David Drummond, Google Senior Vice President and Chief Legal Officer, today posted the following blog post, verbatim:
I have worked in the tech sector for over two decades. Microsoft and Apple have always been at each other’s throats, so when they get into bed together you have to start wondering what’s going on. Here is what’s happening:
Android is on fire. More than 550,000 Android devices are activated every day, through a network of 39 manufacturers and 231 carriers. Android and other platforms are competing hard against each other, and that’s yielding cool new devices and amazing mobile apps for consumers.
But 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.
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.
This anti-competitive strategy is also escalating the cost of patents way beyond what they’re really worth. 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. 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.
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.
We’re looking intensely at a number of ways to do that. We’re 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. We’re also looking at other ways to reduce the anti-competitive threats against Android by strengthening our own patent portfolio. Unless we act, consumers could face rising costs for Android devices — and fewer choices for their next phone.
Source: A whiny wuss who pecks out horseshit on the Official Google Blog.
MacDailyNews Take: If this is Google’s Chief Legal Officer, they’re doomed.
Beyond that, the fear is palpable. Don’t steal IP and you’ll have nothing to fear, Davey. Plus, you wouldn’t have to try (and fail) to buy other company’s patents in order to defend your theft, π-boys.
Apple invented the iPhone, not Google.
Unlock the tower and shout that up to the mole that your do-know-evil company recently kicked upstairs.
And, oh by the way: Google turned down chance to join Microsoft in the Novell patent bid. Explain that, Davey.
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]
Related articles:
Changewave: Apple iPhone demand outgrows Android phones in 2011 – July 18, 2011
Analyst: Apple takes 50% of handset industry profits ahead of 100 million iPhone year – July 8, 2011
Nielsen: Apple iPhone drives U.S. smartphone growth as Android stagnates – June 30, 2011
Google’s Schmidt: Apple not responding with innovation, they’re responding with lawsuits – July 19, 2011
Taiwan’s HTC shares tumble after U.S. ITC’s Apple patent ruling – July 18, 2011
HTC to appeal U.S. ITC ruling that company infringed on Apple patents – July 18, 2011
Apple’s U.S. ITC patent victory threatens future of Google’s Android – July 16, 2011
How Google’s Android infringes on Apple’s patents in U.S. ITC determination – July 16, 2011
U.S. ITC finds HTC infringed upon Apple patents – July 15, 2011
HTC decries ‘Apple’s constant attempts at litigations instead of competing fairly in the market’ – July 12, 2011
HTC stock tumbles after Apple’s new patent lawsuit – July 12, 2011
Apple’s second ITC complaint against HTC Android products dissected – July 11, 2011
Apple files second U.S. ITC trade complaint against HTC, seeks to block HTC imports – July 11, 2011
Steve Jobs loads up on high-powered legal team to protect Apple’s intellectual property – April 22, 2010
Apple’s patent infringement lawsuit: The elephant in HTC’s new headquarters – April 2, 2010
Apple patent infringement lawsuit applies pressure to HTC – March 3, 2010
Apple puts the entire industry on notice by suing HTC for patent infringement – March 03, 2010
What Apple vs. HTC could mean for the future of mobile devices – March 03, 2010
Apple looks for expedited proceedings in patent infringement case against HTC – March 03, 2010
Patent lawyer: Apple’s going after HTC first, Motorola’s next, but Google’s the real target – March 03, 2010
The specific Apple patents over which Apple is suing HTC – March 02, 2010
Boom! Apple sues HTC for infringing on 20 iPhone patents – March 02, 2010
As usual, Google wants to make a bunch of money by paying other companies nothing. They provide Android for “free”. Wow, what humanitarians!
remember Google going ballistic accusing Bing of copying it’s search results?
When Google designs something it’s sacred, but considers what others invent as ‘open’ and throws a tantrum when those people dare to defend their rights.
google lost a bunch of lawsuits when it used artists, writers and photographers work without giving the creators compensation. Google defense was that it was doing it’s ‘sacred duty’ to distribute info to the masses (and coincidentally sell a whole bunch of ads) and when it digitally converts something ‘it’s open and free’, the artists and judges disagreed….
MS General Counsel, @bradsmi, tweeted that MS asked Google to bid with them on the Nortel patents and Google refused!!
Sounds like a sore loser to me.
Android is evil.
WebM is evil.
Google is evil.
Sainthood requires that the person in question be dead.
Alas, Android has not dead. No sainthood.
Welcome to the real fucking business world google. You were the cute Internet start up offering free software but then you got greedy. You started shitting on the tech giants and now you want to play the victim when they don’t take it lying down. Your opinion that they are bogus patents is exactly the reason you are in this situation in the first place. Let’s hope that google gets their way and all patents become meaningless that way the consumer will win right? Until we realize that companies have no reason to do any innovation at all since everyone can take their inventions without the r and d cost. Just learn to play the game google, stop being tight asses with the licenses and put the lawsuits behind you.
i gotta agree with the spirit of what he is saying but not exactly the specifics.
You cannot write software or make a device in this day and age without infringing on someone’s “IP”. Small developers are being forced to “band together” to protect themselves.
Patents are awarded that are so broad in scope that you can’t “innovate” in another direction because the patents either effectively lock out any other way or the other way is “IP” owned by someone else.
companies whose only product is licenaing patents are all over.
The system is utterly broken imho and in the long run its going to do more damage than it will ever help protect innovation.
just my .02 and im not a lawyer or anyone special so take it with a grain of salt.
Concur.
iPhone’s patents should be protected and prevent others from impinging on Apple’s IP.
BUT buying patent troves specifically for preventing others’ use of that IP does seem a bit, ahem, evil.
Drummond blubbers: “Patents were meant to encourage innovation”
So get Google to actually INNOVATE! Android isn’t innovation. It’s invasion of patent rights. Go sob into a porcupine, Drummond. This letter is ridiculous whining from a company that has been copying already existing code and GUI concepts in an attempt to make money by parasitizing ACTUAL innovators. Pathetic.
Now LIVE WITH THE CONSEQUENCES and STFU!
I’m really surprised by this public blog post.
Drummond is not stupid and knows this statement makes no sense and doesn’t stand up to even the most superficial rational scrutiny.
Drummond is quite aware of the hypocrisy of his message.
These statements are contradictory, and I am more than certain that this post will be used against Google to benefit the patent suits of any company targeting Google’s IP theft.
I’m amazed that Drummond thinks this post would result in anything positive for Google.
Google’s struggle for Android’s survival will take place in the courts of law, not in the court of public opinion.
The patent judges won’t be fooled by this nonsense, and in fact, will likely be quite insulted that Drummond is trying to make a mockery of the patent system.
Wow.
I just can’t figure out how Drummond thought that posting this would be a good idea, or that this would help (and not hinder) Google in any way.
To quote a Kiwi Pop band from 1995,
“How Bizarre”.
Relevant to this article:
Study: Android is least open of open source mobile platforms @ Ars Technica
To quote:
“Google’s Android mobile operating system ranked the lowest, with only 23 percent…. The VisionMobile report identifies some of the key problems with Android’s governance model, including Google’s “unilateral Android project decision-making processes” and “closed contributions process model.”… The lack of transparency in the Android compliance program is also identified as one of the weak areas in Android governance…. Skyhook is currently pursuing litigation against Google for allegedly doctoring the compatibility testing parameters for anticompetitive purposes…. The report quotes an internal Google e-mail (made public as a result of the ongoing Skyhook litigation) in which Google’s Android compatibility chief Dan Morrill described the company’s compliance testing practices as “using compatibility as a club to make [OEMs] do things we want.”
THIS is Google. THIS is evil. THIS is why Android sucks.
Whine on Drummond. Boohoohoo. 😆
“Android is on fire.”
Hell yeah, it sure is! In the same sense that the Hindenberg was on fire.
“More than 550,000 Android devices are activated every day”
Mmm hmm. Just don’t mention the return rate, Dave. Or the fact that many of these Android devices (A) have had Google’s services removed from them, (B) are ultra cheap landfill fodder like sub-$50 ebook readers and generic tablets with hardware specs from 1993, or (C), all of the above. Also, don’t mention that activations do not mean sales and possibly not even devices shipped. Your bosses at Google seem unwilling to tell people what they mean by “activations”.
“Android and other platforms are competing hard against each other, and that’s yielding cool new devices and amazing mobile apps for consumers.”
No, actually it’s yielding a flood of uninspired and derivative knock offs, and the “amazing mobile apps” are more like “disposable shovelware”.
“But Android’s success has yielded something else:”
Yes. The wrath of the companies that Google stole from in order to produce Android.
“This anti-competitive strategy …
Anti-competitive strategy…? Oh, you mean like giving Android away for free in an attempt to lock everybody else out of the maket by leverage a price they can’t possibly compete with, thus making Google’s OS suffocatingly entrenching and ubiquitous? Or do you mean like keeping your search algorithm closed source and proprietary so that no other search engine has a chance in hell of competing with you? Or attempting to discourage manufacturers and carriers from replacing your services in Android with those of competitors? You mean like that?
“We’re also looking at other ways to reduce the anti-competitive threats against Android by strengthening our own patent portfolio”
How about reducing the threats against Android by removing all the parts of it that are stolen from products made by other companies? No, wait, this would involve work. So Google couldn’t possibly do that. It’s much easier to just buy some patents and have the Senior Vice President and Chief Legal Officer pinch out a loaf of PR to keep the proles from committing crimethink against Mountain View.
But enough about that. Let’s all shut up now and enjoy our chocolate rations, which I hear were just raised to 20 grammes by Eric Schmidt you guys!
+1
+1
+1
+1
+1
+1
Google is evil.
Sour grapes?
It is time that Apple launch it’s own search engine, one that is completely free of ads.
Let’s see how Google likes that kind of competition.
Android is on fire? Why is it hot in hell?
I am calling bullshit on the that crap about how over half a million android devices are being activated a day. By activated does he mean turned on? Because if he is being truthful, thats 13 million a month? come on.
They didn’t put the Mafia booses away for murder, ,they got them for cheating on their taxes.
Apple is not fighting Google directly for blatantly ripping off Apple’s OS, but rather on some obscure patent they own.
Very clever strategy ….
Commenting on the blog post Microsoft General Counsel Brad Smith said the group asked Google to join them but Google refused.
If everyone was in the group the patents would be shared , legal problems solved. But I guess Google thought they could win and use the patents against the others. And now that they’ve lost…
Appleseems quite capable of defending itself. All of this is just Google smokescreen. It drums up everyone to argue for Apple or Google, while Google blithely goes along stealing everybody’s personal shit! They don’t really care if you favor Apple or Google. They want to keep you from sniffing out the real issue that it is your IP they are selling every time you use their search engine to tranmit every preference you have to every junk advertiser on the planet, who pays google for your information. It isn’t about Google copying other tech companies. It is about the evil Google does stealing your privacy. I hope Apple comes up with a search engine so that I can be free of Google’s true vision of open source- our privacy!
Brad Smith, Gen Counsel for MSFT tweeted:
Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.
I just saw that myself, looks like Google got caught again in another lie, with the email evidence of them turning down the joint offer it shows Google has tried to use this to favor themselves, problem is they blew it, any chance of the DOJ seeing this as anticompetitive NORTEL / (Rockstar) has been taken away, and shows the bad intent Google tried to use to their benefit by spinning this to make it look like they are the ones hurt.
Google blew it again, and it serves them right, you keep lying and you will eventually get caught.
I have one nice finger for you Google, enjoy it.
99% of all Smartphones now days are in some way a copy of what Apple invented and patented in the iPhone.
It is time for Apple to say, “stop” pay yourself in invest the money we invest in innovation and invent your own products, do not copy our inventions…
And even the copies are worst than the original. The “only” advantage from using Android is Flash. And that is going to change since Adobe fold its knees to Apple (after investing millions in buying Macromedia and developing further the Flash Framework) and made “Adobe Edge”, a HTML 5 creation software with you can build website with “flashy” content that can be seen in iphones and ipads… The countdown for Flash has started…! Apple is dictating what will be and what will not be. And it won’t be differente with Google. BTW, Let’s remember that Apple have enough cash to buy Google several times…