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Google: Apple, Microsoft Waging War on Android

- By - Source : Google

Google claims that Apple, Microsoft, Oracle and other companies are banding together to take Android down in legal, patent-laced flames.

Google's Senior Vice President and Chief Legal Officer David Drummond is accusing Apple, Microsoft, Oracle and other companies of waging a unified war against Android. How? By working together and purchasing patents left and right in order to keep Google from getting patents "that would help balance the scales."

Put it this way: the more patents Microsoft, Oracle and even Apple purchase, the riskier it will become to use the Android OS. As Drummond points out in his blog on Wednesday, a single smartphone may involve nearly 250,000 patent claims. Now imagine Android's competitors owning a good number of those patents, enforcing a costly "tax" on each so that manufacturers deem it too costly and end up purchasing Windows Phone 7 or some other OS instead of Google's free, open-source mobile platform.

"They’re doing this by banding together to acquire Novell’s old patents (the “CPTN” group including Microsoft and Apple) and Nortel’s old patents (the “Rockstar” group including Microsoft and Apple), to make sure Google didn’t get them," he writes. "Seeking $15 licensing fees for every Android device; attempting to make it more expensive for phone manufacturers to license Android (which we provide free of charge) than Windows Phone 7; and even suing Barnes & Noble, HTC, Motorola, and Samsung. Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it."

The whole situation is apparently driving the cost of patents "way beyond what they're worth." Drummond reports that the winning $4.5 billion for Nortel’s patent portfolio was nearly five times larger than the pre-auction estimate of $1 billion. But he expects the patent hoarding to draw regulatory scrutiny and perhaps be seen as anti-competitive in nature.

"This patent bubble will pop," he said. "We’re not naive; technology is a tough and ever-changing industry and we work very hard to stay focused on our own business and make better products. But in this instance we thought it was important to speak out and make it clear that we’re determined to preserve Android as a competitive choice for consumers, by stopping those who are trying to strangle it."

So how's a search engine to defend itself against deep-pocketed corporations like Apple and Microsoft? By strengthening its own patent portfolio before they're all scooped up. "We’re [also] encouraged that the Department of Justice forced the group I mentioned earlier to license the former Novell patents on fair terms, and that it’s looking into whether Microsoft and Apple acquired the Nortel patents for anti-competitive means," he added.

Later Microsoft General Counsel Brad Smith denied the allegations in regards to Novell's patent portfolio, saying that the company asked Google to participate in the bid. "Google says we bought Novell patents to keep them from Google," Smith said in a message on Twitter. "Really? We asked them to bid jointly with us. They said no.”

Naturally Drummond responded.

"It's not surprising that Microsoft would want to divert attention by pushing a false "gotcha!" while failing to address the substance of the issues we raised," he said. "If you think about it, it's obvious why we turned down Microsoft’s offer. Microsoft's objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners. Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. We didn't fall for it. "

So far Apple, Microsoft and Oracle have declined to comment.

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DjEaZy 08/05/2011 4:07 PM
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scuba dave 08/05/2011 4:16 PM
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And how exactly would "jointly" purchasing those patents have "not" helped protect Android from lawsuits? Joint owner is still "owner", and therefore still covered by the patent, "protection" wise and all...

caedenv 08/05/2011 4:24 PM
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nekatreven 08/05/2011 4:27 PM
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scuba dave :
And how exactly would "jointly" purchasing those patents have "not" helped protect Android from lawsuits? Joint owner is still "owner", and therefore still covered by the patent, "protection" wise and all...



I don't really understand that part either. Microsoft could still attack them with other patents that they had but Google lacked, but it seems like if they had tried to attack them under one of the joint-licensed patents wouldn't Google's response just be "Uhm, yea, we have that patent too."

cjmcgee 08/05/2011 4:29 PM
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Anonymous 08/05/2011 4:34 PM
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@scuba dave

Google purpose for the patent was to protect them from future law suits, a joint patent would not provide a defense from a MS or Apple because they jointly hold the patent, basically Google will use these patents to defends against other patent (force a cross licensing agreement)

Anonymous 08/05/2011 4:40 PM
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2ms 08/05/2011 4:42 PM
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saxplayingcompnerd 08/05/2011 4:56 PM
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The legal system for software is broken, you can always do the same thing 50 ways with 50 different ways of coding it to serve the same function. The patent system should only be applied for PHYSICAL objects, no programming. Just like you cant patent life because it is ever changing, you should not be allowed to patent computer code because it is ever evolving.

shanky887614 08/05/2011 5:00 PM
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lol i find this funny, there doing this because apple and microsoft both aggree there os's are ****

instead of making there os's better there trying to stop manufacterers installing andriod instead

acadia11 08/05/2011 5:03 PM
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cjmcgee :
This comes across like a temper tantrum because someone took the toy they wanted. It's called competition. I know Google is not used to it with their virtual monopoly in search engine space, but your competition is always going to be trying to take you down. The idea with patents is to get a mexican standoff going; if you all hold enough patents then you can hold each other at bay. All parties knew these patents were dangerous and went after them for their own safety. If Google doesn't play and get enough patents of their own, then they will be the one bringing a pocket protector to a gun fight.




I don't think it's a tantrum, I think Google has it right. But Apple, MS, Oracle aren't doing anything illegal by doing so. I think the patent system is a joke, and needs, serious overhauling

acadia11 08/05/2011 5:05 PM
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They should expire patents like they do medicine. Basically, yoh can own that patent for several years, after that people can profit from it, however, they want by exactly copying, this was be especially useful in the tech industry because it changes so fast. It would end this non-sense of patent hording, immediately. Also, if you are not the original creator the patent, you should not be allowed to enforce it, this will end all these buying binges.

shanky887614 08/05/2011 5:06 PM
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the patent system was never developed for digital media so it should have never applied to digital media anyway

patents were originally designed to stop people stealing other companies designs and using them

NuclearShadow 08/05/2011 5:06 PM
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It's sad to see that the grand idea of patents has come to this in the modern age.
In the past a patent was handy because the innovating inventor could get their work protected so that way no one could steal it. Even the little guy who came up with the next big thing would be able to stop the giants from simply copying and undercutting his prices.

Nowadays its just patent trolls, The giants taking over and massively buying them, or even the little guy who has a legit case getting stomped on by the giant's lawyers. This was not what the system was made for. Ceasing the patent system all together would simply just spell complete disaster for the little guy so that is certainly not the answer. But with out a doubt it needs to be reformed.

the_brute 08/05/2011 5:15 PM
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in the end lawers win. they are hired to find loop holes, then defend them. im going to make a career change:|

amk-aka-phantom 08/05/2011 5:35 PM
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Lol, they can argue all they like... I'll just continue to use both Android and Windows. Don't exactly care what these two companies think of each other.

That said, patent trolling is getting annoying. Apple managed to forbid Galaxy Tab sales in Australia (now poor Aussies have to import them, lol) - though what they should be scared of is not the Galaxy Tab, but the Galaxy S II and Asus Eee Pad Transformer, since these sell much better - and it shows just how much messed up the system is. Since when do Apple's patents extend to other countries? I might be missing something, but I think this is pretty much like that notorious case where Intel has been bribing manufacturers to preven AMD sales. Just in case with Intel, everyone went "bad, Intel, bad! Screw you and pay a fine!" and in case of Apple, which bribes authorities, no one cares.

After that kind of stuff, not much of a surprise that MS wants to do the same. And it's not like Google is a saint, either... Would be cool if Google would teach Apple a lesson or two when it comes to patents.

dstigue 08/05/2011 5:38 PM
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If you don't get it. Patents for corps are like nukes. You need to have your own to stop them from deploying theirs. So if you have one they are using and vice versa. No one goes to court because it's a wash. So if google shared the patents with M$FT and didn't have any of their own. M$FT could sue for the ones they totally own and Google would have nothing to counter with.. So in other words the jointly shared patents you need 2 codes to unlock both M$SFT key and Google's key.. But Microsoft has nukes that they only need their key for.. Now imagine we did that with China.. Would would be the result.. You want to joint share nukes with them and get rid of our own?? That sounds like a plan..

jackbling 08/05/2011 6:19 PM
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This whole IP patent nonsense is getting tiresome; One of two things need to be done:

1.) Throw the IP/software functionality patent systems out the window and let companies compete with end products. The market will decide which is better, and this will foster innovation in the private sector.

2.) Rewrite the entire system with revised required criteria (i.e. must have working model within 6 months and show plans to sell or release as open source, or you cannot renew the patent(or variants); rework review process to prevent fluff patents and generalizations, etc.)

All in all, the entire system is ludicrous; Anyone who thinks you should be able to patent an update button, or teleporter is smoking rocks. People waste government/taxpayer money filing these ridiculous fluff patents generated from "invention companies" with no intention of ever making a product. The review process doesn't work.

ralfthedog 08/05/2011 6:22 PM
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ralfthedog 08/05/2011 6:24 PM
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jackbling :
This whole IP patent nonsense is getting tiresome; One of two things need to be done:1.) Throw the IP/software functionality patent systems out the window and let companies compete with end products. The market will decide which is better, and this will foster innovation in the private sector.2.) Rewrite the entire system with revised required criteria (i.e. must have working model within 6 months and show plans to sell or release as open source, or you cannot renew the patent(or variants); rework review process to prevent fluff patents and generalizations, etc.)All in all, the entire system is ludicrous; Anyone who thinks you should be able to patent an update button, or teleporter is smoking rocks. People waste government/taxpayer money filing these ridiculous fluff patents generated from "invention companies" with no intention of ever making a product. The review process doesn't work.



Six months? When you are truly pushing the limits on a technology, not just copying, it can take more than five years to put a product on the market.

Anonymous 08/05/2011 6:44 PM
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And how exactly would "jointly" purchasing those patents have "not" helped protect Android from lawsuits? Joint owner is still "owner", and therefore still covered by the patent, "protection" wise and all...

Here's how it works:

Microsoft comes in with their huge patent collection and asserts that Google is infringing on X number of their patents. Google comes back and says, "But wait! We just bought a bunch of patents" and lays them on the table stating that Microsoft is infringing on them. Normally at this point, the two companies come to some sort of truce. But Google then remembers "Oh crap, we purchased these patents jointly with Microsoft.... they own them too! We're screwed."

Why would Microsoft be scared by patents they jointly own?

LORD_ORION 08/05/2011 6:51 PM
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So what's that, 250,000 permutations of button push patents?

They really need to stop allowing people to patent software UI processes. They are all obvious and as such should be under copyright, not patent laws.

Buying up patents to F up the use of a UI in an OS is NOT COMPETITION.

scuba dave 08/05/2011 7:05 PM
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datawrecker 08/05/2011 7:06 PM
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scuba dave :
And how exactly would "jointly" purchasing those patents have "not" helped protect Android from lawsuits? Joint owner is still "owner", and therefore still covered by the patent, "protection" wise and all...



The "joint" purchasing entailed Google still paying Microsoft licensing for the patents they helped pay for under terms that Microsoft set in place.

zak_the_great 08/05/2011 7:15 PM
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companies spend lots of money and time to get some thing developed ( hardware or Software). Patents can be used to get their monew they invested in from their products. If others want to develop a similar product they need to spend money and come out with a way to desing it diffrently than theor competition. This is called inovation, not by have to limit the original companay from exercising their patent, as in the latter case there is no inovation just copying and getting the product sold cheaply since they did not have to pay for development of the idea.

slabbo 08/05/2011 7:40 PM
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there needs to be a Fight Club intervention vs the Patent Office.

gogogadgetliver 08/05/2011 7:59 PM
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leadpoop 08/05/2011 8:00 PM
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The whole patent system is flawed. Why innovate when you can litigate?

gogogadgetliver 08/05/2011 8:06 PM
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scuba dave 08/05/2011 8:25 PM
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datawrecker :
The "joint" purchasing entailed Google still paying Microsoft licensing for the patents they helped pay for under terms that Microsoft set in place.



No.. Because that wouldn't make them an owner, but a regular licensed user with a substantial down-payment. The purchase would have given a usage license to all the purchasing parties, however, that wouldn't protect Google from any patents Microsoft had sole ownership of, which is what Google says it needs. However, as they declined, microsoft asked Apple, and they accepted, and now Apple and Microsoft have even more "ammunition" they can fire at Google. If Google had accepted, they would have had ammo to defend against Apple, however they would have still needed something else for defense against Microsoft. So instead of having defense against one, they effectively chose having defense against none. Personally, I think it's hilarious that they start crying after the auction resulted in them losing.. It's basically like a blackjack player crying after they lose a hand.. They knew there was a risk.. One they lost.. And so now they are playing the government/PR game to try and get the "hand that was dealt" overturned. Cry me a river Google.

STravis 08/05/2011 8:43 PM
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zak_the_great :
companies spend lots of money and time to get some thing developed ( hardware or Software). Patents can be used to get their monew they invested in from their products. If others want to develop a similar product they need to spend money and come out with a way to desing it diffrently than theor competition. This is called inovation, not by have to limit the original companay from exercising their patent, as in the latter case there is no inovation just copying and getting the product sold cheaply since they did not have to pay for development of the idea.




That's how things are supposed to work - unfortunately in most cases the patent office is overwhelmed and patents are allowed through from stupid shit... Let's not even go into the whole software as patentable because that's just laughable.