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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024