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To defend Android, Google must attack software patents

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Re: To defend Android, Google must attack software patents

#31
post #3

I'd like to see them take that $4bn they would've spent on Nortel patents and use it for a patent reform campaign. I'm sure that kind of money could buy a lot of votes in DC.

Patents are just one of many ways that government destroys and prevents wealth. Government is increasingly a net loss when it grows beyond providing basic protections from physical violence and a trustworthy, competent judiciary. Long-term, Google might better spend its money working to reduce the overall size of government by funding Austrian educational efforts and libertarian candidates.

Re: To defend Android, Google must attack software patents

#32
post #28

Earlier quoted context omitted.

I expect Apple would much prefer iOS to have a duopoly with WP7 than with Android. Open platforms lead to messy disruptive innovations that can quickly dislodge established players.

[deleted]

Does the web count?

Re: To defend Android, Google must attack software patents

#33

Sure, they could throw $4B into a lobbying campaign against software patents. But there's no great reason to think it would be successful, and it probably wouldn't have any effect on previous patents. On the other hand, that would make a hell of a warchest for defending themselves in infringement suits...

But how would they convince stockholders? Spending $4 billion on a bid for patents where the ouctome is known versus a campaign that might work but goes against the system are very different things.

Re: To defend Android, Google must attack software patents

#36
The writer, who has indeed attacked software patents on previous occasions, omits a key step in his argument.

para 3 "Of course, that doesn't necessarily mean that Android infringes on anyone's patents.:" This is absolutely correct. But it doesn't mean that it doesn't either. And without examining the facts (a matter requiring a significant effort of time and effort and no small familiarity with patent law) it is impossible to know a priori whether the patents have been infringed upon.

"It simply indicates that the companies in question have done the sums and decided that it is probably cheaper in the long run to pay licensing fees now rather than risk losing a long and expensive patent infringement suit and end up paying much more later. " True. But without evidence and argument we still don't know if they settled because they (a) although they sincerely believed they were not infringing they didn't want to risk the legal process, or (b) they did believe they were infringing and whilst they would much rather not pay it was pointless to resist. All we can be confident of therefore is that (a) in either case their assessment of the risk has certainly been expertly evaluated by the best IP attorneys money can buy, and (b) those attorneys advised them to settle so they are unlikely to have been crystal clear it was blindingly obvious there was no infringement.

"In other words, these deals are mostly about the skewed incentives of the US patent system" This is a false conclusion. This statement is not a reasonable consequence of anything that proceeded it. It is rather a statement of the writer's opinion of the patent system. He has twisted the argument, with no supporting evidence, to support his cause.

The fact is that from the material he presents (practically nothing) we cannot draw any meaningful conclusions about the state of the patent system. He and/or we may have prior opinions about the subject but this paragraph is just another opinion masquerading as an argument.

Re: To defend Android, Google must attack software patents

#37
post #33

Sure, they could throw $4B into a lobbying campaign against software patents. But there's no great reason to think it would be successful, and it probably wouldn't have any effect on previous patents. On the other hand, that would make a hell of a warchest for defending themselves in infringement suits...

But how would they convince stockholders? Spending $4 billion on a bid for patents where the ouctome is known versus a campaign that might work but goes against the system are very different things.

I agree. That's why I'm saying using the money to defend against infringement suits as they arise makes more sense, instead of using it to try to change the system as a whole.

Re: To defend Android, Google must attack software patents

#38

The writer, who has indeed attacked software patents on previous occasions, omits a key step in his argument. para 3 "Of course, that doesn't necessarily mean that Android infringes on anyone's patents.:" This is absolutely correct. But it doesn't mean that it doesn't either. And without examining the facts (a matter requiring a significant effort of time and effort and no small familiarity with patent law) it is imp…

Of course you can draw meaningful conclusions. Given that all popular smartphone OS market players are in cross-licensing deals or lawsuits related to patents, and that a single licensing deal can cost $10 or more per handset, you can conclude that it's too expensive for small players to enter that market (since they will have no patent portfolio to negotiate with). This means that the smartphone OS market is effectively closed. That's harmful, no matter how you twist the argument.

Re: To defend Android, Google must attack software patents

#39
post #7
post #3

I'd like to see them take that $4bn they would've spent on Nortel patents and use it for a patent reform campaign. I'm sure that kind of money could buy a lot of votes in DC.

The fact that your last sentence is uncontroversial is really depressing. Everyone accepts that 'lobbying' is a polite word for 'bribery' and should be unacceptable in a modern democracy. We should all be on the damn streets about this.

Though I agree with your stance, the Citizens United supreme court case basically made it law that "money is speech".

Some folks knew the Roberts supreme court would essentially sell the US to corporate interests back in 2005 when he was confirmed.

Re: To defend Android, Google must attack software patents

#40
post #38

The writer, who has indeed attacked software patents on previous occasions, omits a key step in his argument. para 3 "Of course, that doesn't necessarily mean that Android infringes on anyone's patents.:" This is absolutely correct. But it doesn't mean that it doesn't either. And without examining the facts (a matter requiring a significant effort of time and effort and no small familiarity with patent law) it is imp…

Of course you can draw meaningful conclusions. Given that all popular smartphone OS market players are in cross-licensing deals or lawsuits related to patents, and that a single licensing deal can cost $10 or more per handset, you can conclude that it's too expensive for small players to enter that market (since they will have no patent portfolio to negotiate with). This means that the smartphone OS market is effecti…

So if I understand you correctly, even if someone has a meaningful valid patent and infringers on reviewing the patent agree that it is a valid patent, and even if the licensing terms are agreed to be reasonable by both parties, even in such a case you would still consider this to be in some sense wrong because the $10 handset license (which incidentally is still ridiculously cheaper than developing your own smartphone OS) is a competitive disadvantage to smaller would be handset manufacturers or network operators, even though that wouldn't seem to be the case because everyone else supplying android phones is paying the same fee? In fact, ironically having Android available for $10 a phone is a great deal for small suppliers. You are, however, quite happy to accept trashing someone's intellectual property rights, even if they are valid, because of some imagined competitive disadvantage? That doesn't seem to me to be a coherent position or a meaningful conclusion.
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