Google and Microsoft's public patent spat gets louder, sadder

Legal

Microsoft’s Communications boss Frank X. Shaw on Thursday responded to an update posted by Google’s Chief Legal Officer David Drummond, which was written in response to Microsoft’s General Counsel Brad Smith’s response to Drummond’s initial claim that Microsoft and Apple were playing dirty with patents. Catch all that? Here’s the gist of it: Google’s David Drummond wrote on Wednesday that Microsoft, Apple and others were “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.” Microsoft’s Frank X. Shaw and Brad Smith each responded on Twitter, saying that Google was invited to the patent party but the company declined the invitation. On Thursday, Drummond updated his original post on the Google blog, stating that Microsoft and Apple’s invitation was disingenuous. Had Google joined the group that purchased the patents, Drummond explained, the joint acquisition would have “eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners.”

Microsoft’s Shaw then shot back on Twitter, saying that Drummond is a liar and Google didn’t joint the group because it wanted the patents all to itself (of course Google’s bids in the Nortel patent auction were seemingly intended to merely drive up the price of the portfolio; it bid $Pi billion at one point). The bottom line is it’s all ridiculous, and each company is out to protect its own interests as can only be expected. It would be great if tech giants could fire all their patent attorneys and build innovative products without having to weave through an obstacle course of patents, but that will never happen under the current system. In the meantime, companies will keep suing each other and in the end, everyone — including end users — loses.

Read [Google's response to Microsoft's response to Google] Read [Microsoft's response to Google's response to Microsoft's response to Google]

44 Comments
  • KenG

    Microsoft said Google wanted the novell patents to itself, which is true, only because they wanted to be able to provide them to Android licensees for free.  If they bought the patents with MS and Apple, they wouldn’t be able to do that, as the consortium would have charged licensing fees.

    • Anonymous

      yeah, you can’t have your cake and eat it too. somebody has to pay the license fees

    • Maicol Garcia

      not necessarily they could agree to not charge each other for the patents and Android would have been fine, but Google wanted to get greedy…

      • KenG

        Why would Apple and MS pay money for patents, and then let competitors use them for free? That wasn’t going to happen.

      • Anthony Fawcett

        No, because even then, they still wouldn’t do anything to PROTECT Android. The idea is you have patents that other people don’t, and when they try to sue you, you counter sue them, this ‘mutually assured destruction’ results in some cross licensing deals and then everyone goes home happy and continues on their way doing what they were doing before. Patents that you cannot assert against the companies most likely to attack you are USELESS. What is Google supposed to do with 4 billion worth of useless patents?

    • http://twitter.com/Tryn2Bbrief Martian Ambassador

      To prevent Google from legitimating what they lifted to form the Android OS, Apple is going to outbid them at the InterDigital patent auction and any subsequent patent auction. Whatever bank Google thinks it can muster, Apple can scrape together more. By the time of the auction, Apple will be well over $80 B in cash, short terms, and equivalents. Microsoft has nearly $50 billion itself. 

      Google is about $35B and it’s richest OHA partner, Samsung, only has about $20 B. HTC is tiny. Motorola Mobility is $500 million in the red. Dark days are ahead for the copycat alliance. 

      • Anthony Fawcett

        Mr Ambassador, you realise that iOS has lifted more features from Android than the other way round? In fact, the majority of the new features added to iOS since the release of the iPhone 3G were released to the public first by Android phone manufacturers. Android has more features and abilities than iOS4 altogether, and it won’t be until iOS5 becomes mainstream that the iPhone will actually catch up on some of them.

        So who is stealing from who? This is one of the questions that always makes me scratch my head. Given the wealth of empirical evidence to the contrary, how can you believe that Android stole anything from iOS beyond the basic idea “Mobile phone operating system” which we could say they both stole from Symbian or another pre-existing OS.

        Seriously, do some research or something, you look like fools when you make such ridiculous statements.

      • kKNd

        I think those “stolen” features were rather lifted from the iphone jailbreak community instead of android. Apple has hired many jailbreak app developers since the beginning. A notification guy last time if you remember. That’s why the system was revamped. Lot of potential good ideas are still available to implement from the community. Calling some similar or resembling ideas stealing, instead of ripping off an entire operating system with its ecosystem sounds kind of an unbalanced viewpoint.

    • http://www.facebook.com/people/Zach-Harper/100002701782554 Zach Harper

      I just paid $21.87 for an iPaad 2-64GB and my girlfriend loves her Panasonic Lumix GF 1 Camera that we got for $38.76 there arriving tomorrow by UPS. I will never pay such expensive retail prices in stores again. Especially when I also sold a 40 inch LED TV to my boss for $657 which only cost me $62.81 to buy. Here is the website we use to get it all from, http://to.ly/aSiD

  • Anonymous

    I’ve never seen a company that is worth hundreds of billions cry like a baby in public because they don’t get what they want all the time. 

    • Anonymous

      It’s part of Google EVIL Campaign

  • http://twitter.com/chuckfalzone Chuck Falzone

    They all have dirty hands. 

    BTW, this post confuses the *Novell* patents with the *Nortel* patents. It’s the Nortel patents that Google bid pi-billion for.

  • http://twitter.com/rdubmu Robert

    Google needs to create something that doesn’t copy others.

    • http://www.droiddoes.com/ Norm

      Not going to happen. They have done zero things that were original. DROID OS is iOS with gai laggy widgets lol.

      • Anonymous

        Come on that is a stretch Norm… Android wasn’t built on the OS X/Unix foundation that iOS was… Or Was it? That would explain Cupertino’s super hard-on against Android… Well that and the Eric Schmidt Betrayal, I swear that the hard-on comes from Steve Jobs as a personal Vendetta to crush Android. It’s fine by me.. I hated the two Android devices I owned and think Android needs taken down a few pegs for OS competition as a whole (no PC like dominance of the mobile world please). However, I never want to see it crushed. 

      • Anonymous

        You clearly don’t understand the underlying architecture of the two operating systems at all.

  • David

    Is Google’s new argument really that they didn’t want to buy into the patents because then they wouldn’t be able to use those patents as bargaining chips against Microsoft on other patents?

    • Anonymous

      YEP

  • Peter Tran

    This line sums it all up “in the end, everyone — including end users — loses.”

  • http://www.apple.com/ios/ios5/ BoyRetardedReport

    This sums up that google has no real ideas of their own!!!

    • Jbguitarist4

      “We’ve always been shameless in stealing great ideas”

      Steve Jobs. These were the exact words out of his mouth on camera.

      • Anonymous

        that is true… but they were smart enough to steal them before they were patented;-)

      • Doug

        And more importantly: they pay the fucking fees to license patents they feel are worth implementing instead of whining about how patents are just wrong.

    • http://www.facebook.com/profile.php?id=687183207 Owen Iverson

      except all the free stuff they’ve given to the world.  enjoy your mapquest and hotmail.

  • http://www.facebook.com/joao.rossa João Rossa

    Ms is making more money from google OS than their own….disgusting…

    • Anonymous

      ms is also making more money off android than google themselves. check the financial statements, google makes almost nothing from ad revenue, while microsoft is making tens of millions off android patent licensing

      ms has so much android money they probably use it to advertise wp7. owned.

    • Anonymous

      Nothing personal, it’s just business.

  • http://www.facebook.com/people/Frank-Guillen/100000687065036 Frank Guillen

    Google is sooooo wrong about patents that his situation has painted them stupid, a big company like Google publicly crying about its own mistakes… Google hasn’t innovated in the mobile phone and Zero patents to defend itself in the Patent War is the proof that mobile is not their primary business, but creating a robust mobile OS like Android in the short time Google accomplished has shown how it has been put together, stealing here and there and pretending that Android is the Jesus’ Mobile OS that came to save us all.  If Android infringes in Microsoft or Apple or Oracel patents just pay, nobody is fool enough to be that while rivals are creating its own ideas Google could take them and run away protected with an Open Source mantra that it’s not totally opened and only served for Google to leapfrog rivals by giving away free the mobile OS that Microsoft and Apple must charge for.  In the end, Google is being embarrassed by its own hig mouth executives that  pretend to win a public debate about patent reform forcing rivals to give their ideas/inventions for Google to use while Google protect its search patents with claws.  Don’t let Google fool you, this is a business/profit maker and like Microsoft and Apple it must respond to its shareholders and none of them will let Google gives away is Pagerank patent the same way Google is telling others about their bogus patents. In the end, this is high Quality “BS” from a big company trying to look good in the eyes of the public.

  • Bringit

    Google is being EXPOSED!  What a fraud – an all the suckers who took their free Android phones now are left holding the bag.

  • Josh Willard

    Everyone loses? I’m sure the lawyers representing these firms would disagree. Disagree all the way to the bank. Cha-ching!

    • Ajdjfkf

      Their lawyers are on staff. They get paid salaries either way.

    • Anonymous

      doesnt seem like microsoft is losing either. actually it seems the one losing is google. but i guess when youre a google fanboy, google is everyone.

  • http://twitter.com/Translatethis27 Translatethis27

    Microsoft is Evil.

  • Daithi

    ” of course Google’s bids in the Novell patent auction were seemingly intended to merely drive up the price of the portfolio; it bid $Pi billion at one point”

    That was Nortel, Zach. Get your shit together.

    • Anonymous

      well he cant even get this right.”Google didn’t joint the group ”. Joint the group? maybe he was smoking a joint when he wrote this. 

  • Anonymous

    So basically Google continue to believe everything they do is right and just, and anyone who says otherwise is evil and must be destroyed.

    Just like their fans! Hiyooooo!

  • Anonymous

    Google is crying because someone finally explained to them the ramifications of their actions. They have their robots panicking now with some really insane rants. From the old CEO (“Apple sues because they’re jealous”),  to the head-legal guy that’s been sleeping the last couple years (“Apple & Microsoft teaming up means something fishy is going on”). They know Apple doesn’t want to license their IP & Microsoft does! That’s a lose-lose situation. Say “so-long” to that free concept!

    • Ian Gross

      What’s wrong with a free concept?

      • SBMobile

        Open doesn’t = free! Releasing something to the general public that every other companies charges a fee for is “anti-competitive” according to U.S. laws. Google just set themselves up for another anti-trust suit down the road. Apple wins & Microsoft laughs all the way to the bank.

  • Winski

    Looks, sounds and smells from afar like all the third graders on both coasts are working on getting their whining merit badges…. Microshaft screaming at Googlie and vice-versa then Googlie screaming back.. Just like the rethuglicons in congress playing who can hold your breath the longest…. What a cluster-f**k..

  • sirpaul

    The lawyers win.

  • Jordudeca

    I never enjoyed a smart phone experience until I.hit Android. Apple was boring, no variety, Microsoft blew..Android got it right and they’ve got my. Business for years to come

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  • Joe

    Show me one example where Google has initiated an erroneous patent lawsuit to protect an overly ambiguous patent. The truth is most software patents shouldn’t be granted and the only method companies like Microsoft and Apple are using to protect their interests is not innovation, but lawsuits that only stifle innovation. Software patents should barely ever be issued, and only on very detailed and unique elements to a product.

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