Bonum Certa Men Certa

Google Should Invest Wealth in Reformists, Not Patent Lawyers

What Google needs is disruption, not compliance and conformity

Christabel Pankhurst



Summary: Google's newly-found sources of cash should be used to remove software patents rather than make the whole system more toxic for everyone

GOOGLE has just announced that it activates over 550,000 Android devices per day. This pace keeps increasing at an amazing rate and Google's stock has just jumped through the roof, so it's easy to see why Microsoft and Apple are nervous. We're now at a crucial crossroad where Google can either decide to abolish software patents (to the degree possible, and possibly by liaising with others) or start getting "evil" by jumping on the patents treadmill, aka the Patents Cartel (because that's what it is -- a cartel). Apple bounced on this bandwagon a very long time ago and Microsoft only did so years ago. While some prefer tackling this serious issue with satire, others give us less humouring reports that indicate Google is replacing programmers with lawyers, or at least substituting growth priorities. This one article sheds light on the impact of patent lawyers inside Google. As we pointed out before -- even years ago -- it's an insidious transformation which put patents supporters at the heart of a company better known for its engineering. This is harming innovation and raising the cost of products everyone buys. We really ought to pressure Google to do the right thing as it will be increasingly tempted to shut the public out; that's what the lawyers Google is hiring would want. To necessitate their job they need to ensure Google dives deep inside the patent pools.



"We really ought to pressure Google to do the right thing as it will be increasingly tempted to shut the public out; that's what the lawyers Google is hiring would want."Microsoft and its patent trolls are suing and extorting for a living now (offence mode, with patents also going to Lodsys to innovatively attack apps with 'More Apps' links, owing to support from Microsoft's former CTO), whereas Google claims to be after patents for "defensive" purposes. That's what all companies that are winning call their patents. Well, the only defensive patent is one that self-destructs safely. Even Red Hat's patents are a threat because Red Hat might be sold one day, so the "defensive patent" excuse is rather lame. We have repeatedly asked Red Hat to provide legal assurance for such circumstances, but our suggestions fell on deaf ears around Mr. Fontana (whose loyalty to clients comes before ideology).

By means of deterrence, any patent -- whether offensive or not -- is an impediment to innovation and a recent study helped show this. Even patent lawyers paid attention rather than ignore it. From Patently-O:

James Bessen, A Generation of Software Patents Do patents benefit software firms? James Bessen examines this issue through both a survey of existing literature and a new empirical study. Bessen finds that although the number of software-related patents has grown rapidly over the past decade, the share of those patents obtained by software firms has remained relatively small, and is largely accounted for by the activity of a small number of large software firms. In other words, most software patents go to firms outside the software industry. Bessen also provides data that brings into question the value of patents to startup software firms and examines changes in the probability that a software patent will be involved in litigation during the first four years of its patent life.


Richard Waters, a longtime Microsoft apologist from the Financial Times, tries to dare Google into entering the patent wars (rather than abolishing those patents). For Google, any attempt to enter these wars would be foolish as it starts almost from 0. To provide some new numbers from this week's news:

During the earnings call after Google announced their Q2 2011 earnings today, a question was asked about the patent issues surrounding Google right now. Specifically, Android is under assault from Oracle as well as Microsoft and Apple. This is happening because Google only has roughly 700 patents, and they recently lost a bid to gain Nortel’s 6,000+ patents — with those going to, who else, Microsoft and Apple, among others. So what is Google going to do?


We have urged Google many times before to just put back the money it makes from everyone into defending everyone. Google can help everyone by putting an end to software patents, or at least trying to. The public would participate.

"We have urged Google many times before to just put back the money it makes from everyone into defending everyone."It is not too late for Google to reform the system and if it fails to do so things might get worse because Microsoft is likely going to send its mole in Nokia to attack Android phone makers (although not only Android is affected) after Nokia did this to Apple. Nokia and Apple are both part of the cartel, and both have been helping MPEG-LA. Watch what Apple is doing thanks to the incompetence of the USPTO: "Apple's policy of trying to claim the patents for as many Android features as possible has continued with the blessing of the US Patent Office.

"Jobs' Mob is unhappy that it is losing market share to Android and appears to be applying for as many patents as possible to patent troll the operating system out of the market.

"What is alarming is thanks to the vagaries of the US Patent system it appears to be getting away with it.

"Yesterday the US Patent and Trademark office gave Apple a patent which covers that nifty way that smartphones can turn from a portrait to a landscape by turning."

"Losing Apple Wants To Ban Competitors," says Muktware, which furthermore states that the "Court Questions Oracle's Damage Reports" (Oracle is close to Apple, via the CEOs):

Software patent troll Microsoft's PR machine is pumping as much mis-information as it can, oracling Oracle's victory in Android court case. The reality is, Oracle is facing one after other set-backs in the case. After USPTO's rejection of a majority of Oracle's patents, the court refused to buy Iain Cockburn's report and asked both parties (Google and Oracle) to name two experts to verify damages.


The reason Techrights can no longer concentrate on Novell and Microsoft in isolation is that there is a big problem behind all of these embodiments and to personify the problem made sense until some time last year when Oracle and Apple both attacked Android, showing their willingness to derail competition in truly nefarious ways. Google ought to know what the permanent solution will be; it's not about winning a case here and there or even invalidating a patent here and there. Google needs to end all software patents in one fell swoop. The USPTO has lost the plot, as we shall show in a later post.

Recent Techrights' Posts

Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
 
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day