Linked by Thom Holwerda on Mon 15th Aug 2011 12:04 UTC
Google Okay once again I'm breaking my own one-week time-off from OSNews due to, you know, taking a break and being too busy with other things, but this one is big - very big. Also, only the second time in OSNews history we've used the 'breaking'-tag. Google has just announced it is going to buy Motorola Mobility for $12.5 billion (more here). While providing Google with a dedicated mobile phone business, it also gives Google ownership of one of the most valuable mobile technology patent portfolios in existence. Update: Responses from the Android ecosystem are positive. HTC: "We welcome the news of today's acquisition, which demonstrates that Google is deeply committed to defending Android, its partners, and the entire ecosystem." Sony Ericsson & LG: "We welcome Google's commitment to defending Android and its partners."
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Comment by shmerl
by shmerl on Mon 15th Aug 2011 16:13 UTC
shmerl
Member since:
2010-06-08

Now, is Google going to be consistent with claiming that they aren't evil, and granting Motorola's mobile patents as DPL (Defensive Patent License) benefiting all open source communities in general?

Reply Score: 2

RE: Comment by shmerl
by Beta on Mon 15th Aug 2011 16:31 in reply to "Comment by shmerl"
Beta Member since:
2005-07-06

Now, is Google going to be consistent with claiming that they aren't evil, and granting Motorola's mobile patents as DPL (Defensive Patent License) benefiting all open source communities in general?


Their WebM move shows they have done it before, and can do it again.

Reply Parent Score: 5

RE[2]: Comment by shmerl
by shmerl on Mon 15th Aug 2011 16:33 in reply to "RE: Comment by shmerl"
shmerl Member since:
2010-06-08

This might be slightly different. Google is yet to show how they feel about Meego for example. And granting Motorola's patents as DPL can benefit all mobile open source field, not just Android alone.

Reply Parent Score: 3

RE: Comment by shmerl
by lemur2 on Mon 15th Aug 2011 23:31 in reply to "Comment by shmerl"
lemur2 Member since:
2007-02-17

Now, is Google going to be consistent with claiming that they aren't evil, and granting Motorola's mobile patents as DPL (Defensive Patent License) benefiting all open source communities in general?


Google is already a member of two community patent pools.

WebM has a patent pool, of which Google is the main member:

http://news.cnet.com/8301-30685_3-20056579-264.html

Then there is the OIN patent pool, of which Google is already also a member:

http://www.openinventionnetwork.com/licensees.php

This means that after Google buys MMI, because of the way that these community patent pools operate, all of MMI's relevant patents will become licensed to all other members of those pools. Google won't be able to sue any of them.

It also means that if Microsoft and/or Apple were to join the OIN, Google won't be able to sue them either, and they would also not be able to sue Google.

Patent MAD war over. Everybody would win (except patent lawyers).

Edited 2011-08-15 23:39 UTC

Reply Parent Score: 2

RE[2]: Comment by shmerl
by TechGeek on Tue 16th Aug 2011 00:11 in reply to "RE: Comment by shmerl"
TechGeek Member since:
2006-01-14

While I believe you are right on the surface, both Oracle and Google are OIN members. Yet Oracle is suing Google over an open source project. Not really sure how its suppose to work.

Reply Parent Score: 2

RE[2]: Comment by shmerl
by galvanash on Tue 16th Aug 2011 00:12 in reply to "RE: Comment by shmerl"
galvanash Member since:
2006-01-25

This means that after Google buys MMI, because of the way that these community patent pools operate, all of MMI's relevant patents will become licensed to all other members of those pools. Google won't be able to sue any of them.


That is not my understanding. I wish you were right, but my understanding is:

1. The WebM pool is only relevant for patents that are applicable to WebM - MMI certainly may have some patents that fall into that category, but the vast majority are certainly not related to WebM at all.

2. The OIN does not prohibit members from suing each other - that is just not true at all. It prohibits members from filing suit over Linux. Now what exactly that means when boiled down to legalize I'm not entirely sure, but it certainly does not preclude members from suing each other if it is NOT related to Linux.

More importantly, it does not require members to donate any of their patents to the pool - they certainly can if they want to, but they are merely required to license the members of the pool to any patent that is applicable to Linux (which in reality simply means members cannot sue each other over Linux). As such the majority of MMIs patents (which are mostly patents on communication technology) are not relevant.

Reply Parent Score: 2