If you haven’t been following the recent uproar following the acquisition of the Novell Patents, let’s catch you up. What started as a blog post from Googler David Drummond addressing why Google didn’t spend the money on the Novell patents. To say the the conversations have broken down into a schoolyard fashion is putting it mildly, but we remain ever vigilant in following the situation in the event that something actually worth noting comes from either party.
Drummond’s blog did not go unnoticed, and Microsoft’s legal team felt obligated to go reply. When Microsoft communications lead Frank Shaw decided his dinner last night would be best paired with an email snippet that seriously looked like Googler Kurt Weller was deploying the weakest cop out of all time to cover his backside for not joining in with Microsoft on buying up the Novell patents. Microsoft had apparently reached out to Google in order to get the patents. These are the same patents that Google bid Pi on, by the way, so it was clear early on that Google caught on to what was happening with Microsoft and decided on an alternate strategy.
Still, The tech community roused as Google was called out on Twitter by Shaw, and needed to respond. So, respond they did, by updating the original post made addressing the Novell patents. The update includes some promising information that had been previously unreleased about the patent purchase. The update is worth reading in full, but some choice phrases include…
… it’s obvious why we turned down Microsoft’s offer… A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners…So, if we follow the chain of events right now, Google engaged in a bid war with Microsoft and crew for the Novell patents. When Google realized the fight was either unwinnable or expensive, they drove the bid up in the hopes that Google could encourage the government to take action. As a result, the DoJ moved in and demanded that a licences be given to the Open Source communities. Shaw fired back, moments later, with a series of tweets that sounded vaguely like an excerpt from Iron Man 2. Google wanted to purchase these patents to use as a shield against the companies they insist are “coming after Android”, where Shaw insists it was to be used as a sword.
Ultimately, the U.S. Department of Justice intervened, forcing Microsoft to sell the patents it bought and demanding that the winning group (Microsoft, Oracle, Apple, EMC) give a license to the open-source community…
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