Did Google Screw Motorola And Everyone Over?

[WenWM]

When I read the article we originally posted, I wanted to understand why we had come to this where Microsoft (who usually is the one that is getting sued) is suing Motorola (their previous partner).

I went everywhere reading articles about Android and companies that have been sued in its direction and have figured out that it seems Google might be at fault. It's sad for me to say this but Google really screwed their partners with some parts of Android, and Microsoft being their big old self owns a lot of software rights. These rights were read over by HTC and they began paying a price to Microsoft which actually kept them safe from Apple and their dumb patents that no one should respect.

Either way I put it, this comment left on Engadget cannot be better at summing up this whole thing so people might understand it a bit more.

Android infringes on patents from Oracle, Apple, Microsoft, and Skyhook. I'm surprised the article doesn't mention this to remind people who the real culprit is...Im sorry, but Google completely screwed up big time and the hardware manufacturers have to pay for this. the manufacturers knew the risks of going with an OS that has no support program in place (that's what comes with no licensing fee)

Microsoft did not want to sue motorola, it was a last resort. they were in patent licensing discussions.....I'd like to remind everyone that HTC pays a licensing fee to microsoft because android infringes on microsoft patents (meaning HTC agrees with microsoft that android infringes on MS patents)..... when this deal happened, microsoft stated they are talking to to the others

Slashgear
HTC agreed with microsoft, and their deal validates the Microsoft patents.

"“Microsoft has a decades-long record of investment in software platforms. As a result, we have built a significant patent portfolio in this field, and we have a responsibility to our customers, partners, and shareholders to ensure that competitors do not free ride on our innovations. We have also consistently taken a proactive approach to licensing to resolve IP infringement by other companies, and have been talking with several device manufacturers to address our concerns relative to the Android mobile platform.”"

when htc did this licensing deal, Microsoft stated that they are "working with other android manufacturers to get licensing deals done." Microsoft tries to not sue, theyre usually GETTING sued.

It looks like Microsoft has the upper hand in court because HTC validated their patents by enterring a licensing deal.

Since android has no licensing fee, google doesn't provide an indemnification program. Meaning, they dont support the OS, legally or technically. You really do get what you pay for here.

oracle suing google because of android infringing on patents:
Cnet

apple suing HTC because of android infringing on patents:
Engadget

HTC enters licensing agreement because of android infringing Microsoft patents: Slashgear

Skyhook sues Google for business interference and patent infringement in Android: Engadget

With all this in mind, do you think Google screwed over Motorola in this case or do you still think Microsoft is just being petty? Do you understand why the open source choice was made by Google?

 

[cj100570]

It's more likely that these companies simply don't want to get caught up in never-ending litigation and find it easier to just pay for it to go away. If Microsoft really believes Android infringes on their patents they should sue Google. But we all know they won't because Google has pockets deep enough to vigorously defend itself. HTC and Motorola aren't small companies but they don't have Google money and they need to maintain good relations with Microsoft.

 

[WenWM]

It's more likely that these companies simply don't want to get caught up in never-ending litigation and find it easier to just pay for it to go away. If Microsoft really believes Android infringes on their patents they should sue Google. But we all know they won't because Google has pockets deep enough to vigorously defend itself. HTC and Motorola aren't small companies but they don't have Google money and they need to maintain good relations with Microsoft.

Here is where Google is smart....
Microsoft can't sue them. They are practically untouchable...
Android is free and open sources, which means Google technically is not making money from it. Which makes them pretty much unsueable in this situation as far as I know. Now if Google made Android a paid service... Apple, Microsoft, Orecal, and everyone else could go at them randomly and recklessly.

 

[heem]

Sorry.. but just because one company agrees to fall for overstepping patent abuse does NOT validate the patent. Not in court OR in logic.

 

[cj100570]

Giving it away for free doesnt absolve them of liability. Infringement can be proven simply by showing that Google knowingly and willingly included features that are valid patents held by another entity. Microsoft is simply aiming for the low man on the totem pole. I'd like to see them aim their lawyers at Samsung since obviously they must violating MS patents too. But somehow I'm betting that won't happen since Samsung is also as large as they are.

 

[heem]

....features that are valid patents held by another entity....

Key word is valid. Microsoft has been crying about their patents existing in Linux for years, but has yet to prove it.

 

[tktouch12]

that sucks and htc backing the patents up hurt, but google was smart to leave themselves safe (big jerks).

the good news is that HTC (my favorite android phone producer (hardware and software wise)) is safe from these

 

[cj100570]

....features that are valid patents held by another entity....

Key word is valid. Microsoft has been crying about their patents existing in Linux for years, but has yet to prove it.

You hit the nail right on the head! Microsoft is full of (s)ugar (h)oney (i)ce (t)ea!

 

[dverplank]

Some of these patents are rediculous. It is one thing when you have implemented an idea and have it work and be functional, but to draw it on paper with no idea how to make it work is BS. However, based on microsofts history, they have probably done their dudiligence and are in the right.
I think google has done a lot to bring a quality OS to the table to create better products for everyone. Microsoft, Apple, and Google are all needed here. "The Big Three" lets work together people.

 

[tiggerxplur]

can someone dumb this down a bit i dont understand at all

 

[heem]

htc backing the patents up hurt

Believing that HTC purchasing a patent 'license' (extortion) meaning ANYTHING legally is akin to believing that if your grandmother sent money to a Nigerian scammer, then there must really be a Prince that needs your help exporting millions of dollars...

 

[Canadroid]

The nine patents in question in the ITC complaint include:

• 5,579,517: Common name space for long and short filenames
• 5,758,352: Common name space for long and short filenames
• 6,621,746: Monitoring entropic conditions of a flash memory device as an indicator for invoking erasure operations
• 6,826,762: Radio interface layer in a cell phone with a set of APIs having a hardware-independent proxy layer and a hardware-specific driver layer
• 6,909,910: Method and system for managing changes to a contact database
• 7,644,376: Flexible architecture for notifying applications of state changes
• 5,664,133: Context sensitive menu system/menu behavior
• 6,578,054: Method and system for supporting off-line mode of operation and synchronization using resource state information
• 6,370,566: Generating meeting requests and group scheduling from a mobile device

Is MS claiming that because Android OS can perform these functions at all it's infringement, or that the OS has it coded in such a manner that it's viewed as infringement?

 

[Pandemic187]

They can already blatantly infringe on your patents. They have so many of their own patents that are so overly broad and so obvious that there's absolutely no hope whatsoever for any program or system of even modest complexity to not be infringing on several of them.

Just look at the patents involved in this discussion. Are we really meant to believe that it is somehow acceptable, justified, and morally imperative for Microsoft to claim the exclusive right to mobile email synchronization?

You can't do anything at all without violating software patents. As a small company, any patents that you have offer zero protection.

"Hey Microsoft, stop infringing on our patent!"
"Oh hello you adorable little company. Guess who is infringing on hundreds upon hundreds of our tenuous software patents? That's right, you are!"

And then you just end up giving them the right to your little nonsense patent anyway, and probably pay them significant licensing fees for their piles of nonsense in the process. The entire system is broken, and abolishing software patents wouldn't hurt small innovators in the slightest--quite the contrary actually.

Here we have a very large company trying to extort money from a smaller company for having the audacity to use Android to compete against a Windows Mobile platform that was effectively abandoned. Does anyone out there really think that competitive interests are being served here? Does anyone out there really think that Microsoft deserves a cut of Android profits simply because they filed paperwork regarding the obvious idea of mobile email? Would the mobile world be a better place if the Android developers had said "Well, Microsoft has effectively patented mobile email. I guess they get to be the only operating system in the game for a while."?

Patents are meant to encourage and protect innovation. Software patents are doing the opposite.

I can't imagine putting my own thoughts to better words. This guy said it perfectly.

 

[alquimista]

Open handset alliance;
Alliance Members | Open Handset Alliance

Android isn't just Google.

Just thought I'd point that out before this debate continued.

 

[Pandemic187]

....features that are valid patents held by another entity....

Key word is valid. Microsoft has been crying about their patents existing in Linux for years, but has yet to prove it.

can someone dumb this down a bit i dont understand at all

Microsoft has decided to sue Motorola for the use mobile sync of things like Calendar and e-mail. Candroid's post lists the specific patents, but what I've mentioned is basically what it comes down to.

The idea of Motorola paying MS to include the GMail app in Android is so screwed up I can't even begin to get into it. All I can say is read my previous post.