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September 2, 2005 1:07 PM PDT
Court docs: Ballmer vowed to 'kill' Google
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The allegation, filed in Washington state court, is the latest salvo in an increasingly nasty court fight triggered when Microsoft executive Kai-Fu Lee jumped to Google in July in what Microsoft claims is a violation of a one-year, non-compete agreement.
In a sworn statement made public Friday, Mark Lucovsky, another Microsoft senior engineer who left for Google in November 2004, recounted Ballmer's angry reaction when Lucovsky told Ballmer he was going to work for the search engine company.
"At some point in the conversation, Mr. Ballmer said: 'Just tell me it's not Google,'" Lucovosky said in his statement. Lucovosky replied that he was joining Google.
"At that point, Mr. Ballmer picked up a chair and threw it across the room hitting a table in his office," Lucovosky recounted, adding that Ballmer then launched into a tirade about Google CEO Eric Schmidt. "I'm going to f***ing bury that guy, I have done it before, and I will do it again. I'm going to f***ing kill Google." Schmidt previously worked for Sun Microsystems and was the CEO of Novell.
Late Friday, Ballmer issued a statement disputing Lucovsky's declaration. "Mark Lucovsky's account of our conversation last November is a gross exaggeration of what actually took place," Ballmer said. "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."
The Lukovsky declaration is the latest salvo in the heated battle between Google and Microsoft over Google's hiring of Lee. Google has said Microsoft is attempting to scare its employees away from Google.
In the filing made public Friday, Google also said in the filing that if Lee is allowed to join the company before a trial he will not "work or consult in any of the technical areas identified in Microsoft's proposed preliminary injunction. Rather, pending tiral, he will open a product development center in China, and staff it with non-Microsoft personnel."
Meanwhile, in separate court documents also made public Friday, Microsoft said e-mails that Kai-Fu Lee sent to Google executives bolster its case that the researcher is seeking to violate his employment contract by taking up a position as head of the search giant's China efforts.
According to the filing, Lee sent a May 7 e-mail to Google's founder and chief executive saying that he had heard Google was opening a China office and expressing interest in discussing the matter. In the e-mail, Lee described himself as "Corporate VP at Microsoft working on areas very related to Google," Microsoft reveals in the court documents.
Microsoft also notes that, in the same e-mail, Lee linked to his corporate biography, which Google has cited as evidence that Lee's work was not directly related to the work he would do at Google.
In addition, the filing for the first time notes the size of Lee's pay package from Google. Microsoft says the search company agreed to compensation "worth in excess of $10 million, including a $2.5 million cash 'signing bonus' and another $1.5 million cash payment after one year, a package referred to internally at Google as 'unprecedented.'"
The document is part of Microsoft's argument as to why a judge should issue a preliminary injunction preventing Lee from taking a position at Google that would compete with his work at Microsoft until a trial can be held in the case. A hearing on the injunction request is planned for Tuesday in King County Superior Court in Seattle. The judge hearing the case has already granted Microsoft's request for a temporary restraining order preventing Lee from doing such work for Google until Tuesday's hearing.
Plans by Google to hire Lee sparked an immediate legal battle between the two companies, which have increasingly emerged as one another's top competitors. The search company announced on July 19 that it was hiring Lee to head a new China research center, with Microsoft immediately suing to block the move.
Google filed a countersuit in California court to invalidate the pact with Microsoft. That case has been moved to federal court in San Jose.
Microsoft's request for the injunction was filed some time ago, but only made public on Friday after both sides had an opportunity to redact confidential information.
A representative for Microsoft did not comment beyond the filing. A Google representative was not immediately available 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 a previous story.)
In the latest documents, Microsoft also charges that Lee began advising Google on China recruiting and China strategy while he was still working on those issues for Microsoft.
"In early June 2005, Dr. Lee engaged in active e-mail correspondence with Google employees...regarding specific candidates that Google was considering--or candidates Dr. Lee wanted them to consider--for Google's China R&D facility," Microsoft said in the filing. "Dr. Lee gave detailed feedback and Google acted on his recommendations."
The filing cites examples of Lee's work on Microsoft's China strategy, including a white paper titled "Making it in China: strategic recommendations for Microsoft." The software maker said it was "surprised and disappointed" to learn that Lee had forwarded an edited version of that paper to Google on June 7, while he was still a Microsoft employee. The version he sent, the Windows maker said, removed the "Microsoft Confidential" notation as well as credit to other Microsoft contributors and the chapter entitled "recommendations for Microsoft."
Microsoft also said in the filing that Lee also "advised Google on the possibility of recruiting candidates in China from Microsoft" noting that Intel and Microsoft were the best opportunity to get technological leads for projects, but that recruiting from both would be difficult. Microsoft also cites an e-mail response Lee got from Google Vice President Omid Kordestani, in which the Google executive writes that "it was nice talking to you and learning about your insights into a successful approach to Google's operations in China."
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Lastly Google was clearly wrong in hiring Mr. Lee, and who gives a f**k if Steve Ballmer did say he's going to burry Google, throw some chairs and get a little rowdy, it's not like he's bluffing :).
If they don't compete, why would Ballmer or anyone at MS care? But they do care and that is why this is news and is important.
Their Operating System is no longer the majority of their income, hasn't been for a long time. They have to keep customers at their door to grow, Microsoft will not be content staying #1, they've gotta get bigger!
allowed to do as they wish, nor are they free to do, create,
innovate or be on another team, but MSFT. No Competition, that
is microsoft's only goal, whether it be windows, search, CRM,
VOIP, maps, chat, servers, DVR, online services, handhelds,
spyware, disk compression, mice, wireless gear, keyboards, web
or DB software, you name it, THEY want to take control of it. The
fact that no product, person, company, or country is SAFE from
them, is proof that their tyrannical desire to reign over all others
is the "last straw". If "Baldy" said words like that, they are
certainly admissable evidence, considering the track record this
company has in rolling over what/who they want. To make a
threat such as Ballmers did would be small news by anyone
other than from top level Managers at a company that the world
knows is hell bent on domination. There comes a point when the
predator runs out of things to consume, this should not be
allowed to be the course our technology environment takes. If a
company makes toilet paper (or windows) and the paper has
holes in it, getting sh*t, on everyone when they use it, do you
think we should let that same "paper" company enter the market
to make dollar bills, when they have shown they cannot reliably
make toilet paper? No, the company should first be shown to be
competent in buttwipers, before they are allowed to "clean up"
the economy in some parallel, or wholly different product or
market. This is a company that is wildy "out of tune" with reality,
there is no law but theirs, and after you have all the money,
whats left but to try to take ALL the power. Right now they are
sweating it, because they are being cornered on all sides by
better products, better publicity, easier and safer software, and
people who are willing to leave "them" now that they realize
"who" this company is made up of. Witness the mass exodus of
high level "softies" that cashed out of MSFT in the last 3-4 years.
Sure many took golden parachutes, stock windfalls, and some
ideas with them, but you can be sure that they were "tired" of
the tyranny, and constant aggressive, underhanded moves MSFT
has resorted to, ever since they were pegged a monopoly. Those
who left do not want to be ASSociated with an entity that has no
morals, no creativity, and such a broad based focus, that proves
they have no direction, just outwards in all areas, no matter who
else does that sector or service better. Restraint is the key word
here, too much of anything is BAD for us, and too much, MSFT,
will certainly ruin them, and the country if they are not held
accountable for these statements, actions, and thug-like
demeanors.
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Also, their previous "kills" as you so deftly put it, weren't companies as ominous as google has become... I think google has become too much for even ms to handle... most of googles' software is already free so ms can't win by making s/w free...I think the minds of the google owners together with their rapidly growing employee base should easily be able to dodge most of anything ms throws at them.
let's face it: google isn't the best company when it comes to dealing with people issues (google PR not talking to cnet, etc), but MS is in decline and they know it. better products are popping up all the time, sometimes for free. you better know they'll fight for anything they can get!
I'm a Mac-using, Java developing, iPod wearing, Firefox browsing anti-Microsoftite myself. But to say Microsoft is losing is silly. Microsoft has many fierce competitors and is stretched a bit thin right now, yes... and we certainly HOPE they'll make some critical missteps, but they're hardly on the verge of collapse or anything.
The important thing in the market is dominance. Google has gained some of that, they are the dominant search engine.
Microsoft's concern is the China market. Currently not dominated by any tech companies because it is still an emerging market. Many companies are waiting for China to explode into major consumers of products and services.
This is why both companies want to get a strong footing in the country before that happens. This seems to be exactly the work Lee was doing with Microsoft and will do with competitor Google.
From those few emails Microsoft will be able to prove that not only would he violate any NDA, but already has and while still working at Microsoft. Pretty stupid on Lee's part.
I'll agree that they probably jumped a little too fast, but they are bale to recover those old emails and that will make a very strong case.
Steve Ballmer fits his ebullient nature.
The realization of this whole situation with Microsoft and Google
is fairly simple. Microsoft is NOT a search engine company and
Google is not an operating system.
With web based applications on the rise there will soon be no
need for an operating system, just a web browser, or maybe a
Google Browser (the ultimate web experience)!
I certainly think Steve has some serious issues, and may be taking Google's recruitment as a personal afront. It's also obvious if Microsoft is able to prove their evidence that Lee was feeding the "enemy" with information while working on the inside at Microsoft.
All that to say that they are competitors, but only in a few areas, and I guarantee Google will continue to pressure Microsoft in the near and far future.
If anything, I would like to think he did say this and did throw the chair across the room. I can believe he would. As a Microsoft fan, I am for having a CEO who loves Microsoft; throwing a chair across a room and vowing to kill Google is a love for Microsoft. Microsoft being good to work for has nothing to do with Lee going. In Microsoft he has said power, in Google, he'd have twice that. When you are so high up the food chain in a company like Microsoft or Google it is not about how good they are to work for, it is about money and power. Steve Balmer realises this, and hiring such a high ranking person from Microsoft, especially one who signed that he cannot move to a competitor, is an affront to Microsoft from Google. If I was CEO I would be pissed off too, and I probably would have thrown the chair at Lee and not across the room.
And I pointed out details on not having an operating system in the other post. You cannot just have a Web Browser. There will always have to be an Operating System with at least a Driver Layer. I am all for a Web Operating System; but to think it will be Google's is stupid.
That Google would trust someone who proves to be so devious to their current employer is also astounding. Is this guy really worth all this trouble and money? Google should try to distance themselves quickly from him or risk serious penalty for the information they have already received and used while he was employed by Microsoft.
Turnabout is fair play. Do I condone the potential violation of the NDA, NO. This is just typical B.S. of the industry folks. Ballmer is just pissed because he is getting beat at his own game.
There is an old adage to be used here: "There is alway's someone younger, faster, and better than you waiting in the wings. So watch your back."
Jim
It may have been an unprofessional and emotional outburst, but lets not be silly. Microsoft employees receive some pretty world-class incentives, nurturing, and empowerment.
make you some visio diagrams of some beowulf
clustuers... oh Ballmer, I am so poor, you, so
rich and farout... dont let them make me spend
the winter in my car.. ... the picking and
prodding never stops.. after a while.. its pure
harrasment from these strangers
Surely, Steve could afford some anger management classes on his salary???
ha ha
Maggie
Many colleagues of mine have often droned on and on about how Microsoft has some type of eternal domination, has no competition and that they are a perpetual evil force in the world. But these opinsions reveal a lack of historical perspective as well as a forgetfulness regarding business cycles. They also forget that corporations are still legal fictions, no matter the size. The intellects and wills of persons, acting primarily out of self-interest, drive them, either forward or in reverse.
I have always opined that MS will be replaced OR merely superceded by an upstart of a company that markets a slicker product or brand. Google has done that. I always thought their uncluttered homepage was brilliant, unassuming and inviting like a doorway. Who can blame someone in the upper echelons on MS for wanting to try something new at a company who is picking up everything within it's reach, branding it, offering it for free to users and making tons of money?
Now that I know they have at least one vicious bastard over there, it almost makes me want to consider working there :)
And it requires DirectX 12 (installer not included, order on a CD from Microsoft for $80)
AND it requires 1024MB of VRAM - even though it's a platformer with MIDI sound. Six Xeon processors recommended and at least 4GB of DDR2 667 or faster (preferably faster)
AND it comes on six double sided DVDs, even though it only has ten minutes of replayability.
And the license is shown to you after you bought it and broke the package seal. Sorry, no refunds if you don't agree to their terms (which are rather restrictive) - arrange it with the retailer instead.
The game will take 120GB of HDD space and have three levels with up to two types of enemies and two types of attacks.
Tech support though is excellent.