Google responds to Microsoft's "gotcha": they divert attention from the trick, not

MG Siegler wrote to TechCrunch since 2009. It covers web, mobile, social, big companies, small companies, in fact all. And Apple. A lot. Prior to TechCrunch he covered various technology beats for VentureBeat. Originally from Ohio, mg attended the University of Michigan. He had previously lived in Los Angeles, where he worked in Hollywood and in San Diego where ... ? Read More

This back and forth between Google and Microsoft is getting good.

Yesterday, Google wrote a post calling out Apple, Microsoft, Oracle, and others for the use of "bogus" patents to try to kill Android. Some of the patents, Google's chief legal officer David Drummond referred to include Microsoft acquired from Novell (not to be confused with Nortel, which happened later). When Microsoft saw this, two senior officials came out Twitter effectively pants Google. You see, Microsoft tried to get Google to partner with them to buy Novell patents, Google turned them. And, Microsoft email to prove it.

But it was clear the reason for this rejection, which conveniently left Microsoft, Google now says.

Drummond called pantsing incident in an update to his original blog yesterday. He runs the update from:

It's no surprise that Microsoft wanted to divert the attention of the press false "gotcha!" at the time of the failure to address issues that we raised.

But then comes the substance:

If you think about it, it is clear why we rejected the proposal from Microsoft Corporation. Microsoft's goal was to keep from Google and Android device makers any patents that may be used to defend against their attacks. The joint acquisition of patents, Novell, which gave all parties a license would be to remove any protection, these patents can offer Android from attacks from Microsoft and its partners. Making sure that we will be unable to assert these patents to protect the Android — and we pay for the privilege — must seem like an ingenious strategy for them. We do not fall for it.

So Drummond says that Microsoft offer with Google to buy Novell patents was more or less trick. Teaming for Novell patents, Google will have them, but they could not have been used to protect the Android, because Microsoft would have them too.

Should Google just went along with it anyway, because, ultimately, Microsoft really got them (along with Apple, Oracle and EMC)? You can argue that. But fortunately for Google, the courts have intervened in the case and to sell the patents they bought and others under licence, said Drummond.

This may go a bit too. It is likely that Microsoft knew Google would never go for this plan, the joint acquisition, but suggested it anyway, so when MU considered the deal, Microsoft would point to the proposal, sent the way Google. These companies are very intelligent and calculating, not put something like this past any of them.

In his original post Drummond said that the Ministry of Justice is also studying a recent acquisition of Nortel patents Microsoft, Apple, RIM and others. Obviously Google hopes, the same type of thing will happen here, but this is being addressed. While Apple has been approved by MJ buy patents ahead of auction Microsoft may face similar ruling as Novell situation as they have already had a license to these patents, just as they were on Novell patents before they tried to buy them. We'll see.

More importantly this battle will not end anytime soon. Novell was the first part, things had significantly increased with the Nortel auction, part 2. But part 3 must be the most intense yet, as Google and Apple is going after the InterDigital patents. Nortel patent purse was more than 6000 patents InterDigital but has more than 8800. If a winning bet on Nortel 4.5 billion in United States, InterDigital must be well north of $ 5 billion.

Hang on to your butt.

Update: Microsoft responds to Google's response to Microsoft's response

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