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I don't know details about the patent portfolio upon which this bid was made so as to comment upon it specifically, but I can make a couple of observations abou
by grellas 16y ago
I don't know details about the patent portfolio upon which this bid was made so as to comment upon it specifically, but I can make a couple of observations about Google's strategic approach to patents:
1. Google is definitely not "anti-patent," either philosophically or otherwise. At the heart of its business is the PageRank patent, which is assigned to Stanford with exclusive license to Google. Even within the last month, Google got a patent for its "Systems and methods for enticing users to access a web site," i.e., its "Google Doodle" (see http://ipwatchdog.com/2011/03/25/google-patents-the-google-doodle/id=15873/ http://ipwatchdog.com/2011/03/25/google-patents-the-google-d... for an overview on this). And, of course, the blog post involved here very carefully delineates and distinguishes patents that foster innovation (presumably good) and others that are primarily gained to foment litigation, in particular "low-quality software patents."
2. Of course, Google is involved in a current, major fight involving Oracle's assertion of both copyright and patent Java-related claims against its Android technology. Google is a powerful adversary to take on, and it is blasting away quite skillfully seeking to invalidate the Oracle patents in that suit on Bilski grounds that they constitute "abstract ideas" and not bona fide patentable subject matter (see http://news.ycombinator.com/item?id=1899156 http://news.ycombinator.com/item?id=1899156 for a summary of relevant issues in that case). But no powerful litigant ever bets solely on how a court might interpret some nebulous body of law such as what constitutes patentable subject matter. As matters now stand, should Google lose on that issue, it has very little in the way of defense against such claims. Perhaps the patents upon which it is bidding will give it a practical way to attack Oracle so as to bolster its defense but, again, I don't know about the immediate portfolio or whether it even relates to the Java-related claims. That said, however, I am certain that the Oracle litigation, at a minimum, has spurred Google to consider this issue very carefully and to determine that it needs these tools very badly so as not to be exposed in the future to patent broadsides to which it has no answer other than to point out how weak the relevant patents are - which may be no answer at all in the real world of patent litigation. Hence, this patent portfolio bid has either an immediate aim in mind (Oracle litigation) or a long-term aim with the same strategic view in mind (cover yourself against flim-flam patent claims that might hinder Google's future ability to innovate).
3. The FTC recently issued a comprehensive report on the need for patent reform, and one of its main points concerned so-called "non-practicing entities" or what it has chosen to call "patent-assertion entites" (PAEs) or what is commonly known as "trolls" (see HN discussion here: http://news.ycombinator.com/item?id=2303980 http://news.ycombinator.com/item?id=2303980). These are patent holders who do not use their patents to produce things but rather use them solely for licensing and the concomitant litigation that inevitably follows against those who decline the licensing "offer." In reality, the PAE idea is much more complex than merely that of a shakedown racket. All sorts of large tech companies routinely gather up all sorts of patents for which they have no plans to innovate but which are vital to their business strategies, either to be used to attack rivals or to defend against them and whether for good or for bad motives. In making this bid, Google is basically acknowledging that it needs to arm itself in this department. This is neither inherently good or bad and could be used strictly for protecting Google's ability to innovate or it could be abused down the road, all depending on future choices to be made by the company's management. It is certainly a double-edged issue.
Groklaw recently ran a piece answering the question "what's blocking innovation in America" and answered it with "IP laws" - this in turn led to some sparks flying here at HN as some, like me, defended IP in general while saying that it needs to be reformed and (many) others taking the more radical view that IP laws generally are to be castigated (http://news.ycombinator.com/item?id=2210469 http://news.ycombinator.com/item?id=2210469). In my view, the case for IP laws generally is made by companies such as Google, which uses such laws effectively and powerfully but which, at least to date, has not abused them. In this sense, Google has been an exemplary company on this issue. What the future may bring on this front, of course, remains to be seen.
- deleted 16y ago[deleted]
- ZeroGravitas 16y agoDo you have any more evidence for Google being pro-patent than them applying for patents? They've just bid a billion dollars for a patent portfolio, which they claim is a necessary defensive move. If you accept that, then applying for patents is a valid defensive strategy too.
- grellas 16y agoapplying for patents is a valid defensive strategy too Yes, if you define "defensive" to mean that they want to guard their proprietary forms of innovation against others who might seek to use them during the period of the temporary monopoly they hold on them. But not defensive in the sense of having been obtained in anticipation primarily of being used in litigation defense when others sue Google (which, I think, is how "defensive" is normally used on this topic). I am no special authority on Google's thinking in this area. Its public actions and comments, though, suggest that it is a company that dislikes and even despises low-quality patents used primarily to foment litigation while supporting the types of patents (like PageRank) that reward innovation. That is pretty much how I read this piece. By the way, I also have an antipathy to flaky patents and strongly believe that the patent system needs reform, but I am not opposed to IP generally, nor to patents (when done properly) in particular.
- _delirium 16y agoDoes Google assert their patents positively, though? I'm not aware of the PageRank patent being much used, despite the fact that there's a whole cottage industry of "PageRank for X" search tools, who not only seem to infringe on the patent, but even advertise the fact that they use a PageRank-derived algorithm (see, e.g., eigenfactor.org).
- grellas 16y agoI think your point is a good one but I am confident that, if Microsoft started using PageRank for Bing, a Google lawsuit (or at least a Stanford lawsuit for the benefit of Google) would be both swift and formidable.