Absolutely spot on. That being said, in this rare occasion, I think John Gruber is raising points that needed to be raised. If you read Google's version of the story, it'd seem like Google is the champion of innovation and it is being targeted due to the success of Android, and crucially, it's in the customer's interest that these patents shouldn't be used against them. Well not really; it's basically in Google's interest. To say nothing about their own 3.14 billion dollar bid for Nortel's patent portfolio and then claiming that their true worth was 1 billion, being completely disingenuous.
it is being targeted due to the success of Android, and crucially, it's in the customer's interest that these patents shouldn't be used against them
The first is obviously true, and I'd argue the second is as well. An effective duopoly of iOS and WP7 would be bad for consumers in the short term due to decreased competition, and even worse in the long term due to the effects of all mainstream mobile platforms being locked down.
Well not really; it's basically in Google's interest.
Not mutually exclusive.
To say nothing about their own 3.14 billion dollar bid for Nortel's patent portfolio and then claiming that their true worth was 1 billion, being completely disingenuous.
How? Google's claim is that if the patent system were fixed, Nortel's patents would be worth much less than they are in the current environment.
"An effective duopoly of iOS and WP7 would be bad for consumers in the short term due to decreased competition, and even worse in the long term due to the effects of all mainstream mobile platforms being locked down."
I broadly agree with you on this count. However, I think that for us, the techie community, the fact that a majority of mobile platforms are locked might be an issue; for the average customer it is not.
"Not mutually exclusive."
Again agreed broadly but it can be argued that at the end of the day Google is a company chasing revenues (just like every other company) and not having to get involved in patent litigation is going to save "them" money. While the patent system might be broken, but as long as it's not fixed, Google has to play along (just like MSFT and AAPL). I just do not see how they can ever take the higher ground here, other than being miffed at missing the deal.
The true price of any commodity is not static, it is always dependent on competition/availability/demand etc. The patents might be worth 1 billion, but if Google offered in excess of 3 billion, they thought that it was worth the price "in the current environment". Also Google can claim that the patents were worth 1 billion, but they have a vested interest in portraying this as being the case. I am a little cynical of such claims.
It is in the customers interest that these patents not be used against Google. The patent trolling being done by Apple/Microsoft/etc against Google is raising (or at the very least attempting to raise) the price of Android phones.
Raising the cost of a product through litigation is not in the interest of customers.