Google Calls Microsoft, Apple Patent Strategy Anti-Competitive [Updated]

Google's take on an attack on Android

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Google Calls Microsoft, Apple Patent Strategy Anti-Competitive [Updated]
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Google ran an interesting post from its Senior Vice President and Chief Legal Officer David Drummond on the Official Google Blog today called “When Patents Attack Android.”

It tells a tale of two tech giants teaming up to impede the progress of a third tech giant. More specifically, Google is being attacked through a patent war by Microsoft and Apple (along with Oracle and others). Drummond writes:

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 suingBarnes & Noble, HTC, Motorola, and Samsung. Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it.

A smartphone might involve as many as 250,000 (largely questionable) patent claims, and our competitors want to impose a “tax” for these dubious patents that makes Android devices more expensive for consumers. They want to make it harder for manufacturers to sell Android devices. Instead of competing by building new features or devices, they are fighting through litigation.

Now Google, who has often been called names like “anti-competitive” by Microsoft and other competitors,  is calling this whole strategy “anti-competitive”.

“Microsoft and Apple’s winning $4.5 billion for Nortel’s patent portfolio was nearly five times larger than the pre-auction estimate of $1 billion,” Drummond adds. “Fortunately, the law frowns on the accumulation of dubious patents for anti-competitive means — which means these deals are likely to draw regulatory scrutiny, and this patent bubble will pop.”

The Nortel patent portfolio in question is currently under Department of Justice scrutiny. So is Google’s proposed acquisition of AdMeld. Meanwhile, the FTC is investigating Google’s broader business practices.

Various other Googlers are sharing Drummond’s post on Google+. A few are adding their own commentary. Amit Fulay simply added, “Well said David…”

Google’s Jeff Huber added, “Sad when competition shifts from trying to have better products & user experiences, and enabling user choice, to collusion and having more lawyers…”

Update: Microsoft General Counsel Brad Smith tweeted the following:

Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no. 13 hours ago via web · powered by @socialditto


Microsoft’s Head of Communications Frank Shaw tweeted the following:

Free advice for David Drummond – next time check with Kent Walker before you blog. :) http://t.co/PfKle9H 11 hours ago via web · powered by @socialditto

The link shows an email, which says:

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

Update 2: Google Has updated its original post in response to Microsoft:

Drummond writes:

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.

Update 3: Frank Shaw fired back again with a series of tweets:

Hello again David Drummond. This is going to take a few tweets, so here we go. Let’s look at what Google does not dispute in their reply. 16 hours ago via Seesmic · powered by @socialditto

We offered Google the opportunity to bid with us to buy the Novell patents; they said no. 16 hours ago via Seesmic · powered by @socialditto

Why? BECAUSE they wanted to buy something that they could use to assert against someone else. 16 hours ago via Seesmic · powered by @socialditto

SO partnering with others & reducing patent liability across industry is not something they wanted to help do 16 hours ago via Seesmic · powered by @socialditto

Google Calls Microsoft, Apple Patent Strategy Anti-Competitive [Updated]
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  • @rtigz

    I can’t wait for Google to try to fight these patent suits in court. Because that’s when many Exhibits like this will be shared:

    Judge William Alsup was recently informed of several emails written by Google engineers occurring between 2005 and 2010. One of these emails from 2005, by Andy Rubin, the ‘father’ of Android, doesn’t reflect well on Google’s tactics for dealing with IP issues:

    “If Sun doesn’t want to work with us, we have two options: 1) Abandon our work and adopt MSFT CLR VM and C# language – or – 2) Do Java anyway and defend our decision, perhaps making enemies along the way.”

    And in an August 2010 email from Google engineer Tim Lindholm to Rubin, Lindholm wrote:

    “What we’ve actually been asked to do (by Larry and Sergey) is to investigate what technical alternatives exist to Java for Android and Chrome. We’ve been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need.”

  • http://www.webmarketingtips4u.com/ TPJaveton

    Is it possible that Google is racking up a lot of enemies among its peers because it is the #1 “big dog” that everybody else want to bring down? Or has Google’s actions – past and present – created these enemies? There are a lot ex-Google people who work for some of their competitors and could be helping to fuel the feuds?

    I was a bit surprised at the degree of enmity and hate that exist against Google after reading a recent Seeking Alpha article titled, “With Google, There Will Be Bad Blood”. Tech Crunch-contributor article published August 7, 2011 and written by By MG Siegler starts by stating that while Google “…is still largely beloved by the public, sentiment seems to have turned against them amongst their peers…” including “…many of the startups around Silicon Valley”.

    And here’s the author’s view excerpt:

    “…this stems from Google’s desire to do everything — which could threaten the company for other reasons. Once just a search company, they now actively compete with Apple, Microsoft, Oracle, Facebook, Amazon, Twitter, Yelp, Groupon, Color, Path — again, just to rattle off a few.

    Obviously, it’s Google’s right to do what they think is best for the company. And certainly they have the money to take on all of these different projects. But the alienation of other companies — many of which were former allies — isn’t helping them. And if any of these Android lawsuits — bullshit or not — go through, or if they fail to eventually obtain the patents necessary to protect themselves, Google could find themselves in serious trouble. And if that happens, will anyone be around to lend them a hand?

    At this point, I think there will be more companies waiting to kick them when they’re down.

    Increasingly, this is the reality bubbling just under the surface: others in the space look at Google and see nothing worth liking. They see an enemy”.

    They are really a lot of ex-Googlers working for Google’s competitors (in some cases, enemies).

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