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by chocopuff 5435 days ago
oh so it's good if Google's buying the patents?

the hypocrisy.

4 comments

It was never about buying patents but about how a company uses those patents.

To my knowledge, Google was never in the offensive with their patents. They are stocking up to defend themselves.

They'll turn eventually. Google is great at the moment and will continue to be such for some time I think, but once a company gets big enough lawyers and HR types start to infect the organization and the clock starts ticking.

And when they do, they'll have all these patents!

edit: To clarify, I think it was a good idea they got these patents, but as for being used offensively I think the question is "how long until" rather than "if".

"They'll turn eventually."

IBM, with over 45,000 patents, could easily and completely shut down every single aspect of the technology industry if they wanted. The fact that they haven't in its 100 years is a testament to the clearly more superior way of competing in the market to win out.

IBM has a history of using patents to extort money:

http://www.forbes.com/asap/2002/0624/044.html

To the tune, if memory serves, of about $1b a year in the late 1990s. Though that number is challenged (estimated at closer to $135m/year): http://www.iam-magazine.com/blog/Detail.aspx?g=9be3f156-79b1...
And on the other hand Intellectual Ventures set out to provide a mechanism for preventing patent abuse by letting small companies use IVs patents to protect themselves yes have turned out to be the biggest trolls going.

It's all supposing and it could go either way but early intentions only count for so much.

I'd like it if Google held their principals but it's hard to look at them and not see their principals eroding just a little bit over time and wonder if this might be one of them.

After all, they have a relatively weak portfolio right now and you could argue that their lack of offensive action to date is as much a case of them bringing a knife to a gun fight as a matter of principal.

I think you mean principle - an accepted or professed rule of action or conduct. Principal means leader/most important.
FPWM.
Call me an optimist, but I don't see it happening with Larry in charge. Sure, they'll countersue Apple/Oracle/whoever, but I honestly don't see a Larry-run Google attacking competitors with patents outside of countersuits.
Sun never offensively used patents, despite having an impressive pile of them. Then they got bought, and Oracle started suing.

I like Google, and I see that they need this deterrence, but let's not pretend that bad stuff can't happen.

We could surely use something like GPL for patents.
To put on the Devil advocate's horns:

Those patents will be used to protect Google from a company suing them, when Google arguably copied their product (iPhone, iPad) which was totally new under the sun.

Yes, the patent system is fscked but there must be some protection for companies inventing new ways of doing things.

"... (iPhone, iPad) which was totally new under the sun."

No, the iPhone and iPad and all of Apple's products have been built upon ideas and inventions created by others outside of Apple. If I was made of time and money, I'd wander through the patents held by Microsoft, IBM, Cisco, Intellectual Ventures, Nortel (Apple only recently got rights to their patents), HP, HTC, Samsung, Nokia, and the hundreds of other companies (trolls and product companies alike) and document the thousands upon thousands of patents that cover aspects of the Phone and IP

Then I would go through all the public records and and to the best of my ability guess how many of these patents were actually licensed by Apple prior to selling the IPhone and IPad.

My guess? (It is nothing but a guess, but still) I'd expect Apple incorporates 100,000's of thousands of patented features. And I would be shocked if they licensed anything over 50 percent of these patents.

Why do I think their license rate would be that high? I would guess they have a cross license agreement with IBM, TI, and Microsoft, which might cover nearly that many of the infringing patents.

Anyway, I had to respond when someone claims these products were "totally new under the sun".

>>No, the iPhone and iPad and all of Apple's products have been built upon ideas and inventions created by others outside of Apple.

They also incorporated steel -- an invention centuries (millennia?) old...

Point was, they did something new with the iPhone. The same thing with the iPad, when they invented a way to make tablets which people would pay money to use.

>>I had to respond when someone claims these products were "totally new under the sun".

You really didn't get the point...?

Apple did not invent the tablet computer. Tablet computer's existed even before the iPad. Even a start up by the name Fusion Garage launched joojoo before Apple launched the iPad. Just because Apple's tablet has succeeded in cornering a large part of the market doesn't mean they were the first at it. In fact, Apple has no manufacturing capacity. It outsources all of its manufacturing. It is just a marketing and retailing company.
Ideas are worth nothing. Execution is. Touchscreen phones were nothing new, it was just that Apple built the first one that was actually fun to use. And as their reward they've made quite a bit of money.
There must be some form of intellectual protection for books, painters and user interfaces.

Every manufacturer had failed for many years to build something really good -- and the ones without internal problems (Nokia, Microsoft) copied Apple's ideas to compete. So ideas aren't "worthless".

The ones doing the copying might end up eating Apple's lunch.

You can make an argument for that real innovation (not moving libraries from IE into the operating system) should have some form of protection.

(-: I'm doing a Devil's advocate here, thanks for the down votes, people... :-)

Again, iPhone is a great example on how execution matters. It was introduced in 2007, and only now other companies are starting to catch up.

Not having a monopoly means Apple also has to keep improving their stuff.

To my knowledge Google has never used a patent offensively.

I assume that your comment is referencing things like the recent nortel patents with Apple and Microsoft.

Well, you can't even remotely say that those companies haven't used patents offensively.

I really don't think it's hypocrisy until Google starts behaving like Apple and Microsoft when it comes to patents.

Do you really not believe there to be a difference?

If they go through a rough patch and get acquired or there is a change of management, it could happen. Patent reform is what we need, NOT anti-competitive patent stockpiling.
The Google Trio holds over 50% of the voting stocks.
No. I'm not referring to the Nortel Patents. Google already owns patents and none of them was used offensively.
My comment is a reply to chocopuff, not you.
Neither has MS, until their backs were against the wall.
How was MS had a back against a wall? They went after Android phones for patent infringement. They extorted money from Amazon for Kindle. And now they suing Barnes & Noble as well. And they have spread FUD about the Linux kernel violating their patents but have so far refused to be specific about what patents they are talking about.

It seems to me that MS is as much predator as prey.

Their share price has been going badly. Employee stock options are no longer an effective way to retain people, and they are losing long term employees to the likes of FB and G.
Thanks. And please forgive me the quality of my posting (I wrote it before getting my morning caffeine).
no offense taken. This is the problem with defensive patents. A company would be remiss to their shareholders if they didn't deploy it offensively when things don't go their way.
I might get some down votes for that, but I really wonder when people will realize that Google is just a company, not a religion of sorts. (same applies to everyone else btw)
I don't think people are taking them as a religion (at least I hope not). It is more along the lines that it seems the people at Google are still mostly trying to make the Internet and technology a better place rather than only worrying about profits.

Of course, they do care about profits, but it isn't their only agenda. This is why Google owning the patents isn't a major deal. There is no history of using the patents to get rid of competitors or to make a quick buck. They pull them out of the closet to defend themselves from other patent lawsuits. I am certain that if Google started going after various companies over mundane patents, the view of them will change very quickly and you wouldn't see very many people defending them.

" It is more along the lines that it seems the people at Google are still mostly trying to make the Internet and technology a better place rather than only worrying about profits."

I'd rephrase that slightly: Google's has interests that are aligned with an open, diverse, and free Internet. They'll make the most money if the Internet thrives. Companies like Facebook, Apple, and Microsoft would make more money if they had a controlled walled garden under their control.

That's why Google is different, IMO.

Google, Apple & MS have all done good and bad. I'm still wondering why Google sided with Verizon against net neutrality. It certainly didn't seem like they were looking out for the best interests of the consumer.

These companies are still businesses and, when faced with the choice of what is better for them or for the greater good, I expect them to choose themselves.

>I'm still wondering why Google sided with Verizon against net neutrality.

They didn't. They got Verizon to agree to a compromise position on net neutrality.

I didn't take it as much of a compromise on Verizon's part and very few, if any, did at the time. Looking at the effects of this legislation today, the only winner has been the carriers.
In fact what Google and Vrizon put forward was only a proposal far from being a binding agreement. Their joint proposal was intended to bring more clarity in the area of net neutrality as opposed to void in the absence of any law in that respect.
It's not about whether Google is good or bad, or doing good or bad things.

In the US, patents are allowed for the sole purpose of encouraging innovation. In the case of Android, Google's work is in danger of being halted, and in a way that does not clearly make it easier for their competitors to innovate more with less competition. Thus, the software patents being used against Google are likely to have the opposite of their intended effect, unless Google can force a stalemate by gathering their own patent war chest.

If we didn't have all these software patents, all the money going to litigation could be invested in the real business of making products, which would be a net win as long as there are market forces spurring innovation.

(Another way of looking at it is that software is cheap enough to develop that companies don't need decades of market exclusivity to recoup their costs. The fundamental computer science R&D needed for a cell phone software platform is negligible compared to the QA costs of making it production-ready, and those QA costs are already well-protected by copyright.)

Has Google filed any offensive patent lawsuits yet? If so, I missed it.