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Google Announces Android Cross-Licensing Program 'PAX' -- But Why? (consortiuminfo.org)

"Linux and open-source software have had to contend with intellectual property legal challenges for years," writes ZDNet. "Now, Google has started a new effort to bring peace to potential Android IP sore points: PAX... a royalty-free, community-patent cross-license." PAX is starting with nine members: Google, Samsung Electronics, LG Electronics, HTC, Foxconn Technology Group, Coolpad, BQ, HMD Global, and Allview. These companies own more than 230,000 global patents. PAX's purpose is to create a "community-driven [patent] clearinghouse, developed together with our Android partners, [that] ensures that innovation and consumer choice -- not patent threats -- will continue to be key drivers of our Android ecosystem. PAX is free to join and open to anyone."
Slashdot reader Andy Updegroved writes: The question is why? The announcement and the related website are extremely brief, and although everyone is invited to get a copy of the cross license, Google reserves the right to decide first whether your motives are pure and you can keep a secret. And so far, the only members of the "PAX Community" listed are existing Google business partners. Is Google aware of some new patent tempest brewing just over the horizon, about to burst into public view? And will any other company names and logos be added to the PAX Community Web page? We'll just have to stay tuned to find out.
Andy Updegrove tells ZDNet it does involve "formal cross-licenses between participants, and therefore enforceable rights, but not an infrastructure to do more (at least insofar as one can tell from the initial announcement)."

33 comments

  1. A bandaid over the gaping hole of software patents by Anonymous Coward · · Score: 0

    Why don't they just lobby to get these things removed?

  2. Really Smart Google by cheesybagel · · Score: 1

    I thought Android used the Apache v2 License which already has a patent license in. So what's up?

    1. Re:Really Smart Google by BarbaraHudson · · Score: 1

      Maybe google found out they're infringing a few patents and want to cya. Either by getting others who hold patents that could be used against the holders of the infringed patents to sign a cross-licensing deal, or some other scheme. Probably hoping to get some autonomous car developers to sign on.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  3. May be an attempt to counter M$ ? by AncalagonTotof · · Score: 2

    M$ is making tons of cash from Android device manufacturers, with the help of a secret set of patents.
    May be Google is trying to bring together a set as big as M$ one ?

    Any whistleblower around to finally show us what M$ patents are ?

    --
    Totof
    1. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      Herp derp em dollar sign I'm so fucking cool? Anyone please?

    2. Re:May be an attempt to counter M$ ? by cheesybagel · · Score: 1

      exFAT I bet.

    3. Re: May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      Yes

    4. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      "Any whistleblower around to finally show us what M$ patents are ?"
      If the patents were trivial and easily refuted Google and all the other major corporations would be fighting them. Instead MS is making some serious cash without needing to do anything. Why sink a lot of money into a Windows phone OS when the income from it's patents is more profitable than any Window's mobile OS would ever be? Software patents should by treated like the pharmaceutical patents are handled. Allow the patent owner several years of exclusivity so the patent owner can recoup their investment and after that allow anyone to use the patented work.

    5. Re:May be an attempt to counter M$ ? by drinkypoo · · Score: 1

      Couldn't be. Android could live without exfat.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      What do you expect from a site where comments about Microsoft Bob being mention as if it happened last week can still get you modded up "Informative"?

      Slashdot is a shitbowl anymore. And the Slashtards love licking anything shit flavored.

    7. Re:May be an attempt to counter M$ ? by stephanruby · · Score: 1, Interesting

      M$ is making tons of cash from Android device manufacturers, with the help of a secret set of patents.
      May be Google is trying to bring together a set as big as M$ one ?

      Yes, I believe that's it. Google is going after Microsoft's patent tax.

      By design, many Android developers can now port their Android applications to Windows phone without changing a line of code. The only thing that's missing is Google Play Services (if an app depends on those particular APIs), and even then, Microsoft is funding a replacement of Google Play Services, and in the meantime, power Windows phone users (the few that exist) are simply rooting their Windows devices and installing Google Play Services themselves.

      So with Microsoft depending more and more on Android itself and becoming more vulnerable as a result, it would make sense that Google would try to leverage the patents of the Android community at large to stop Microsoft from continuing to impose its patent tax on existing Android manufacturers.

      And this is also where the "Google reserves the right to decide first whether your motives are pure" test comes in. If Google were to accept patent partners willy nilly just like some open source licenses automatically do it, then Microsoft would just need to spin off a separate part of itself to hold all its patents (or sell all its patents to a patent troll) before another part of itself partnered with Google.

    8. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      exFAT patents is why most Android phones have dropped the removable SD card.

    9. Re:May be an attempt to counter M$ ? by tlhIngan · · Score: 1

      M$ is making tons of cash from Android device manufacturers, with the help of a secret set of patents.
      May be Google is trying to bring together a set as big as M$ one ?

      Any whistleblower around to finally show us what M$ patents are ?

      exFAT was one of them, vFAT was another.

      But the reason Microsoft doesn't want to go after Google is they can't - Google doesn't use any of that technology. The FAT patents aren't needed if you're not using FAT at all - hence the lack of an SD card support in the Nexus and Pixel phones. And you can eliminate any need for FAT if you use MTP as your USB transfer protocol that Windows supports.

      I'm sure more reasons are simple - all the other phone vendors are trying hard to make their phones not appear all the same at the store. You used to be able to do this by using custom launchers and shells and skins, but Google outlawed them (HTC Sense, TouchWiz, etc) so now they have to add features. And some vendors have interesting features - dual cameras, etc. If Google wants to integrate support into the mainline, they'll need patent licenses to do so, hence this agreement.

    10. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      Samsung, builder of Linux-based Chromebooks and Linux-based Android smartphones, a company that went up against Apple over patents rather than settling, makes a multi-billion dollar deal on these patents with Microsoft. There's obviously some substance to them.

      I think a Chinese company released a list of some of them some time ago and they were indeed a set of valid patents granted by the USPTO.

    11. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      power Windows phone users (the few that exist) are simply rooting their Windows devices and installing Google Play Services themselves.

      This is the bit that really irks me when people say Android is open source, because in a practical sense it isn't. More and more functionality is being moved out of Android itself and into Google Play Services so as this happens "Android" becomes more and more locked down with a lowest-common-denominator set of features included in Google Play Services.

      Open source seemed like a good idea for Android until they realized that everybody then customizes it which leads to a confusing and poor user experience broadly (like what happened with desktop Linux).

    12. Re:May be an attempt to counter M$ ? by Anonymous Coward · · Score: 0

      Any whistleblower around to finally show us what M$ patents are ?

      This is old news (I guess not to you) but you can get the list from here. Im not sure what you mean by "whistleblower", they are USPTO-issued patents and the list is made available to the licensees like Samsung. Sure they might not have been revealed to you but they certainly are to many Android device makers, many of which are very large corporations also with large patent holdings. The sorts of companies that would litigate rather than making multi-million dollar ongoing deals if they actually believed the patents to be invalid.

  4. I doubt it will stay secret for long. by Anonymous Coward · · Score: 0

    Link to a copy of the text of the license in 3, 2, ...

  5. Re: A bandaid over the gaping hole of software pat by Anonymous Coward · · Score: 0

    How can you talk about gaping holes without a goatse.cx link?

  6. Oracle. by Anonymous Coward · · Score: 1

    With the ruling still out on the Oracle v Google case, I think this may be a precursor to the licensing terms that will be derived from Oracle's winning of that case, and thus the need for a patent covenant that might cover some piece of Oracle's software platforms (for anyone who hasn't noticed, SPARC is dead, Fujitsu is migrating to ARM for their next gen supercomputer, and Oracle already cut their engineering resources towards it.) and thus convince Oracle to join PAX, thus cross licensing their own patents to all PAX members.

    1. Re:Oracle. by Anonymous Coward · · Score: 0

      How would that case be related? That's a copyright case, this is regarding patents.

  7. GPLv3 still not an option, but should be by Anonymous Coward · · Score: 1

    GPL v3 would have done the same, but better job of keeping patents in line. Just saying.

  8. In a followup by Chris+Mattern · · Score: 1

    Gabe and Tycho could not be reached for comment

  9. Re: A bandaid over the gaping hole of software pat by Anonymous Coward · · Score: 0

    Uh, because it's expensive to lobby. You think a politician is cheap nowadays?

  10. Trump by Anonymous Coward · · Score: 0

    Trump loves Tic Tacs and sexually assaulting women. He thinks he's daughter is a hot piece of ass. I bet that makes his supporters proud.

    1. Re:Trump by BarbaraHudson · · Score: 1

      Trump loves Tic Tacs and sexually assaulting women. He thinks he's daughter is a hot piece of ass. I bet that makes his supporters proud.

      Having seen some of his supports, I bet you're right.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:Trump by Anonymous Coward · · Score: 0

      Why don't you go suck some more of that Islam cock, barbarahudson@gmail.com

  11. Re: A bandaid over the gaping hole of software pat by Anonymous Coward · · Score: 0

    It used to be you could pay a political like $100 and they would get you a law passed in your favor. Nowadays getting that same law could cost you thousands of dollars.

  12. GPLv3 is intentionally OVER broad on patents by raymorris · · Score: 1, Interesting

    If GPLv3 included a patent license for anything your company contributes, that would work okay for many companies. I could recommend contributing to GPLv3 projects if that were the case.

    However, as was pointed out when the the language of GPLv3 was being drafted, the actual text of the license is far broader than that, and arguably allows anyone to "steal" *any* patents owned by a company that contributes to a large project, including patents that have nothing to do with whatever the company contributed. Stallman is aware of this issue and decided not to address it. Therefore I and many others have to recommend that large companies especially be careful to *not* distribute any GPLv3 with contributions, via Github or any other method. The problem is that by simply doing a *pull* on Github, you're giving up patent rights to anything in the code you pulled, code which you've never seen, including patents from a different division of your company, which you aren't personally aware of.

    Suppose

    1. Re:GPLv3 is intentionally OVER broad on patents by MSG · · Score: 1

      > by simply doing a *pull* on Github, you're giving up patent rights

      I'm not sure what you mean by that. GPL only applies to distribution. You're not distributing code by downloading code from github (clone), and a contributor cannot change the license of your project by sending you a pull request.

      Maybe you mean forking? That would kind of amount to distributing code, but I think that would be a really hard case to make in court.

  13. Ps reduced risk by using personal Github account by raymorris · · Score: 2

    Btw one way to reduce the patent risk is to allow employees to post code on their personal Github, registered under their personal email address rather than their @company.com address. The risk applies only to companies who make code publicly available - if individual employees don't have patents, they don't risk losing their patents. I did that at my last job. I personally had GPLv3 code on my personal Github, and was careful to avoid any mention of my employer when distributing GPLv3 code (I don't personally have any patents to worry about). However that does transfer some other risks to them, if the code happens to violate copywrite or something.

  14. It's another "Linux Foundation" but insures the fu by TheOuterLinux · · Score: 1

    Proprietary companies that only love open source as long as it's used to save money (servers) or make money (steal code). They're just trying to get people to sign up for "free" except I'm sure you're incredibly limited on what you can do and I bet most of the license is geared towards finding cloud developers. This will destroy open source on the desktop, making it impossible to have any real freedom.

  15. If I can see your Github, you're distributing by raymorris · · Score: 1

    A pull *on* (public) Github, as opposed to *from* Github.

    Suppose you have a copy of the Linux kernel of your Github. You are distributing the kernel. When you pull from my Github to your Github, everyone else can then get the code from your Github - you're distributing whatever was pulled from mine - but you've never seen it. You're distributing code you've never seen.

    Suppose you work at Bosch working on in-car entertainment systems. You make some contributions to Android auto, and you do so via Github. Bosch is now distributing Android auto. If Android Auto were GPLv3, that would mean Bosch would lose their patent rights to anything that *anyone* puts into Android Auto, because Bosch is distributing Android Auto.

    Suppose some other group at Bosch 2000 miles away is doing work related to autonomous vehicles. That group has nothing to do with Android Auto. They have patented some cool invention related to autonomous vehicles. As a competitor, all I need to do to nullify that patent is submit some infringing code to Android Auto. As soon as you (working for Bosch) update your Github, you're distributing Android Auto, all of it, including the infringing code. Bosch distributing infringing code plus GPLv3 means Bosch loses their patent rights.