September 13, 2011 at 14:04Flock of hungry wolves
The situation with patent claims in the United States has reached its peak - many people who monitor the situation in the IT industry and the reaction of lawyers of large companies to every takeover / step to the side / jump in place will agree with this statement. It is not surprising that some organizations in this already international dispute act as sheep and others as wolves; this separation of forces was, in a sense, the starting point of the situation.
The reason for the next aggressive step on the part of Apple, squeezing Android's position in the market (it’s just silly to dispute this in the light of current events), was Google’s takeover of Motorola's telephone division. Two lawsuits were filed with the court because Motorola, due to the sale of a valuable asset (acquired by Google solely for the sake of 17,000 registered Moto patents), no longer has any rights to devices still issued to it, and therefore is extremely vulnerable. Google will enter full ownership of the purchase at the turn of next year, but it seems possible to tear the skin from a sheep right now.
Florian Muller Patent Watcheracross the ocean wrote that on Friday Apple filled out official papers and will argue in court, arguing that Motorola Mobility has already transferred control of its patents to Google. This is a very interesting situation, since in fact Moto no longer has the right to: 1. respond with a lawsuit against any of its patents; 2. conduct an adequate litigation; 3. Licensing or sublicensing own patents, with the exception of specific situations related to the company's products; 4. register their own rights in (now no longer) their patents; 5. guarantee the absence of claims for violation of their own claims. In other words, Motorola cannot do absolutely nothing for Apple’s own protection, and Google, as you know, occupies two positions: “Do no harm” and “Defensive patent use”, which can be translated into Russian, as:
True, Google already realized that in the real world everything is not as idyllic as they imagined during the initiation of the Open Handset Alliance concern, within the framework of which Android is being developed and devices working on this mobile axis are licensed / produced. In a real and cruel world, they will attack you from all possible and accessible sides, while smiling in the face. In my opinion, this is what is happening with Google now, forcing HTC to transfer patent management for its own defense in Apple’s court. Even Samsung, despite its own size / influence and means, is no longer able to lift the ban on the sale of devices (Galaxy Tab) in Germany, which is a very bad precedent for the entire Android ecosystem. David Drummond was very sorry about this.
Steve Jobs has repeatedly said that software is the soul of the device, but it seems that these words were really heard only recently. Oracle and Microsoft, armed with their own portfolios with patent bricks, began to hit on the heads of everyone who has at least the slightest relation to competitive products - from individual developers (the practice of small lawsuits began with them), to companies like Motorola in transition and actually lacking the strength and resources to resist.
But if the developers are able to unite in order to fight back (as those who develop applications for iOS and now the same mod pumped into the sphere of Android did), then Google, trying to capture new areas of the market, the fight against heavyweights may not be too tough .
It is possible that HTC, which has sublicensed some of the patents from Google’s arsenal, will not be able to fail in the US or Europe due to the sales ban - today this measure of restraint seems the most likely of all. But Motorola, which turned out to be a stumbling block, has long been trying to fight off Microsoft, which has become angry because it was once the largest (statistically true now, but I think the subjective feeling is much more important here) mobile phone maker opted for Android rather than Windows Mobile, overgrown with Windows Phone. If the lawsuit drags on until the final transfer of all Motorola property to Google, then we will see how the two giants clash in a legal battle.
And, strangely enough, all this can end up very, very dramatic for Google, trying to make Android the 1st OS worldwide. If lawsuits are poured in her direction (as the owner of Moto) from Apple and MS, and Oracle decides to finish the case with the endless litigation around using the Java virtual machine on low-end Android devices, Google may not be able to cope with the increasing pressure on Android. Let me remind you - Microsoft also has serious complaints against the company Barnes & Noble, which produces Nook and Nook Color, again through the OS.
In my opinion, it’s the unattractive situation around Android that’s the true reason HTC may want topurchase your own mobile axis - this way it will avoid the role of the double agent, which it now performs releasing devices both on MS products and the Google team. Out of sight, out of my heart.
On the other hand, under the prevailing multiculturalism in the mobile device market, to which all analysts predict fantastic growth in the next decade and crowding out the usual personal computers, Google (now actively restructuring and not sparing money for acquisitions) can be very far-sighted. The main problem of Google, as well as Samsung, HTC and some other companies, is that from a legal point of view, they do not have sufficient intellectual capital to feel at ease in the conservative market. The purchase of Motorola, together with the team that developed the same Razr (a revolutionary tube for its day) and a massive portfolio for $ 12,000,000,000, is a very smart move, but you need to be even smarter. If the main problem is the lack of a status quo,
This system is already unbalanced - and absolutely all market participants know about it. But until the situation is resolved at the state level (and this is what should happen for a radical change, because patents were not invented by private companies - they were invented by the government, relatively speaking), those who have big capital will slowly squeeze out young companies from the market. Even despite the fact that for an adequate person, this whole story is nothing more than a farce.
This is a theatrical performance in which those who own what they did not create (do not forget that almost all such claims are based on claims to the software architecture and / or software part of any invention, which in an ultimatum is an attempt to condemn a neighbor a school desk, which, like you, came to the conclusion that 2 + 2 = 4) they are trying to prove that others who do not own what they did not create violate their rights.
I’m not a fan of Apple or Google, I’m just trying to objectively consider a situation in which I don’t like that someone shows his teeth and bites not because he hasn’t eaten for a long time, but because he is pathologically unable to get enough.
The reason for the next aggressive step on the part of Apple, squeezing Android's position in the market (it’s just silly to dispute this in the light of current events), was Google’s takeover of Motorola's telephone division. Two lawsuits were filed with the court because Motorola, due to the sale of a valuable asset (acquired by Google solely for the sake of 17,000 registered Moto patents), no longer has any rights to devices still issued to it, and therefore is extremely vulnerable. Google will enter full ownership of the purchase at the turn of next year, but it seems possible to tear the skin from a sheep right now.
Florian Muller Patent Watcheracross the ocean wrote that on Friday Apple filled out official papers and will argue in court, arguing that Motorola Mobility has already transferred control of its patents to Google. This is a very interesting situation, since in fact Moto no longer has the right to: 1. respond with a lawsuit against any of its patents; 2. conduct an adequate litigation; 3. Licensing or sublicensing own patents, with the exception of specific situations related to the company's products; 4. register their own rights in (now no longer) their patents; 5. guarantee the absence of claims for violation of their own claims. In other words, Motorola cannot do absolutely nothing for Apple’s own protection, and Google, as you know, occupies two positions: “Do no harm” and “Defensive patent use”, which can be translated into Russian, as:
True, Google already realized that in the real world everything is not as idyllic as they imagined during the initiation of the Open Handset Alliance concern, within the framework of which Android is being developed and devices working on this mobile axis are licensed / produced. In a real and cruel world, they will attack you from all possible and accessible sides, while smiling in the face. In my opinion, this is what is happening with Google now, forcing HTC to transfer patent management for its own defense in Apple’s court. Even Samsung, despite its own size / influence and means, is no longer able to lift the ban on the sale of devices (Galaxy Tab) in Germany, which is a very bad precedent for the entire Android ecosystem. David Drummond was very sorry about this.
Steve Jobs has repeatedly said that software is the soul of the device, but it seems that these words were really heard only recently. Oracle and Microsoft, armed with their own portfolios with patent bricks, began to hit on the heads of everyone who has at least the slightest relation to competitive products - from individual developers (the practice of small lawsuits began with them), to companies like Motorola in transition and actually lacking the strength and resources to resist.
But if the developers are able to unite in order to fight back (as those who develop applications for iOS and now the same mod pumped into the sphere of Android did), then Google, trying to capture new areas of the market, the fight against heavyweights may not be too tough .
It is possible that HTC, which has sublicensed some of the patents from Google’s arsenal, will not be able to fail in the US or Europe due to the sales ban - today this measure of restraint seems the most likely of all. But Motorola, which turned out to be a stumbling block, has long been trying to fight off Microsoft, which has become angry because it was once the largest (statistically true now, but I think the subjective feeling is much more important here) mobile phone maker opted for Android rather than Windows Mobile, overgrown with Windows Phone. If the lawsuit drags on until the final transfer of all Motorola property to Google, then we will see how the two giants clash in a legal battle.
And, strangely enough, all this can end up very, very dramatic for Google, trying to make Android the 1st OS worldwide. If lawsuits are poured in her direction (as the owner of Moto) from Apple and MS, and Oracle decides to finish the case with the endless litigation around using the Java virtual machine on low-end Android devices, Google may not be able to cope with the increasing pressure on Android. Let me remind you - Microsoft also has serious complaints against the company Barnes & Noble, which produces Nook and Nook Color, again through the OS.
In my opinion, it’s the unattractive situation around Android that’s the true reason HTC may want topurchase your own mobile axis - this way it will avoid the role of the double agent, which it now performs releasing devices both on MS products and the Google team. Out of sight, out of my heart.
On the other hand, under the prevailing multiculturalism in the mobile device market, to which all analysts predict fantastic growth in the next decade and crowding out the usual personal computers, Google (now actively restructuring and not sparing money for acquisitions) can be very far-sighted. The main problem of Google, as well as Samsung, HTC and some other companies, is that from a legal point of view, they do not have sufficient intellectual capital to feel at ease in the conservative market. The purchase of Motorola, together with the team that developed the same Razr (a revolutionary tube for its day) and a massive portfolio for $ 12,000,000,000, is a very smart move, but you need to be even smarter. If the main problem is the lack of a status quo,
This system is already unbalanced - and absolutely all market participants know about it. But until the situation is resolved at the state level (and this is what should happen for a radical change, because patents were not invented by private companies - they were invented by the government, relatively speaking), those who have big capital will slowly squeeze out young companies from the market. Even despite the fact that for an adequate person, this whole story is nothing more than a farce.
This is a theatrical performance in which those who own what they did not create (do not forget that almost all such claims are based on claims to the software architecture and / or software part of any invention, which in an ultimatum is an attempt to condemn a neighbor a school desk, which, like you, came to the conclusion that 2 + 2 = 4) they are trying to prove that others who do not own what they did not create violate their rights.
I’m not a fan of Apple or Google, I’m just trying to objectively consider a situation in which I don’t like that someone shows his teeth and bites not because he hasn’t eaten for a long time, but because he is pathologically unable to get enough.