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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.

Is Anyone Using Google+?

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15 May 2012

New data suggests Google+ is not capturing users the way the Google suggests, but the research may not be as damning as analysts think.

Research company RJ Metrics found that of the 40,000 Google+ accounts it monitored, 30 percent of users who make a public post on Google+ never post again. Metrics also discovered that the average number of public posts is declining steadily each month, and the average post gets less than one reply.

Finally, Metrics said that Google+ users spent just a little more than 3 minutes a month visiting the site, while the average Facebook user spent more than seven hours on its social network over the course of one month.

Metric's data may pour cold water on the glowing statistics Google likes to put out about its new service, which they say boasts 170 million users, but the research does not necessarily mean all is doom and gloom for the young social network. All the activity Metrics observed and recorded was of the public variety; the company was not allowed to watch private interactions between Google+ users.

For example, if a member made a post that was only viewable to a specific circle of friends it went unnoticed by Metric's research. All replies and interactions on those posts were also subsequently ignored.

The exclusion of private posts and interactions in Metric's Google+ research skews the company's findings against the social network. Users' ability to post things so that only specific groups will see the content is one of the biggest draws of the service. Google said that more interaction and sharing occurs privately than publicly on Google+, making public posts just a small part of the social network's overall package.

Still, while Metric's research does not represent all the user's activity on Google+, it's safe to say the service still lags far behind Facebook. The software giant continues to attempt to put a public spin on its social network, and not admit it has fallen short up to this point. It has made recent moves to boost photo sharing and improve its mobile app, but measures have not yet been able to close the distance between the two social network rivals.

Google's social network may not be as vacant as Metric's research makes it seem, but the company is likely telling less than the truth when it says it's happy with its performance. In this case, reading between the lines both parties are putting out gets closer at the reality of the fledgling social network's popularity.

In Brief: What Oracle's Win Means for Google

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08 May 2012

The jury ruled Google infringed on Oracle's Java language, but failed to reach a decision on whether the software fell under fair use laws, giving Google breathing room to fight back.

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 two tech giants are going head-to-head in a San Francisco court with a blockbuster eight-week trial. The rulings from the landmark case could hamstring Android's fortunes in the mobile market since Oracle alleges Google's Android OS violates Java patents it acquired with its acquisition of Java-maker Sun Microsystems.

Monday, the jury found Google violated the sequence, structure and organization of 37 Java API copyrights, but ran into an impasse on whether the infringement was fair use.

What's Really Happening: The question of fair use, which the jury set aside, will be crucial to determining damages. If the court decides Google's use of the Java programming tools is fair, the company would not be liable for damages in connection with some of Oracle's copyrights.

The jury's inconclusive decision about Google's actions, by failing to characterize them as fair or not, takes a lot of the bite out of this first early decision and is leaving many frustrated over possible implications.

What's Next: Court watchers are reluctant to read much into the partial verdict in the high stakes lawsuit, and are focusing instead on the next phases of the trial.

Since the fair use element is so important to the case, both sides are pushing for more clarification. Google motioned for a mistrial while Oracle motioned for the presiding judge in the case to issue a verdict. Federal Judge William Alsop is expected to make a ruling on both matters later in the week.

The Takeaway: An award in the high-stakes case could be substantial, with Oracle seeking about $1 billion in copyright damages. But before there is talk of awards, the court needs to decide whether APIs, or application programming interfaces, which are the tools used to develop the Java software language, can be copyrighted like software code.

"The core issue is whether the APIs here are copyrightable, and that's for the court to decide. We expect to prevail on this issue and Oracle's other claims," said Google spokesman Jim Prosser, adding, "the overwhelming evidence" demonstrated that Google knew it needed a license for Java.

Both Google and Oracle must respond to a series of copyright questions no later than May 10. Alsop immediately moved the trial forward to the next phase of the trial, dealing with patents, and a third phase involving possible damages follows.

Why Google's Driverless Cars Still Need a Human Touch

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08 May 2012

Google received the first license to test driverless cars in Nevada, paving the way for a revamped driving culture.

The cars pilot themselves using lasers installed in the roof and grill, and passengers often do not have to touch the brakes or steering wheel to reach their destination.

Las Vegas residents may see the test batch out on the streets immediately, identified by a red license plate with an infinity symbol on it. Don't expect empty vehicles picking up their passengers, because two people must be present in the cars at all times.

The navigation system can sense pedestrians, other motorists, cyclists and other hazards, but if a problem occurs the passengers can override the auto-pilot and drive the car themselves. The system sounds like it combines the ease of convenience with the control of traditional vehicles: so, what's the problem?

After Google got its hands on a license, the DMV suggested other companies are clamoring to try their hands at auto-piloted cars, so they may be available for commercial use on a wide scale soon. Google envisions the cars as a remedy for the distracted driving uptick plaguing the country.

Auto-piloted cars, however, invite the people inside to focus on other things, which will wreak havoc if a glitch occurs when the passengers aren't paying attention. Instead of curbing distracted driving, the cars may cultivate it, lulling the people inside into a false sense of security.

While the cars may drive more slowly and deliberately than a texting teen, they also lack a pretty vital quality -- they aren't sentient, so they can't react to specific situations the same way humans can. For instance, if a traffic light or stop sign is down, the cars may not recognize the need to tailor driving to the unforeseen obstacle, while passengers may not be paying vigilant attention since the car is doing the work.

If anything deviates from the norm or the car's system shuts down, relaxing passengers are not likely to spring into action with the same reaction times as people who feel responsible for their well-being.

Recent driving innovations like Newcastle University's DriveLab, which monitors the driver's health and assists in making difficult turns, are likely to help people become better drivers because they still require concentration on the task at hand, while the driverless vehicles go a step too far removing personal responsibility.

Especially in its early incarnation, Google's auto-piloted car isn't perfect, and as other companies get the go-ahead to roll their models out, the roads may become more dangerous, not less, as drivers cede their responsibilities to their cars, ironically, in the name of safer driving.

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.

In Brief: How Google and Facebook Play Politics

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23 April 2012

Google and Facebook hit record levels of spending on lobbying efforts, as the Internet giants ramp up political influence in light of increasingly intense regulatory scrutiny.

In Brief: How Apple and Google Keep Silicon Valley Salaries Down

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20 April 2012

Rival tech companies are facing an antitrust lawsuit, accusing them of a secret pact to stop poaching each others' employees and keep wages down.

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.

Daily Roundup: March 21, 2012

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21 March 2012

Apple and its rivals appear to be starting a new war over SIM cards, while Chrome won the battle of the browsers, if only briefly, over Internet Explorer.

Meanwhile, an iPhone owner learned that if he wants to get results, it's best to start at the top, and HP is merging its printer and PC divisions.

Plus, if you're looking for a good scare, try Netflix, which is unveiling a 13-part original horror series early next year.

Apple, Rivals Heading Toward SIM Card War

The next-generation nano-SIM card is spurring another war between Apple and its rivals in Europe.

The European Telecommunications Standards Institute is set to vote on Apple's plans for the new card. The problem is Apple's version requires a special drawer for the card, which is already designed into the iPad and iPhone.

However, the competing design led by Nokia and backed by Motorola and RIM is described as having "significant technical advantages." The SIM design would be licensed to any organization, but some are worried the nano-SIM patents could fall under Apple's controls, further exacerbating the patent wars between tech companies.



Man Takes iPhone/AT&T Complaint To Tim Cook Himself

A frustrated iPhone owner is able to use his device in Canada, after he wrote a letter Apple CEO Tim Cook to complain after AT&T told the man to "just jailbreak" the device.

The owner, while moving to Canada, learned his AT&T phone wouldn't work there, but he still wanted to use it. He called AT&T, who told him to call Apple, who told him to call AT&T. After the last call, when an AT&T employee told him to jailbreak the phone, the man had enough and complained in a letter written directly to Tim Cook.

He said his entire family is immersed in the Apple brand and "Apple has touched every aspect of our lives and made it richer."

His plea worked. Not long after he sent his letter, AT&T called the man to tell him Apple requested they fix the iPhone issue. After the man confirmed his ID number and plugged the phone into one of his four Mac computers, his iPhone is now unlocked.



HP to Merge Printer, PC Businesses

Hewlett-Packard is merging its printer and PC divisions to save costs and boost growth.

PC chief Todd Bradley will head the new unit. CEO Meg Whitman said the reorganization will increase effectiveness and efficiency.

The company is also planning to unify other functions such as marketing across the business to promote a stronger brand and improve efficiency.



Netflix Adding Horror Series to Its Lineup

Netflix will add its exclusive horror series "Hemlock Grove" early next year, as the video streaming and DVD rental service continues to add original programming.

"Hemlock Grove," an adaption of Brian McGreevy's novel by the same name, will star Famke Janssen and Bill Skarsgard in what Netflix says is a "gripping tale of murder, mystery and monsters set in a ravaged Pennsylvania steel town." The 13-part series' exact release date has not been announced.



Chrome Goes to the Top, Briefly

Google's Chrome web browser overtook Internet Explorer to become market leader globally for the first time for one weekend day, web analytics firm StatCounter said.

"While it is only one day, this is a milestone," said Aodhan Cullen, StatCounter's chief executive. "At weekends, when people are free to choose what browser to use, many of them are selecting Chrome in preference to IE."

On March 18, Chrome was used for 32.7 percent of all browsing, while Explorer had 32.5 percent share. However, when the weekend ended, people went back to using Internet Explorer, possibly because they were back at work and IE is used in more offices.

Explorer remains on top worldwide, but is slipping slightly as other browsers like Chrome, Safari and Firefox become more widely used.

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The most interesting latest news on the topic: Google