally believe he completely lost it and did throw a chair when he didn't get his way.

For all their muscle in the Internet/Software world, this is one thing that Microsoft cannot dominate no matter how hard they try or money they throw into it.

They may find the same lack of success in their future iPod knockoff attempts.

It's gota be pi$$ing them off.

5 posted on 09/02/2005 11:55:40 PM PDT by softwarecreator (Facts are to liberals as holy water is to vampires.)
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To: nickcarraway

Much as I despised the way the impotus XXXlintoon's administration acted towards MS, it's almost looking like they might have had a reason to "trim their wings" a bit.

Then again, a stopped clock is right twice a day, too...


6 posted on 09/03/2005 12:29:45 AM PDT by Don W (You're entitled to your own stupid opinion, no matter how wrong you are. :)
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To: softwarecreator

Microsofts attempt to beat Google died when they couldn't buy.

There's not much innovation possible from MS, they can only buy it.


7 posted on 09/03/2005 12:43:36 AM PDT by D-fendr
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To: D-fendr
Microsofts attempt to beat Google died when they couldn't buy.

There's not much innovation possible from MS, they can only buy it.

Good point.  If they can't beat them, buy them.  There really isn't anything wrong with that, in a capitalistic society, but for MS it really limits their ability to enter certain markets at the level of competitiveness they are used to.

Sorry MS, this is one battle where you are not going to win ... or purchase.

8 posted on 09/03/2005 9:15:42 AM PDT by softwarecreator (Facts are to liberals as holy water is to vampires.)
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To: softwarecreator

Linus Torvalds said that Bill Gates couldn't teach him anything about technology, neither could he teach Bill Gates anything about business.


9 posted on 09/03/2005 9:17:55 AM PDT by drlevy88
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