[technoslut]

I don't think that Gruber was making a case for software patents. He has said in the past that he doesn't believe in them. His argument seemed to be that instead of Google lobbying to rid the world of software patents, they seemed to be playing the same game as MS, Apple & Oracle by bidding on the Nortel patents. It doesn't help Google's case that they're an investor in Intellectual Ventures as well.

He makes an interesting point that if software patents are valid then why should these other companies allow Google to use it and give away Android for free to undermine their own business.

It's all the more reason that the patent system needs to be reformed but it will never happen because there are too many powerful people involved that don't want to see it happen.

[hn_decay]

I don't think that Gruber was making a case for software patents.

But he was. He is arguing that only a small handful of patents -- those used to attack Apple and/or app store developers -- are the problem with the patent system. That is directly in the section quoted.

His argument seemed to be that instead of Google lobbying to rid the world of software patents, they seemed to be playing the same game as MS, Apple & Oracle by bidding on the Nortel patents.

Google is essentially the bitch of the patent world right now, simply because they're a younger company and a land claim occurred. They can both appeal for changes -- which that very blog entry does in droves -- while preparing for the reality that nothing is going to change overnight.

Google will likely acquire a lot of ammunition (the IBM purchase puts them in a very interesting position relative to Oracle, threatening Oracle's entire platform), make life painful for its competitors, and then will be in a position to call for change without everyone declaring, as they are now, that it is merely convenience.

[kenjackson]

Google is essentially the bitch of the patent world right now, simply because they're a younger company and a land claim occurred.

I think the real problem with Google is they're using open source technology. This makes yout a lot more susceptible to patent lawsuits.

Back when I used to control patent budgets one of our rules was that things we patented had to be discoverable. That is, if someone infringed, but it was hard to prove, it wasn't worth spending the money on a patent. Just keep it a trade secret. With Android everything is available by just looking at the source code repository. With iOS, WebOS, WP, and RIM, you have to do a fair bit more sleuthing to see if they're actually infringing.