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Judge Dismisses Google's Complaint Over Android Code Viewing

CWmike writes "A U.S. trade judge has rejected Google's move to block the testimony of a Microsoft expert witness in the dispute with Motorola over patents allegedly used by Android. Last week, Google accused Microsoft of violating a confidentiality agreement struck between Microsoft, Motorola and Google in the ITC case. The judge rejected Google's motion on Monday. 'The ALJ [Administrative Law Judge] finds no basis to discern from Google's statement whether Google made a reasonable, good-faith effort to resolve the matter with Microsoft,' he wrote in his ruling."

21 of 87 comments (clear)

  1. No standing? by wsxyz · · Score: 2, Insightful

    What I get out of this is that the judge says that it's none of Google's business because the lawsuit is between Microsoft & Motorola.

    By the way, what is this ultra secret, mega proprietary Android source code anyway? I thought Android was open source. Didn't Andy Rubin define "open" as the ability to download and compile the source?

    1. Re:No standing? by CharlyFoxtrot · · Score: 3, Funny

      By the way, what is this ultra secret, mega proprietary Android source code anyway? I thought Android was open source. Didn't Andy Rubin define "open" as the ability to download and compile the source?

      All the source is open but some is more open than others. Now let's all stop posing awkward questions and focus on how evil Apple and Facebook are, those damn liberal elites and lame-stream social media that hate us real internetians.

      --
      If all else fails, immortality can always be assured by spectacular error.
    2. Re:No standing? by the+linux+geek · · Score: 2

      Where can I download the source to Android 3, 3.1, or 3.2?

    3. Re:No standing? by geekoid · · Score: 2

      Microsoft, apparently.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:No standing? by CharlyFoxtrot · · Score: 4, Insightful

      >> All the source is open but some is more open than others.

      Please go on. Don't be shy. And if you can't provide the evidence, please just shut the fuck up with your Apple whoring.

      "Over the past few months, according to several people familiar with the matter, Google has been demanding that Android licensees abide by "non-fragmentation clauses" that give Google the final say on how they can tweak the Android code—to make new interfaces and add services—and in some cases whom they can partner with."

      Or I could have just said: Honeycomb. "Open" indeed.

      BTW, they have pills for Tourette's now.

      --
      If all else fails, immortality can always be assured by spectacular error.
    5. Re:No standing? by rk · · Score: 2

      You've obviously never been confronted with the vast array of Cheetos now available on the market. I'm still waiting on the final results from my research team before I can make a decision between the Cheetos Fantastix Chili Cheese Flavored and the Crunchy Flamin' Hot Limon Cheese varieties.

    6. Re:No standing? by E+IS+mC(Square) · · Score: 2

      Or you can say that anybody can take the code, fork it and do whatever they want.

      Or...

      "mkdir android ;cd android ; repo init -u git://android.git.kernel.org/platform/manifest.git ;repo sync ;make"

      Now weep.

    7. Re:No standing? by ceoyoyo · · Score: 2

      I think maybe we have different ideas of "open."

      "Here's the source, have fun looking, but here's what you're not allowed to do with it" isn't.

      So "more heavily policed" == less open. Thus the OPs point: some parts of Android are more open than others.

    8. Re:No standing? by ozmanjusri · · Score: 4, Funny

      Come on this isn't rainman, he's not going to memorize a private key.

      Protip: Ctrl c, Ctrl v.

      --
      "I've got more toys than Teruhisa Kitahara."
    9. Re:No standing? by bonch · · Score: 3, Interesting

      Have you not been following Android news in the last few months? Google withholds Android source from non-privileged partners, and they use compatibility clauses to control how vendors use Android. There have even been accusations from vendors that they throw out artificial obstacles for phones that use competing services like Bing. A Google email said they "use compatibility as a club to make [vendors] do what we want."

    10. Re:No standing? by bonch · · Score: 4, Insightful

      What do you do when Google withholds the source for months like they did with Honeycomb? Add a sleep command in there?

    11. Re:No standing? by crutchy · · Score: 2

      if it takes you months to "finalize" anything you eat you need to go see a quack... and you're full of shit (as it were)

    12. Re:No standing? by andydread · · Score: 2

      Have you not been following Android news in the last few months? Google withholds Android source from non-privileged partners, and they use compatibility clauses to control how vendors use Android. There have even been accusations from vendors that they throw out artificial obstacles for phones that use competing services like Bing. A Google email said they "use compatibility as a club to make [vendors] do what we want."

      [citation-needed]

  2. Re:Suing themselves by WindBourne · · Score: 2

    MS is suing Motorola, not Google suing Motorola.

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    I prefer the "u" in honour as it seems to be missing these days.
  3. Re:Suing themselves by DJRumpy · · Score: 2

    Just in case anyone is curious and doesn't want to read TFA, the issue is that MS allowed an oust side consultant to view the source code provided my Motorola. Motorola's beef is that they had confidentiality agreements with MS. The judge stated that Google has no stake in the game and that Motorola would have to file a complaint.

    The gist of the article is that MS believes their consultant found some dirt on Android and it's code, which Google seems to think will be very damaging to it's (Motorola's) case, and as a result, all Android devices.

    Google's complaint centered around Stevenson, who Microsoft allowed to review Android source code. Google said it had not been told beforehand that Stevenson would see what it called "confidential" code so "highly proprietary...that Google does not even share with its partners, such as Motorola."

    In an interview last week, German patent activist and analyst Florian Mueller said that Google's attempt to block Stevenson was no more than a speed bump in the case, which he sees as potentially harmful to Android if Microsoft wins.

    "I think Google is extremely afraid of the outcome of this particular ITC investigation," said Mueller last week. "If this investigation finds Motorola and, in fact, all Android devices to infringe various valid Microsoft patents, all of Google's hardware partners will have to pay royalties to Microsoft."

    I can't help but feel Google has really blundered here. I don't know if its' simply because they never had such intense competition in markets they were in (primarily search/ad revenue) and just taken by surprise, or they just assumed they could make agreements with companies who are in it for the long haul and unwilling to bargain. They know they have Google over a barrel or at least think they do, and Google has nothing to bargain with. I think it was naive of Google to assume these handset vendors would descend themselves and still remain loyal to Android if things go badly.

  4. Just to get Technical by fortfive · · Score: 2

    The Judge *denied a motion,* not *dismissed a complaint.*

  5. Re:Suing themselves by bonch · · Score: 3, Insightful

    I thought it was funny that Google and Android are supposed to be so open, yet they were trying to suppress source code they considered "highly proprietary."

  6. Re:10th story and counting by bonch · · Score: 2

    Didn't you get the memo? It's now popular to hate Google.

    People tend to hate closed-source, proprietary megacorporations that say one thing but do another.

  7. Re:Suing themselves by MiG33 · · Score: 2

    Same here when I read about this. I'm still also surprised slashdot crowd believes all the crap Google says, even when the truth has hit them in the face so many times lately and before.

    The truth is, almost all of Google's products are proprietary. Since they piggybacked on Linux kernel they had to open up Android some. Yet they still manage to withhold distributing said code for months at a time. A thing slashdot crowd would demand billions of damages to other companies for GPL violation. However, when it's Google it must be okay because they say they're not evil. Sigh.

  8. Re:Suing themselves by GooberToo · · Score: 2

    Can you please be more specific? I constantly see people say the things you say and without fail, they always prove to be completely baseless. Must like what started this whole thread.

    To what violations do you refer?

  9. Re:Suing themselves by Big+Smirk · · Score: 2

    The gist of the article is that MS believes their consultant found some dirt on Android and it's code, which Google seems to think will be very damaging to it's (Motorola's) case, and as a result, all Android devices.

    You have to understand how lawsuits work. Team A says they want to get the defendant's middle name, Team B, although they don't see the harm, they move to block it because they will not give Team A a single sliver of evidence that isn't specifically needed.

    I was involved in a lawsuit where our lawyer actually blocked the subpoena of meeting minutes - which we had and which we believed supported our claim - because it wasn't necessary (you could just subpoena all the people that were there). Had me worried because the recollection of other people in the meeting seemed to be 'off' (against us). At trial, our lawyer the opposition's story went wild (the exaggerated, lied, made up things etc.) and our lawyer beat them up over it. "You were quoted saying this to the newspaper, you said this in your deposition, and now you say this at trial. Which version is the truth?"

    Bottom line, limit the other side's information, limit what they can present in court, and finally, limit the arguments they can make. Chess is a lot easier if you whittle it down to just a few pieces left on the board.

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