Language Selection

English French German Italian Portuguese Spanish

M$ moves goalposts in Google battle

Filed under
Legal

A July 29 court filing by Microsoft technically means the case has moved to federal court. But Google can still ask a federal judge to let the case surrounding the ex-Microsoft executive proceed in state court, according to a legal expert.

Late last month, Microsoft filed to switch to federal court Google's request that a California judge invalidate Microsoft's noncompete agreement with Lee, who was hired by Google to head its China operations. In its filing with the U.S. District Court for the Northern District of California, Microsoft argued that the dispute qualifies as a federal case in part because the two companies are based in different states.

Microsoft may be seeking to reduce the possibility that pro-Google sentiment in Santa Clara County would influence the state court, said another attorney who's followed the case. Federal judges are not elected, and potential jurors for the federal court located in San Jose, Calif., would hail from a wider geography, he said. Google is based in Mountain View, Calif., a city in Santa Clara County.

With its California request, Google appeared to be trying to take advantage of a state rule that frowns on noncompete contract clauses.

Neither Microsoft nor Google immediately responded to requests for comment.

Full Story.

More in Tux Machines

Mutter Updated for GNOME 3.20 to Fix the X11/Wayland Copy and Paste Interaction

The GNOME developers are always hard at work patching bugs in the popular desktop environment used by default in many GNU/Linux operating systems, and today they've updated the GNOME Shell and Mutter components. Read more

Whitehurst: Free OSS Red Hat's biggest competition in Asia

Red Hat still faces a major challenge convincing organisations to pay for its services, especially in markets such as China where there is widespread use of free, open source alternatives, says CEO Jim Whitehurst. Read more

Red Hat CEO issues call to arms for open source participation

Broadening the strength and depth of the open source community has always been a goal that has been supported by vendors and businesses alike, but a call to arms for a greater participation was the message that Red Hat wanted to get across at its annual summit. The Red Hat Summit in San Francisco was an opportunity for CEO Jim Whitehurst to talk about the ideology of open source during his keynote presentation, and a message of changing hierarchies underpinned much of what he said. Read more

Avoiding bad practices in open source project management

This whole list has been inspired by many years of open source hacking and free software contributions. Everyone's experiences and feelings might be different, or malpractice may have been seen under different forms. Let me know if there are any other points that you encountered that blocked you from contributing to open source projects! Read more