Microsoft hits back at Google's Android patent complaints

Google claims it's being attacked by those who asked it to team up

Microsoft hits back at Google's Android patent complaints
Microsoft hits back at Google's Android patent complaints
Microsoft's Brad Smith has hit back at claims Microsoft bought Novell's patents to keep them from Google
Microsoft's Brad Smith has hit back at claims Microsoft bought Novell's patents to keep them from Google

David Drummond, senior vice president and chief legal officer, has posted to the official Google blog When patents attack Android. Within, he makes some astonishing claims, once you get past the bit about how more Android devices are being activated daily than you can shake a stick at. "Android’s success has yielded something else: a hostile, organized campaign against Android by Microsoft, Oracle, Apple and other companies, waged through bogus patents," he claims, referencing the recent bid for Nortel’s patents, won by a consortium that includes Microsoft, Oracle and Apple (Businessweek).

Drummond argues the bid was a weapon, purely to hamper Android and ensure Google didn't get the patents for itself. He considers this strategy is "anti-competitive" and "[escalates] the cost of patents way beyond what they’re really worth," noting that the winning $4.5billion bid was five times larger than the pre-auction estimate of $1billion.

Drummond doesn't mention that the pre-auction estimate was largely of Google's making (Reuters), that Google itself bid over $3billion itself and was "willing to go up to $4 billion" (Financial Post), and that it was actually invited to bid jointly, according to a tweet from Brad Smith, Microsoft’s general counsel. Additionally, Microsoft's Frank X Shaw tweeted a grab of an email from Google lawyer Kent Walker, who told Smith a "joint bid wouldn’t be advisable for us".

It's hard to know what to draw from all this, other than that Google appears to believes anyone owning patents is bad, unless Google has them itself. And while it’s true that patents are too often used as weapons, they are also used to protect intellectual property, to ensure one company doesn't pilfer from another. The way battle lines are being drawn here is worrying, not least because a patent battle is sure to erupt over WebM, largely touted as the future of web video.

Google declined to comment "beyond the blog post".

4 comments

Comment: 1

Seems like *maybe* one of the curses of big companies strikes again, one person does/says one thing while someone else that should have been informed but hasnt, says another thing.
I doubt that companies as much in the spotlight as google would purposefully contradict itself in such a malignant fashion... it wouldnt be so great for corporate image etc something google has thus far been very aware off
...
Though of course that could be just what they want you to think... ;)

Comment: 2

Maybe it's the actual laws regarding patents and the reasons behind companies buying them that should be looked at.
If it's just a case of the company that has the most money rules everything that we do then it is a sad day indeed.
Personally I'm on googles side on this one. Apple are doing their best to kill open source and become their own law on what software people get to use on their phones and computers. At least in their domination, google also gives help to the little people and encourages developers large and small.
I've never heard of the Apple/Microsoft/Facebook summer of code!

Comment: 3

Ranting aside, if I'm understanding correctly that Microsoft and Apple want mobile manufacturers to have to pay more to license android pones, the concept is just crazy.
If Linux was a bigger threat to Microsoft should the end user have to eventually pay more for free software when none of that money goes to the creators?

Comment: 4

"google also gives help to the little people and encourages developers large and small."

I guess that's why Apple's attempting to defend its developers against Lodsys while Google remains stony silent?

The reality is this: Google isn't any better or worse than Apple or Microsoft or Oracle regarding the patents game. This time, it gambled and lost. It wanted the patents to itself so that if and when Apple or Microsoft sued it, Google would own patents that would potentially enable a settlement. It can't do that if the patents are shared. Now, of course, Google has nothing from the Nortel set, hence the whining.
July issue on sale now!

The Week in Web Design

Sign up to our 'Week in Web Design' newsletter!

Hosting Directory
.net digital edition
Treat yourself to our geeky merchandise!
site stat collection