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Old 08-03-2011, 09:43 PM   #1
RockdaMan
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'a hostile, organized campaign against Android by Microsoft, Oracle, Apple...'

David Drummond, Google Senior Vice President and Chief Legal Officer:

Quote:
“Android’s success has yielded something else: a hostile, organized campaign against Android by Microsoft, Oracle, Apple and other companies, waged through bogus patents.

“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; 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 Mobile; 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.”
Microsoft's lawyer:

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We asked them to bid jointly with us. They said no.
http://www.zdnet.com/blog/microsoft/...e_skin;content

http://twitter.com/#!/BradSmi
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Old 08-04-2011, 11:47 AM   #2
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" Just in case that wasn’t enough, Frank Shaw, Microsoft Head of Communications, followed up with the real heat-seeker. “Free advice for David Drummond – next time check with Kent Walker before you blog. ,” Shaw tweeted, referring to another Google SVP and General Counsel. Attached to that tweet was the picture of an email Walker apparently sent to Smith on October 28, 2010. It reads as follows:

Brad –

Sorry for the delay in getting back to you — I came down with a 24-hour bug on the way back from San Antonio. After talking with people here, it sounds as though for various reasons a joint bid wouldn’t be advisable for us on this one. But I appreciate your flagging it, and we’re open to discussing other similar opportunities in the future.

I hope the rest of your travels go well, and I look forward to seeing you again soon.

– Kent

While it’s only one instance, this really does undercut Google’s entire argument. Google was attempting to set up aÂ*patternÂ*of Microsoft teaming up with other Google rivals to damage them. But the first instance listed was actually the result of Google turning Microsoft down, as the email shows. That doesn’t not look good for Google. "

http://techcrunch.com/2011/08/03/mic...8TechCrunch%29
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Old 08-04-2011, 01:04 PM   #3
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Hmm... so it's ok to gang up with others to use the patent system to extort or harass a
competitor, as long as you gave them a chance to join the gang first?

Join or Die!! MS made them an offer they couldn't refuse, is that it?

Luck;
Ken
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Old 08-04-2011, 02:35 PM   #4
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Yup, that's about it. While the idea behind the patent system has merit, it has been sorely abused of late.

And Google’s hands are not all that lily white either.
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Old 08-04-2011, 06:21 PM   #5
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Google should give MS and others free access to it's patented Pagerank algorithm. Then MS and its allies could drop the patent battle. Seems fair, no?

As one pundit said:

Quote:
"one could argue that Google is using its dominance in search advertising to unfairly gain entry into another market by giving that new product, Android, away for free. Does this remind you of any famous antitrust case?"
Another said:

Quote:
"It’s OK for Google to undermine Microsoft’s for-pay OS licensing business by giving Android away for free, but it’s not OK for Microsoft to undermine Google’s attempts to give away for free an OS that violates patents belonging to Microsoft?"
And yet another said:

Quote:
"Do you believe in intellectual property? Property ownership? Or is it all there for Google's taking?

While Apple and Microsoft and Nokia and Nortel and Blackberry and IBM and many others were actually *innovating* in smartphones and mobile technologies for over a decade you were busy making monopoly profits in a different market. Now you want into the big global smartphone market. And essentially want *all* the intellectual property of these companies to be effectively voided.

So you can continue to use your monopoly profits in a different business to kill off all the companies -- all the innovators -- and reap monopoly profits in this new business.
--
Tell you what: release the Google algorithms, release your source code, open up Android -- for real, along with Gmail and Maps and Voice Search and everything you've built into it. Put the Google advertising code into public escrow.

As a sign of good faith. To show that intellectual property shouldn't be used "as a weapon".

And then completely abandon Android. And Google Docs. And Gmail. After all, you claim today that all you want is "to stay focused on our own business and make better products."

Fair enough. *All* your money comes from ads on PCs. Via search. That's your business."
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Old 08-04-2011, 06:32 PM   #6
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Google posted an update:

Quote:
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. 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.

Ultimately, the U.S. Department of Justice intervened, forcing Microsoft to sell the patents it bought and demanding that the winning group (Microsoft, Oracle, Apple, EMC) give a license to the open-source community, changes the DoJ said were “necessary to protect competition and innovation in the open source software community.” This only reaffirms our point: Our competitors are waging a patent war on Android and working together to keep us from getting patents that would help balance the scales.
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Old 08-04-2011, 06:51 PM   #7
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This is a big win for the open source community. The patent trolling done by MS, Apple and Oracle is just shameful. Patents are extremely important for companies that put millions and years of hard work in R&D, but when a company is doing nothing more than buying patents to stifle competition that is down right immoral.


Here are the links to Google's original post from Rocks post #1 and the update Rocks #6 post
"Google's Blog"

DOJ: CPTN Holdings LLC and Novell Inc. Change Deal in Order to Address Department of Justice's Open Source Concerns
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Old 08-04-2011, 07:05 PM   #8
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Patents are extremely important for companies that put millions and years of hard work in R&D
And when they wish to sell them, they should be allowed to.

As for the license, one pundit said:

Quote:
"The Novell patent deal got a lot of attention but in the greater scheme of things even the original deal wouldn't have had huge impact on the competitive landscape," Mueller said. "There are countless software patents out there one way or the other."

The agreement with the DOJ appears to show that Microsoft was most concerned about getting licenses to the Novell patents, and not in owning them, Mueller added. "Considering that Microsoft files thousands of patent applications every year, they don't need to acquire a couple hundred Novell patents to beef up their portfolio," he said.
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Old 08-04-2011, 09:31 PM   #9
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Google has acquired a U.S. patent for its popular cycling logo system, also known as "Google Doodles." Patent 7,912,915 was granted on Tuesday, nearly 10 years after its initial submission in 2001 by Sergey Brin.

The patent is entitled "Systems and Methods for Enticing Users to a Web Site." The abstract states the patent is for the invention of "periodically changing story line and/or special event company logo to entice users to access a web page." In layman's terms, this means that Brin has patented the "invention"--and I use that term loosely--of changing Google's logo for special events and holidays.
Funny.

http://www.pcworld.com/article/22294...e_doodles.html
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Old 08-07-2011, 03:33 PM   #10
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The patent system has been a sick joke for quite a while. You can patent anything these days, uploading files, the curve on the corners of a phone, ANYTHING. Consequently, you almost cannot make anything without running into issues with someones patents. Of course, patenting something is worthless if you do not have the money to go to court over it. On the flip side, you cannot make anything that might be remotely successful without having the money to defend you product from patent lawsuits. There are about 8 million US patents currently, who can afford to research all those patents to make sure they are not violating any on them (other than big corporations), and that is just in the US.
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Old 08-07-2011, 05:59 PM   #11
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Consequently, you almost cannot make anything without running into issues with someones patents.
You have to get there first.
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Old 08-08-2011, 01:52 AM   #12
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Go Microsoft!

Brand loyalty sounds kinda fun. Coin flip tells me MicroSoft is my team.
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Old 08-09-2011, 10:06 AM   #13
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Old 08-20-2011, 02:32 AM   #14
David Marseilles
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Join or Die!! MS made them an offer they couldn't refuse, is that it?
More like "Join AND die". For a patent to be useful defensively, the troll suing you couldn't have the right to use that defensive patent. The idea is, if you sue me with your patent I don't have a license to yet, I'll sue you with mine you don't have a license to. In the partnership, Google would have helped pay the piper, but wouldn't have received protection from its "partners" in the deal, who would have had every right to use those same patents.

Think 2 wolves and a sheep voting on what's for dinner and then making the sheep (pre-)pay 1/3 of the chef's bill.
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Old 08-20-2011, 11:31 PM   #15
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More like "Join AND die". For a patent to be useful defensively, the troll suing you couldn't have the right to use that defensive patent. The idea is, if you sue me with your patent I don't have a license to yet, I'll sue you with mine you don't have a license to. In the partnership, Google would have helped pay the piper, but wouldn't have received protection from its "partners" in the deal, who would have had every right to use those same patents.

Think 2 wolves and a sheep voting on what's for dinner and then making the sheep (pre-)pay 1/3 of the chef's bill.
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