[joebadmo]

That argument is fair and interesting, but it has no bearing on the current issue:

"So if Google had acquired the rights to these patents, that would have been OK."

It's in no way hypocritical for Google to try to acquire the patents and then, on subsequent failure, condemn their acquisition by the opposing consortium.

I'd be willing to entertain arguments along the lines of Google's anti-competitive behavior, but I find their stance on patents is cogent and consistent. I find Gruber's argument to be, OTOH, totally disingenuous.