Google Files Antitrust Complaint Against Microsoft, Nokia

x0d writes with news that Google filed an EU antitrust complaint against Microsoft and Nokia on Thursday, claiming they are using proxy companies to make smartphone-related patent claims in an attack on Google's Android business. From the article: "Google also plans to share its complaint about patent 'trolls' with U.S. competition regulators. The Internet-search giant alleges that Microsoft and Nokia have entered into agreements that enable entities such as Canada-based Mosaid Technologies Inc. to legally enforce their patent rights and share the resulting revenue. Google, which hasn't been sued by Mosaid or related firms, described its filing with European regulators as a pre-emptive measure against a developing legal hazard for Android partners. The threat is that if phone makers perceive a significant legal risk in using Android, they may opt instead for Microsoft's Windows Phone software."

Comments

Distrust

[EzInKy]

As much as I distrust Google, which is quite a bit ever since they started asking for phone numbers, they still haven't reached the same level of fear that I have Microsoft and its insistence on forcing everyone into its collective. Add to that the fact that it's also against Nokia, a company I once adored before they jumped in bed with the devil incarnate, I must now say "good on you Google!"

Re:Distrust

[drinkypoo]

As long as they keep killing the competition with their competence instead of compelling us to consume their crap with coercion then I'm fine with that. I don't use google because there are no alternatives, there are alternatives to everything they offer. I use google because so far it is superior for my needs.

Re:Distrust

[squiggleslash]

Could you list all the products Google had out a decade ago that now require you provide a phone number and real name to use, that didn't then?

Does Google search require this, for example? (Answer: no)
What about GMail? (Answer: no)
Google groups? (Answer: no)
Google maps? (Answer: no)
Google news? (Answer: no)
OK, well, iGoogle? (Answer: no)
Youtube? (Answer: no)

OK... so what are we talking about here?

I know that the generic Google account system recommends you give it a cellphone number, so you can recover your password more securely. But you're not required to. In fact, the only tool I'm aware of that requires you give your phone number is Google Voice, which it's required you do since its inception, because it needs it in order to work properly.

What about real names? Well, there's Google+, but that's new. And it has plenty of competition. And in fact, the real names thing is probably why Google+ hasn't taken off. So that pretty much kills that argument.

Real names are also required for... well, anything that uses payments (Google Play, for example, if, and only if, you buy something, and AdWords), because, well, credit cards are difficult to charge if you don't have a fucking name. But that's ALWAYS been the case, since Froogle.

AdSense does too, but again always has done. (Yes, Google knows who I am)

So, really, what's your argument here?

Google has always had services that require real names and/or real telephone numbers. They're pushing the latter recently solely to help you recover lost passwords, and they're pushing the former only in relation to one service that, by no stretch of the imagination, can remotely be considered to be having monopoly power, and whose primary competitor, which pre-existed Google+ by many years, has always had the same policy.

Legal Risk

[Anonymous Coward]

(Posting AC because I'm at work, not because I'm going to get modded into the stone age for what I'm about to say...)

Google ... described its filing with European regulators as a pre-emptive measure against a developing legal hazard for Android partners. The threat is that if phone makers perceive a significant legal risk in using Android...

Um, if there's a legal hazard in using Android, maybe that means Google/manufacturer's should license patents from Microsoft (or others). I know the current belief on /. is that everybody should be able to make whatever they want, even if they copy someone else's work but, ignoring whether or not I agree with that view, that's simply not how the world works. Sorry - it isn't. The world works such that, if you invent it and you patent it, you have the right to get paid when someone else uses it (or outright block them from using it for a time). You may not like that, and many don't, but that's how the world works. Not just the US - the world. Google may view that as a problem but the solution is simple - build Android so that it doesn't infringe on any patents or license the patents so that there's no legal risk.

I know I'll be in the minority on this one but, sorry - the system is what the system is. It's simple, design around the patent or license it. Or don't and deal with the consequences.

Re:Legal Risk

[Anonymous Coward]

Licensing patents from trolls is like paying protection money to criminals. You're only providing them resources and incentive to continue their extortion and find new victims. The only right thing to do is put the criminals out of business, not pay them off.

Re:Legal Risk

[MozeeToby]

Here's the thing. Every single one of the big phone manufacturers has a thousand patents that every other phone manufacturer has infringed on since the beginning of the industry. They all know this, but for literally decades everyone involved was smart enough to look at the situation and say "Oh hell no! I'm not starting that fight". The in strolled the new kid on the block, they bought some patents on the core technologies (enough to ensure they were inside the circle of mutually assured destruction along with the other manufacturers) but then they went and patented a few (frankly quite silly) UI patents. And so they thought to themselves, we might not be able to start the holy war on the core technologies, but we can certainly fire off just a few shots to protect our user interface. Which is a lot like the US during the cold war saying "surely the Soviets won't mind if we launch nuclear tipped cruise missiles at Kiev, after all, they're not ICBMs".

And the result has been about what you would expect. All out patent war in the cell phone industry, with constantly shifting alliances, tactics, and weapons. We've had import bans because a photo gallery app slid just past the available pictures to communicate to the user that they were at the end. We've had court cases fought over "Swipe to unlock". We've had multi-billion dollar companies bought, sold, and gutted for their patent portfolios. And, most importantly and the issue no one seems to pay attention to, we've created an environment where there is absolutely no chance, literally zero, of a new player entering the game.

So, you say to Google "build Android so that it doesn't infringe on patents". I say 50% of those patents are invalid, and it's just going to take the right court case to show that once and for all. Of the remaining 50%, everyone in the industry stomps all over them, to the point where even the biggest players can't be sure who owns what, who is defending what, and what their next project might infringe upon. It's broken. It's not really Apple's fault, even if they were the ones to set of Armageddon the system has been screwed up for too long to blame them. Any system that relies on cold war style MAD is going to break down eventually.

Welcome to SCO 2.0

[spacepimp]

Same agenda, only now the desktop isn't at stake, it is the mobile market sector. Same FUD, different day. Linux was proven and hardened after SCO, but in many ways it was too late, the tech world had moved on. MS is hoping for more of the same.

Re:Welcome to SCO 2.0

[Nerdfest]

The problem is that right now, they are driving up the real cost of Android phones, making money from it, and spreading FUD. It should be quite clear after the B&N screw-up that what they're doing is extortion.

Linux

[Nerdfest]

I'd like to see redHat, Suse, Canonical, etc do the same thing over the UEFI controls coming up. That really needs to be taken out of their hands.

This is why I like Google

[Erich]

Google is at least trying to say "Hey, this whole patent troll environment sucks. You should really do something about this problem!"

Hopefully someone will listen to their complaint before they are forced to take matters into their own hands.

And I think everyone also sees the next step, which is retaliation. Google just bought all those Motorola patents, and having them shut down Nokia and Apple with all those 17-year-old cell phone patents would really be a step up in the Mutually-Assured-Destruction conflict, and everyone would suffer for it.

Taking this approach with the nukes in your back pocket seems much more civil than approach taken by the others.

Re:This is why I like Google

[shione]

The patent row between motorola and microsoft began even before google considered buying motorola. And the motorola buyout by google was more in response to microsoft suing android phone makers so google went after motorola's phone patents before anyone else (microsoft) could grab it to add to their warchest.

Talking purely patents, cross licensing sucks too because it locks out new players from the playing field. What we need is the abolishment of all patents or the reduction to their lifetime to a very short period.

Re:Hey

[Anonymous Coward]

Sorry, but what? When has Google ever used patent trolls? To the contrary, Google has fought patent trolls more aggressively than any tech company.

Re:Hey

[LordLucless]

You do know what an antitrust complaint is about don't you? It's not about having a monopoly, it's about abusing one. When has Google abused its search monopoly?

microsoft is so greedy

[shione]

Not only do they extract out of android phone makers many times more than make from their own windows phones but now they want to extract cash out of google as well.

If miscrosoft spent less time sabotaging, suing and backstabbing their partners and more time innovating and focussing on their own products, maybe their company would experience more growth. Only then would it be able to turn its reputation around like IBM has.

Re:But Microsoft is suing them directly

[shione]

They don't do it openly. Ask microsoft which patents android infringes and THEY WILL NOT TELL YOU. Every android phone maker that has paid the blackmail money^h^h^h settled has also had to sign a non disclosure statement. This is either because microsoft doesnt want the other phonemakers it hasnt gone after yet to create a workaround^h^h^h not infringe or because microsoft knows it's standing is very weak.

Re:Hey

[andydread]

So Google goes around filing suits on trivial software patents that should have never been filed and should have never been granted? Can you point me to one instance of Google conspiring with others to subdue the marketpace and kill open source software with the use of software patents? One instance? BTW what public relations firm to you work for?