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.
To defend Android, Google must attack software patents
31–40 of 57 posts
Re: To defend Android, Google must attack software patents
#32Re: To defend Android, Google must attack software patents
#33Sure, 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...
Re: To defend Android, Google must attack software patents
#34Re: To defend Android, Google must attack software patents
#35Re: To defend Android, Google must attack software patents
#36para 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
#37Sure, 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
#38The 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…
Re: To defend Android, Google must attack software patents
#39I'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.
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
#40The 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…