Re:Judge criticizes Google and Oracle at hearing
by kenjackson on Thursday July 21, 2011 @09:32PM
(#2792006)
Google maintains that Oracle deserves no damages.
"Zero is ridiculous," said Alsup, who rejected Google's argument that its ad sales should not be included in estimating damages from the Android system.
Re:Judge criticizes Google and Oracle at hearing
by flocial on Thursday July 21, 2011 @11:48PM
(#2792346)
They could have had Sun for $7.4 billion with Goesling (already there) and MySQL as part of the deal along with all the other departed talent. Personally, I don't know why they didn't go after Palm (much cheaper than these barely alive startups they've been acquiring) either just for the patents alone.
Re:Judge criticizes Google and Oracle at hearing
by netmau5 on Thursday July 21, 2011 @10:27PM
(#2792142)
And they could have benefitted mightily from acquiring Sun, moreso than simply owning Java. How was Groupon worth 6B in their eyes and Sun not 7B? Maybe hindsight is ruining my perspective more than I can see.
Re:Judge criticizes Google and Oracle at hearing
by RuadhanMc on Friday July 22, 2011 @08:58AM
(#2793299)
Well my guess is that Groupon is appealing because it is purely an advertising platform, while Sun was a big company with lots of different products. Java was one of them, and while it would have been great in hindsight for Google to take control of the Java related patents, they would have also had to deal with all of Sun's other products (including hardware) which would not have been so appealing.
What would Google have done with Sun's hardware business? Shut it down? Gone into the hardware business themselves?
Groupon is pie in the sky sort of stuff and thus easier to acquire logistically speaking.
Re:Judge criticizes Google and Oracle at hearing
by orangecat on Thursday July 21, 2011 @09:59PM
(#2792078)
My impression is that the judge is determining the hypothetical damages if Android is found to infringe on Oracle's patents. Of course Google will say that's zero and Oracle will say it's eleventy billion.
Re:Judge criticizes Google and Oracle at hearing
by nl on Thursday July 21, 2011 @09:57PM
(#2792076)
The title (here "It appears Google will amost certainly have to pay something to Oracle") is totally wrong.
This is about the parties disagreeing what damages might apply if Google is found guilty. That is by no means certain, and this article doesn't address that issue at all.
It would be extremely unusual if the amount to come out of this phase of the case was $0, but Google is using that to put an argument for a low figure.
Re:Judge criticizes Google and Oracle at hearing
by latch on Thursday July 21, 2011 @10:14PM
(#2792119)
but Google is using that to put an argument for a low figure.
And pissing off the judge by making stupid claims. Negotiating isn't about starting at the lowest number, it's about starting at the lowest _reasonable_ number. Anything else and you just antagonize people (which Google apparently did)
Re:Judge criticizes Google and Oracle at hearing
by nl on Thursday July 21, 2011 @11:24PM
(#2792292)
And pissing off the judge by making stupid claims
Yeah, this is true. But Google needs to establish their position to the court as being "we don't make any direct revenue off Android".
The whole judge being pissed off is really just theatre. I'm sure the judge expected this, and his anger is more about speeding up the process than anything.
And don't forget the Judge is just as annoyed at Oracle's claims as Google's.
Re:Judge criticizes Google and Oracle at hearing
by blinkingled on Thursday July 21, 2011 @11:13PM
(#2792258)
To be fair to Google - doesn't the fact that they even agree to any damages weaken their case? I don't understand why they would have to determine damages before investigating if they infringed or not.
Going with Java and not buying Sun was HUGE mistake on Google's part - major strategic gaffe. You can thank Mark Hurd for the fact that HP did not buy Sun - even then Google would be better off as HP has no history of suing people left and right.
Re:Judge criticizes Google and Oracle at hearing
by tzs on Friday July 22, 2011 @01:38AM
(#2792558)
In a patent case, the plaintiff puts forth two arguments for the jury:
1. The defendant infringes the patent.
2. The damages for said infringement should be $X.
The defendant will put forth three arguments:
1. Plaintiff doesn't even have a valid patent. This is really several arguments, directed at pretty much everything that plaintiff must have done for their patent to be valid and theirs.
2. Defendant does not infringe the patent.
3. IF they did infringe the patent, the plaintiff's damage numbers are nuts and the correct damages would be $Y (which is much smaller than $X).
To make their damage arguments, both sides bring in experts on damages, who write reports which are submitted to the court, and then the experts testify about these reports in front of the jury. Before the trial starts, both sides challenge the qualifications of the other side's damages expert, trying to convince the court he's a quack and the court should throw out his report and make the other side offer a reasonable damage theory. That's about the stage they are at now.
The article cleverly hides this so that a layperson can't realize that his true disdain is for these two behemoths because they're not using LFSPs and a particular one, at that.
Re:Judge criticizes Google and Oracle at hearing
by jinushaun on Thursday July 21, 2011 @11:44PM
(#2792338)
Why didn't Google buy Sun when Sun was looking for a buyer? Google based its operating system on a patent-encumbered language like Java. They had licensing issues with Sun around Java even before Oracle bought them. Why didn't they buy Sun?
Re:Judge criticizes Google and Oracle at hearing
by jrockway on Thursday July 21, 2011 @10:06PM
(#2792096)
Doesn't this all end when Google decides they have a patent on something related to Oracle's products? It's like mutually assured destruction, except the losers are the small countries without any nuclear weapons.
Re:Judge criticizes Google and Oracle at hearing
by rryan on Thursday July 21, 2011 @10:19PM
(#2792123)
In general, Google has not aggressively patented things. They have been issued ~300 patents. Compare to IBM's over 26k patents in the US alone. Essentially they showed up to a nuclear weapon fight with a bouquet of flowers.
EDIT: I realize IBM is 100 years old and Google is 10.. they're still way ahead in patents-per-year, and the 26k is only active patents.
Re:Judge criticizes Google and Oracle at hearing
by WalterGR on Friday July 22, 2011 @04:26AM
(#2792790)
In general, Google has not aggressively patented things. They have been issued ~300 patents. Compare to IBM's over 26k patents in the US alone.
Is it possible that Google's patent assignment policy has affected those numbers "in Google's favor"? [1]
For example, could the policy be that patents are assigned to employees, but employees grant Google a non-revocable perpetual license to use those patents?
(IANAL, etc...)
[1] i.e. Fewer patents assigned to Google = less aggressively patenting.
Re:Judge criticizes Google and Oracle at hearing
by jerf on Thursday July 21, 2011 @11:10PM
(#2792248)
Remember the context of that. It's not a general statement (even if the authors would agree with the generalized "don't fight" version); it's in the context of two sides armed to the teeth. If only one side is armed, there is the "nuke the other side" solution, which at least in the way the computer was measuring works just fine. And in this case we aren't talking about literal deaths, so it applies even moreso. MAD doesn't work as a strategy when you don't have the A or the D.
Re:Judge criticizes Google and Oracle at hearing
by redthrowaway on Friday July 22, 2011 @12:48AM
(#2792469)
The only people I've heard complain about Panda are the SEO and content farm crowd. I'd pay those guys to whine at my wedding; a sweeter song has ne'er been sung.
And I'm not the only one who has a quality site that was adversely affected. There was collateral damage. It would have been practically impossible for there not to be. The only question is the matter of scale.
"Zero is ridiculous," said Alsup, who rejected Google's argument that its ad sales should not be included in estimating damages from the Android system.
"They're totally wrong on that," Alsup said.
Alsup is the judge.
What would Google have done with Sun's hardware business? Shut it down? Gone into the hardware business themselves?
Groupon is pie in the sky sort of stuff and thus easier to acquire logistically speaking.
This is about the parties disagreeing what damages might apply if Google is found guilty. That is by no means certain, and this article doesn't address that issue at all.
It would be extremely unusual if the amount to come out of this phase of the case was $0, but Google is using that to put an argument for a low figure.
Yeah, this is true. But Google needs to establish their position to the court as being "we don't make any direct revenue off Android".
The whole judge being pissed off is really just theatre. I'm sure the judge expected this, and his anger is more about speeding up the process than anything.
And don't forget the Judge is just as annoyed at Oracle's claims as Google's.
Going with Java and not buying Sun was HUGE mistake on Google's part - major strategic gaffe. You can thank Mark Hurd for the fact that HP did not buy Sun - even then Google would be better off as HP has no history of suing people left and right.
1. The defendant infringes the patent.
2. The damages for said infringement should be $X.
The defendant will put forth three arguments:
1. Plaintiff doesn't even have a valid patent. This is really several arguments, directed at pretty much everything that plaintiff must have done for their patent to be valid and theirs.
2. Defendant does not infringe the patent.
3. IF they did infringe the patent, the plaintiff's damage numbers are nuts and the correct damages would be $Y (which is much smaller than $X).
To make their damage arguments, both sides bring in experts on damages, who write reports which are submitted to the court, and then the experts testify about these reports in front of the jury. Before the trial starts, both sides challenge the qualifications of the other side's damages expert, trying to convince the court he's a quack and the court should throw out his report and make the other side offer a reasonable damage theory. That's about the stage they are at now.
As usual, digging deeper reveals the true story:
The federal judge's middle name is, quite literally, "Haskell":
http://en.wikipedia.org/wiki/William_Haskell_Alsup
The article cleverly hides this so that a layperson can't realize that his true disdain is for these two behemoths because they're not using LFSPs and a particular one, at that.
The fact is that Oracle can make much more money from Sun aquisition than Google ever could. And part of that moneymaking include suing everyone else.
EDIT: I realize IBM is 100 years old and Google is 10.. they're still way ahead in patents-per-year, and the 26k is only active patents.
Is it possible that Google's patent assignment policy has affected those numbers "in Google's favor"? [1]
For example, could the policy be that patents are assigned to employees, but employees grant Google a non-revocable perpetual license to use those patents?
(IANAL, etc...)
[1] i.e. Fewer patents assigned to Google = less aggressively patenting.
The only winning move is not to play...
A less biased report that actually matches what the judge said: http://www.mercurynews.com/weird-news/ci_18525231?nclick_che...
I'm not a member of either crowd. Here's me complaining: http://news.ycombinator.com/item?id=2767018
And I'm not the only one who has a quality site that was adversely affected. There was collateral damage. It would have been practically impossible for there not to be. The only question is the matter of scale.