Skyhook Wireless Sues Google Over Anti-Competitive Practices

dwightk writes "According to a lawsuit brought by Skyhook Wireless, Google allegedly forced Motorola, among other Android handset makers, to use Google's own location services instead of alternatives like Skyhook's. Quoting the lawsuit: 'In complete disregard of its common-law and statutory obligations, and in direct opposition to its public messaging encouraging open innovation, Google wielded its control over the Android operating system ... to force device manufacturers to use its technology rather than that of Skyhook, to terminate contractual obligations with Skyhook, and to otherwise force device manufacturers to sacrifice superior end user experience with Skyhook by threatening directly or indirectly to deny timely and equal access to evolving versions of the Android operating system and other Google mobile applications.'" John Gruber points out another interesting excerpt from the complaint regarding Google's procedure for determining Android compliance, which includes what Skyhook calls an "amorphous outline of additional, non-standardized requirements" that "effectively gives Google the ability to arbitrarily deem any software, feature or function 'non-compatible.'"

Comments

Re:Each day, Google. Each day.

[just_another_sean]

They haven't been found guilty yet. Totally agree with the sentiment of your post mind you, I
just think it's worth taking a wait and see approach on this one...

FUD

[Anonymous Coward]

1) This requirement only applies to Android that is bundled with Google's proprietary apps/services. If you take Android without Google's integration and market... you can use what you want.

2) There are many alternative markets out there.

3) You can use alternate location services in apps from the market...

4) Google tried to work with Skyhook requesting examples of their location data.... Skyhook refused... so since Google couldn't guarantee it would work with their services... etc

Re:FUD

[Drakino]

So why didn't Google issue a stop ship on the Samsung Fascinate, the Galaxy S on Verizon that removes all traces of Google search and replaces it with Bing? There is no option on the phone to revert it either, and the phone does include the Market, GMail, etc.

Re:Skyhook's funding ...

[Richard_at_work]

Now *thats* reaching....

Pretty simple

[augustz]

This is posted in the "Know your rights" section.

A couple of quick items:

- Android is released under the Apache license. So skyhook and any handset manufacturer, if they don't like the direction google is taking the platform, can do whatever they want to the software. This is the definition of open source.

- Conversely, open source doesn't mean skyhook can force a developer to do something. Lots of business who want to make money by inclusion in a project get upset when open source projects say no. See Reiser or any other open source bug tracker.

- On top of the apache licensed Android, Google provides a set of pretty popular apps (Google Apps). Most but not all manufacturers use those apps. My guess is that if you pick up these apps, then that is where google is saying you have to use their location based service. So far these apps are good enough people generally use them, but eventually Microsoft or some other big player will pay enough $$ to a manufacturer that google maps / google search etc will go away on some handsets.

- Google also offers the Android Market, another natural place of control. Many OS Distro's use marketplaces, update channels etc to monetize their platform. This also obviously creates lock-in.

- Almost every open source project doesn't let you take their brand with your changes. So if you want to make lots of changes you probably can't call your OS "Android" vs Sense or MotoBlur. This also is common to Mozilla, Redhat etc etc. Mozilla was really picky about this (see Iceweasel).

- Skyhook is suing Google for violating it's patents on doing location. This includes ""Server for Updating Location Beacon Database". Reading these patents will make you wish software patents were toned down a bit I think.

- Skyhook is itself not an open source contribution to the handset, but apparently a pretty costly proprietary app on top of the handset with big royalties and patents with no patent pledges. In other words, if someone tries to do location service and to give it away for free, prepare to be sued by Skyhook.

- Apple dropped Skyhook from the iphone 4 I believe? Be interesting to know why given they had been a customer and skyhook claims to have the best tech.

- Open source being "nice". Big business in open source seem to still plan on using the layers above to fight for $.

So some shades of grey in this :) Be interesting to see how the case evolves.

Re:Skyhook's funding ...

[Dr_Terminus]

You didn't finish... where's the link to Kevin Bacon?

Re:Each day, Google. Each day.

[timster]

You don't get anywhere by suing companies that decide not to use your product. The Google situation is not at all similar -- the allegation is that Google PREVENTED Motorola from using Skyhook's product.

I see a lot of dumb comments above about how Google shouldn't be forced to integrate Skyhook's location services, but this isn't about Google integrating Skyhook's location services. This is about Motorola choosing to use Skyhook on Android, and Google refusing to allow it.

Utterly False

[canajin56]

Here's what happened. Motorola agreed as part of the contract with Skyhook, to intentionally disable Google Location Service. Google says you cannot access the app store without all of Android being functional, and that they can't have Skyhook as the exclusive location software, and that it has to have both. Skyhook is making it out that Google Location spys on you without consent. (My Droid tells me how it works and asks if I'm sure I want to turn it on, and promises the info is anonymous, so that's a blatant lie). They also say that Google isn't saying it has to support both, they're saying it has to be always-on, which is false. Google Location Service is off by default on my phone, so I doubt there's a requirement that it can't ever be turned off. Further, my Droid phone came with a GPS Navigator software, and Layar Augmented Reality Browser, both of which show me the Skyhook logo when I run them, and both of which run fine with Google Location Services turned off, and in that case rely exclusivly on GPS and Skyhook data.

So I'm inclined to believe Skyhook is lying, or stupid. Skyhook tried to force Motorola to disable Google Location Service or else Skyhook would terminate their contract. Google said you can't do that or we won't let it on the app store, since without the full Android API we can't say the other location apps will work and it will harm the customers. Skyhook seems to be deliberately misstating this as Google Location Service being required to be "always on" and always spying on the user without consent (the repeatedly refer to it as tracking data without permission, and calling it a malicious and inferior product). Since my Samsung phone uses both Google Location Service and Skyhook, and since GLS is off by default AND doesn't mislead me, I'm inclined to believe that Skyhook is lying through their teeth.

Further, Skyhook said another draconian condition is that Motorola should have a box informing the user that Skyhook will be logging nearby WAP, just like the GOogle Location Service does when you turn it on. Skyhook says this is evil of them. Fucking hypocrites, lying and saying Google presents no information that GLS logs nearby wireless networks, and then having the gall to call being asked to do so themselves unreasonable.