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李開復博士英文自傳全書（連載【106】）

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Desperately Seeking Evidence

After the depositions, my lawyers analyzed them and told me the biggest concern was Microsoft’s attempt to use my article, “Making It in China,” as evidence that I gave Microsoft data to Google.

“Making It in China” was written during my employment with Microsoft, but only the version I submitted to Microsoft’s top-level management contained my suggestions for the company’s operations in China. I deleted all the Microsoft-related information before publishing it, and the public version was what I sent Google CEO Eric Schmidt.

“Do you have a witness to prove this version is public?” My lawyers asked.

I started a search in my memory. The article was distributed to many students during my speeches. But I didn’t know any of those students. I could only look for people who had printed and duplicated the paper for me---Oh, yes, Mary Hoisington! My former secretary at Microsoft, who had retired before I left.

Mary had been my mentor Rick Rashid’s secretary before working for me. When she followed Rick on one of his business trips to China, I was working there. I took them to a restaurant that served the cuisine of a Chinese minority ethnic group for the sake of novelty. The meal included some exotic food such as insects and snake. Mary seemed to enjoy everything a lot, so I thought I had made the right choice of restaurant. Only later did I find out that she was actually repulsed by the food, but she had learned from an article that in China guests would always praise the food as a way of showing appreciation to the host, so she decided to be thoughtful.

Given her thoughtfulness and kindness, I believed she would be willing to help me.

Indeed, after listening to my request on the phone, Mary said, “Yes, I remember copying this article. Also, Kai-Fu. I was sad to see all the negative press about you. I didn’t call you only because I thought you would be too busy with the lawsuit to chat. I want to help you!”

After agreeing to be my witness, Mary even found me another witness, a Washington University professor who had invited me to give speeches.

Having two witnesses made me feel better. But I wanted to make absolutely sure this could end all the trouble. So, on one of my frequent flights from Seattle to San Francisco, I turned on my laptop to search for all occurrences of this document that the lawyers had identified.

I found an email in which I forwarded a presentation by “APCO”, a government relations firm doing business with Microsoft. They had presented some materials that I sent to my co-authors writing the paper, “Making It in China.” I could not remember this APCO presentation, but the email seemed to indicate that their materials were used.  I found and opened the source of this material, and I saw in big letters in front of me: “MICROSOFT CONFIDENTIAL!”

I saw this was why Steve Ballmer was going for the kill. This was the evidence they had! It showed I had taken a Microsoft confidential document, given it to my co-authors to put into another document, and then I released the product to the world, including Google.

Yes the document was given to people IN ADDITION to Google, but it might legally mean that I gave away confidential information to Google.

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【法奶日報www.lulijen.com2017.6.9 出刊，第9-1895號】