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In Brief: What Google's Big Win Against Oracle Means for Patent Law

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24 May 2012

The "World Series of intellectual property cases" is over, and Google emerged with a winning verdict from its lengthy patent showdown with Oracle.

In Brief boils down complex events to give you the heart of the matter -- today and what it means for tomorrow -- clearly and simply.

What's Happening: The jury in Oracle's trial against Google found the search giant did not infringe on Google's patents because it could not decide whether Google's actions fell under fair use laws.

In 2010, Oracle sued Google for patent infringement on three separate patents. Google admitted it used Oracle's Java programming language, but insisted with equal vigor that the use fell under fair use laws.

Initially, it looked like Oracle would emerge victorious, as the jury decided earlier that Google had used Java's patents -- but the jury could not conclude that the company violated fair use laws, so it handed the win to Google.

What's Really Happening: This case has big implications for the Android platform. Had Oracle proven Google's Android operating system improperly used Java, Google may have been ordered to dole out royalty payments for years to come.

Now it doesn't need to make any changes, which is fantastic news for both Google and Android phonemakers like Samsung, as a ruling in favor of Oracle may have led to product bans.

This case was expected to set a benchmark in regards to how much money Google would have had to pony up in the future regarding patent infringement cases. Before the trial, Google offered Oracle $2.8 million in damages up front, with more paid every year. Oracle wanted a bigger check, demanding around $1 billion in copyright damages altogether. With the verdict in, there's no chance Google will cough up that kind of money any time soon.

What's Next: Google still may have to pay Oracle some money, depending on the way U.S. District Judge William Alsup rules on one of the last components of the case. But the amount is likely pocket change compared to what was on the table before the verdict.

The case with Google and Oracle was not the only contentious patent battle going on in the tech world, with Google's rival Apple is suing HTC and Samsung for patent infringement. While the iPhone maker is not suing Google directly, the cases have echoes of similarity: Apple believes Samsung and HTC have infringed on its patents, though it could be argued the phonemakers' adoption of Apple-esque technology falls under fair use.

Oracle confronted Google directly instead of engaging in a proxy war through one of its Android phonemakers, which is how companies generally wage war with Google over Android patents. The fact that Google's legal team turned the Oracle case around in their its client's favor demonstrates the legal muscle the search engine giant can flex, and this may scare off potential adversaries from taking Google to court -- including Apple.

The Takeaway: Google's victory will have major implications for how programming language can be used, and sends the powerful message that the search giant is a formidable legal foe.

This trial also demonstrates the complexities of intellectual property cases, especially since the jury thought Google was wrong for using Java without the proper patents but could not prove it due to the complicated wording of both the patents and the laws.

The jury's verdict could discourage tech companies from pursuing these kind of suits in the future, since it illustrates how a plaintiff could still lose a case even when the jury sympathized with their plight. Moreover, the foreman noted that Google's argument that it viewed Java as open source collaborative software swayed some of the tech-savvy jurors, suggesting jurors in the future are likely to pass down similar verdicts.

5 Reasons Not to Buy the Incredible LTE

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07 May 2012

Verizon plans to launch the Droid Incredible 4G LTE "in the coming weeks," but consumers should pass and wait.

The Incredible 4G features some decent specs: it's powered by Google's new Android 4.0 software, runs on Verizon's faster LTE network, and features a 4-inch high-resolution display, top-notch 8-megapixel camera with 28-millimeter f/2.2 lens, Beats Audio for better music and a speedy 1.2-gigahertz dual-core Snapdragon S4 chip.

So what's not to love?

1. Consider the HTC Rezound

The HTC Rezound, Verizon's fourth-quarter flagship phone, features a bigger 4.3-inch screen, with a higher 720-by-1280 pixel resolution -- that's a big difference.

The Rezound also comes with an 8-megapixel camera, a plenty-fast 1.5-gigahertz chip, and will soon run on Android 4.0 -- initially released with Android 2.3 -- and works on Verizon's 4G LTE network too.

While the Incredible is thinner, lighter, and offers NFC and Bluetooth 4.0, its only real advantage is HTC's Sense 4 -- over the Rezound's 3.5 -- a big improvement for a more streamlined interface, a 50 percent improvement in processing speed and lower power consumption.

For a new flagship phone, the Incredible offers slight upgrades in hardware. If you're considering the Incredible, give the Rezound some serious thought.

2. Consider the HTC One

The Incredible couldn't have come at a worse time. HTC is in the midst of a turnaround, after a serious decline last year. Why does that matter? The company overhauled its product line to focus entertainment, and the first batch of new phones is the... "One" series, which hit the market a few months ago.

That's right. The One is the future. The Incredible is the past.

AT&T and T-Mobile carry versions of it, but Verizon has yet to announce a launch -- but that's just a matter of time.

3. Sit Tight, HTC Is Revamping Its Products

Still, it's probably best to wait. HTC's second batch will be leaps and bounds ahead. So if you're looking at HTC, give the first generation of One phones a pass, and wait for them to work out the kinks before diving in.

4. Samsung Is on Top of Its Game

There's a reason Samsung sold over 20 million Galaxy S2 phones in under nine months. And the South Korean company just announced the successor, the S3, which also runs on Android 4.0, but features a massive 4.8-inch display, advanced "S Voice" technology that responds to spoken orders and gestures, and a 1.4-gigahertz "quad-core" -- not dual-core -- chip. It also comes with a 8-megapixel camera, but with "intelligent" camera options that tracks and adapts to what it sees you doing.

Verizon may water down the specs before releasing its version in the summer, but if you can wait a few months, it'll blow the Incredible out of the water.

5. The IPhone 5, Nuff Said

Rumors. They're all rumors, really. But still, we'll run through the list: made of liquidmetal, similar 4.6-inch screen, LTE-compatible, and other major changes. In short, it's the iPhone. Expect it sometime in June.

Bottom Line

If you're going cheap, the Rezound is a better choice. If you're sticking to HTC, wait for the next batch. And if you want the best, wait a few months.

When everyone's showing off their quad-core phones, Galaxy S3s and iPhone 5s, just don't say we didn't tell you so.

5 Reasons to Avoid HTC's Incredible LTE

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07 May 2012

Verizon plans to launch the Droid Incredible 4G LTE "in the coming weeks," but consumers should pass and wait.

The Incredible features some decent specs: it's powered by Google's new Android 4.0 software, runs on Verizon's faster LTE network, and features a 4-inch high-resolution display, top-notch 8-megapixel camera with 28-millimeter f/2.2 lens, Beats Audio for better music and a speedy 1.2-gigahertz dual-core Snapdragon S4 chip.

So what's not to love?

1. Consider the HTC Rezound

The HTC Rezound, Verizon's fourth-quarter flagship phone, features a bigger 4.3-inch screen, with a higher 720-by-1280 pixel resolution -- that's a big difference.

The Rezound also comes with an 8-megapixel camera, a plenty-fast 1.5-gigahertz chip, and will soon run on Android 4.0 -- initially released with Android 2.3 -- and works on Verizon's LTE network too.

While the Incredible is thinner, lighter, and offers NFC and Bluetooth 4.0, its only real advantage is HTC's Sense 4 -- over the Rezound's 3.5 -- a big improvement for a more streamlined interface, a 50 percent improvement in processing speed and lower power consumption.

For a new flagship phone, the Incredible offers slight upgrades in hardware. If you're considering the Incredible, give the Rezound some serious thought.

2. Consider the HTC One

The Incredible couldn't have come at a worse time. HTC is in the midst of a turnaround, after a serious decline last year. Why does that matter? The company overhauled its product line to focus entertainment, and the first batch of new phones is the... "One" series, which hit the market a few months ago.

The One is the future. The Incredible is the past.

AT&T and T-Mobile carry versions of it, but Verizon has yet to announce a launch -- but that's just a matter of time.

3. Sit Tight, HTC Is Revamping Its Products

Still, it's probably best to wait. HTC's second batch will be leaps and bounds ahead. So if you're looking at HTC, give the first generation of One phones a pass, and wait for them to work out the kinks before diving in.

4. Samsung Is on Top of Its Game

There's a reason Samsung sold over 20 million Galaxy S2 phones in under nine months. And the South Korean company just announced the successor, the S3, which also runs on Android 4.0, but features a massive 4.8-inch display, advanced "S Voice" technology that responds to spoken orders and gestures, and a 1.4-gigahertz "quad-core" -- not dual-core -- chip. It also comes with a 8-megapixel camera, but with "intelligent" camera options that tracks and adapts to what it sees you doing.

Verizon may water down the specs before releasing its version in the summer, but if you can wait a few months, it'll blow the Incredible out of the water.

5. The IPhone 5, Nuff Said

Rumors. They're all rumors, really. But still, we'll run through the list: made of liquidmetal, similar 4.6-inch screen, LTE-compatible, and other major changes. In short, it's the iPhone. Expect it sometime in June.

Bottom Line

If you're going cheap, the Rezound is a better choice. If you're sticking to HTC, wait for the next batch. And if you want the best, wait a few months.

When everyone's showing off their quad-core phones, Galaxy S3s and iPhone 5s, just don't say we didn't tell you so.

Malware: The Threat to Google's Android Empire

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03 May 2012

A new virus is infecting Android devices, the latest in a persistent threat to Google's operating system.

The new Trojan virus, called "NotCompatible," downloads automatically to users' phones and tablets without their knowledge upon visiting certain websites, according to security firm Lookout. Once a person's device gets infected, all personal information on the handset is at risk to the hackers behind the virus.

Analysts say the threat on Android devices is not widespread at this point, but the fact that a virus can be downloaded through a mobile browser at all is damaging to the platform and could widen the threat of malware to a bigger pool of users. Malware issues within the Android Market have plagued Google's OS for some time, but users could steer clear of threats by making sure their downloaded apps were legitimate.

This new Android virus can hide in Web pages that users visit all the time, leaving all users susceptible to malware without any warning. NotCompatible has only popped up on websites with very little traffic. However, if hackers are able to affect larger sites visited by millions everyday, the Android platform will have a tremendous black eye that may drive off current users and scare away new ones.

Android has a history of issues with viruses that only seems like it's getting worse, but its competitors have nearly pristine reputations. Apple's iOS has a clean record for a mobile platform, and Microsoft's Windows Phone, beginning to emerge as a real player in the market, has shown very little permeability.

Google's OS is still the market share leader in smartphones, but if it can't contain viruses through its mobile browser, its numbers will take a severe hit as customers turn to Apple and Microsoft.

The timing of viruses affecting Android devices through Web browsers couldn't be worse for Google's planned venture into tablets, which will likely find large amounts of users clicking on websites and downloading apps and media. The company is planning on diving deep into the tablet market later this year with Android 4.0 powered devices, but consumer fears about viruses could put a serious damper on those plans.

In the past, Google has fought malware in the Android Market with its Bouncer software, and has defended its OS from claims that it's prone to viruses. However, the steps the company has taken to fix the problem with its apps thus far have been unsuccessful, and issues that continue to pop up suggest the problem is as bad as critics say.

Google needs to get out in front of the this Android virus issue and assure users they won't continue to fall victim, or it runs the risk of its mobile platform becoming the ultimate casualty.

Why Google Won't Save Motorola

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02 May 2012

Google won't jeopardize its valuable alliance with Android makers by beefing up Motorola, but rather, take what it needs from the beleaguered handset maker, leaving it to hemorrhage out.

Mototola reported losses again this quarter, with poor sales and merger-related costs dragging the company down. Though 20 percent of the company's losses were related to its pending merger with Google, the rest came from lackluster phone sales, as Samsung continues to edge the company out of the market.

Google pledged to treat Motorola the same way it treats other Android partners, but as its new business venture hemorrhages money, the search giant may end up treating the company worse than its competitors, simply absorbing its parts.

The search giant's interest in Motorola stems from the company's robust patent portfolio, which will help Google equip itself in patent skirmishes against Apple and other rivals. Google is also pushing into branded tablets and smartphones, and it may use Motorola's hardware know-how to move ahead with those plans.

Motorola is not keeping up with Samsung and other more successful rivals like HTC. The company would certainly need help from Google to recapture its market share. Instead, Google is discussing the sale of Motorola's more profitable home segment, leaving its flailing mobile component even deeper in the hole, and it may not be long until it begins an even broader sale.

Google would have to perform a tricky balancing act to help out its companion company without upsetting its more successful Android partners. Both HTC and Samsung, though initially publicly supportive of Google's acquisition of Motorola's patents, have expressed a willingness to beef up their phones on other platforms -- mainly, windows -- and Google won't be willing to jeopardize the standing of its OS with two major phone makers.

Many Android manufacturers worried Google will favor Motorola in the wake of the acquisition, and bailing out the troubled company could be an unfavorable signal that Google may not want to send to its partners.

The merger between Google and Motorola is still pending Chinese approval, although Europe and U.S. gave the go-ahead. Since Motorola is banking on the acquisition, it could be in even more trouble if the deal falls through.

Motorola may not turn around its finances on its own, and if Google tries to help the flailing company, it risks angering its Android associates, which may lead to a major shakeup in the mobile industry. Google's alliance with Motorola gave it patents and boosted its hardware capabilities, but if it endangers the company's partnership with Samsung, it may have cost more than it is worth.

Google spent a pretty penny on Motorola, but the biggest threat to its pocketbooks is a collapse of its Android empire, and that is likely to remain its priority.

Why AT&T Needs Android, And Not the IPhone

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24 April 2012

AT&T built a solid base selling the iPhone, but Verizon gains the advantage with an LTE version, forcing AT&T to shift allegiances to Android or Windows to sustain its success.

Why AT&T Needs Android, And Not Another IPhone

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24 April 2012

AT&T built a solid base selling the iPhone, but Verizon gains the advantage with an LTE version, forcing AT&T to shift allegiances to Android or Windows to sustain its success.

Do You Need a Windows Phone? Verizon Says Yes

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20 April 2012

Verizon is planning a big marketing push for the launch of Windows Phone 8 later this year, giving the struggling OS momentum to take on Apple and Android.

One Android Phone to Rule Them All

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18 April 2012

When Google purchased Motorola, industry experts believed it was a patent-play to shore up Android from lawsuits. But the Internet giant has far greater ambitions -- a line of Google phones -- which is leading to factions, and possibly, the downfall of the Android alliance.

App Developers Drift Away From Android

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20 March 2012

Developers' interest in the Android platform has decreased, according to a survey from Appcelerator, which could eventually affect sales of devices running the popular operating system.

The number of programmers who said they are "very interested" in creating software for the Android platform on mobile phones fell to under to just under 80 percent, while only 65 percent said they want to develop for Android on tablets. Apple's iOS led the pack among mobile operating systems, with 89 percent of developers giving the platform their vote of confidence.

Android is still well ahead of the next closest OS in terms of developer interest in creating apps, but the decline in its popularity among programmers is alarming for a platform that leads all its competitors in market share.

"Our thought is a lot of developers are unhappy with the fragmentation of the platform as well as the fragmentation of the monetization platform," Mike King, Appcelator's principal mobile strategist told CNET. "Those things make it very difficult if you're a developer to make money on Android."

King said that developers have to account for the different screen sizes, features and manufacturer skins of all the different Android devices, a chore that offsets the tremendous number of users it reaches on the platform.

Google is fighting to end the issue of fragmentation in its mobile software, but so far, all of its attempts have failed to fully rectify the problem. It intended Ice Cream Sandwich, the latest update to Android, to help end inconsistencies in the platform, but the update has had little impact since its launch late last year due to phone makers delaying a widespread release.

Developer abandonment of the Android platform could be the first step in a fall from grace for Google's mobile software. If programmers continue to lose interest in OS, major apps could start to disappear from the Android Market and show up in competitors' mobile stores, making other platforms more attractive to handset and tablet users.

Once users begin to realize Android is not giving them the best available apps for their mobile devices, they'll likely begin to make the jump to handsets running a platform that does.

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The most interesting latest news on the topic: Android