Was Google's Motorola Mobility Acquisition a Mistake? 189
Nerval's Lobster writes "Even before the Google acquisition, Motorola Mobility was engaged in a major legal battle with Microsoft, insisting that the latter needed to pay around $4 billion per year if it wanted to keep using Motorola's patents related to the H.264 video and 802.11 WiFi standards. (The patents in question affected the Xbox and other major Microsoft products.) Had that lawsuit succeeded as Motorola Mobility originally intended, it would have made Google a boatload of cash—but on April 25, a federal judge in Seattle ruled that Microsoft's royalty payments should total around $1.8 million per year. 'Based on Motorola's original demand of more than $4 billion per year from Microsoft,' patent expert Florian Mueller wrote in an April 26 posting on his FOSS Patents blog, 'it would have taken only about three years' worth of royalties for Microsoft to pay the $12.5 billion purchase price Google paid (in fact, way overpaid) for Motorola Mobility.' This latest courtroom defeat also throws into question the true worth of Motorola Mobility's patents. After all, if the best Google can earn from those patents is a few pennies-per-unit from its rivals' products, that may undermine the whole idea of paying $12.5 billion primarily for Motorola Mobility's intellectual-property portfolio.
Everything was fine yesterday.... (Score:5, Insightful)
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Re:Everything was fine yesterday.... (Score:5, Insightful)
I think a lot of people at the time of the purchase did raise that the price was too high. From other sources, who were also interested in the Motorola IP, the IP valuation I was hearing was ~$3B. Was the rest of Motorola worth $9B?
The article is one sided, only mentioning INCOME from this IP.
It hardly addresses the defensive aspect of having this IP in their back pocket.
Who knows how many billion dollar judgements Apple might have been able to extract for bounce back scrolling or whatever. Having one of you own patents cover what you do pretty much makes it impossible for Apple or some random patent troll (pardon the redundancy) to come after you, saving billions of dollars.
Patents have value beyond JUST a revenue stream. In fact, only a Patent Troll would think of patents ONLY as a revenue stream. Which makes the whole article somewhat suspect.
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I think the wheels are starting to come off the patent gravy train. As judges wise up to the technology and the issues over time they are starting to realize how screwed up these patents really are.
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...pretty much makes it impossible for Apple or some random patent troll (pardon the redundancy) ...
Yeah, you had to get that in there, but Apple is at least a practicing entity (ie, they sell stuff htat uses those patents. The worst are the NPE shell companies that sue you for infringement of their IP, but you can't sue them back becase they will simply close up shop and open another front... oh and they have no assets nor sell anything so you can't extract anything at all.
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"The article is one sided, only mentioning INCOME from this IP.
It hardly addresses the defensive aspect of having this IP in their back pocket."
That's along the lines of what I thought then and now.
Doesn't have to be the most bestest arrow in the quiver, just has to work at all. IIRC there are all kinds patents in the bundle; not only may some come in handy for future cases, and some only have to be useful to Google along the way, not just defensively if only by giving pause to future trolls and whatnot, b
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I think a lot of people at the time of the purchase did raise that the price was too high. From other sources, who were also interested in the Motorola IP, the IP valuation I was hearing was ~$3B. Was the rest of Motorola worth $9B?
That's been mitigated somewhat by selling a part of Motorola to the ARRIS Group for $2.2 billion in cash along with 10.6 million shares of its stock issued to Google. This is the "Motorola Home" group that makes cable set top boxes, etc.
Re:Everything was fine yesterday.... (Score:5, Interesting)
Something in this part makes me twitch... "patent expert Florian Mueller ". I don't know much about Florian except that he gets the word 'shill' used next to his name on occasion, I can't even remember why. Therefor I do apologize if I am mistaken if my mistrust is misplaced.
Re:Everything was fine yesterday.... (Score:5, Informative)
Mainly because he is paid by Oracle and Maybe even Miscrosoft and is often biased in favour of his paying masters.
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That's right.... I knew there was something about him that's makes whatever he says questionable. thanks
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link?
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His expertise is in this, so he writes about this. Are you going to tell me that I should tell my math professors there's more to life than just math?
Seriously, you should also know that there's more to life than slashdot, and needing to respond aimlessly.
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and this... 'it would have taken only about three years'
so what? Now it will take 6? They also bought a working company that oh I dont know makes product and not patents?
They make a phone OS. The motorola guys make phones. Seems like a good idea. They may have a helpful tip or two on what to do...
Over the years I have used may Motorola phones. You take care of them they work pretty good. My next one will prob be a samsung...
Sometimes things do not ROI on day one. Sometimes it takes a few years. It
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They make a phone OS. The motorola guys make phones.
The motorola guys also make a phone OS, and were doing so before android was a gleam in Andy Rubin's eye.
Somewhere in the development of the original Razr which sold well over 130 Million units, there must be some IP and experience worth a few bucks even today.
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But the problem with Google buying a mobile device manufacturer is that it puts Google into conflict with everyone else making Android products. Now Google has to work extra hard to convince all of the other Android device manufacturers that the
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I think the best thing Google can do is what they seem to have done so far - tre
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At that point, some of the manufacturers might decide paying $30 per device to license Windows Phone, writing your own mobile operating system, or abandoning the market completely might become more cost-effective than us
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Except there's no basis in facts here. The judge has done something no court has *EVER* done. They basically legislated what people do via normal bargaining.
Don't expect this to hold water for even a second once it gets appealed. There's no basis for such a decision. I'd be willing to bet any amount of money on that.
Meanwhile, we have an article from Florian Mueller about a flawed premise: Microsoft's competitors. What else is there to say when you're quoting a fraudulent man paid for by Microsoft? I would
Stopped reading at Florian (Score:5, Insightful)
I stopped reading when I saw the name Florian.
He is a professional Troll, STOP POSTING HIS STUPID BULLSHIT!
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Seriously Slashdot editors. This guy is a paid troll. It's been proven on Slashdot repeatedly. PLEASE STOP POSTING HIS BLOG.
Between this and Timothy's Quirky piece I am definitely leaving. (Yes yes I realize I'm an anonymous reader, have been for 10 years. Privacy/anonymity is a good thing right?)
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I forget about /. for a few years, come back and it just feels like home.... :)
They're still WAY better than lifehacker.
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Bathroom graffiti is better than LifeHacker.
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gawker blogs are the same amount of garbage they have ever been. That hasn't changed.
Re:Stopped reading at Florian (Score:5, Insightful)
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I can think of one major difference: The way the names work with their bias.
Groklaw doesn't give any wrong impressions. It doesn't necessarily leave a lot of impressions about any specific topic they're going to cover.
FOSS Patents gives an impression that it would be in favor of FOSS, if you've never heard of it before. More often than not, the articles all support proprietary patent use and put down FOSS left and right.
So, yeah. Right there, I'm a little biased to like Groklaw over FOSS Patents, because at
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That was a bold statement.
Evidence?
Re:Stopped reading at Florian (Score:5, Informative)
Groklaw is archived by the Library of Congress. That's quite a privilege and compliment. Groklaw has won numerous industry awards.
Years ago, in court filings, IBM expressly disclaimed any connection with Groklaw. If SCO, or anyone for that matter, had any evidence of this, it would definitely have been pointed out to the court that IBM was making false statements.
Re:Stopped reading at Florian (Score:5, Insightful)
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It's fucking absurd. Whoever is wasting money funding this guy should give it to me. For half of whatever they're paying him, I'll buy a windows phone. That seems like a much better return on their investmen
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I wouldn't worry too long. With the amounts of money MS is losing (and the evidence they build against themselves for antitrust), they won't last very long at this rate, with investigations underway. Continuing to push for patent settlements at the same time as antitrust investigations into patent trolling is probably the worst decision to possibly make.
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maybe you should look at their marketshare.
it's easy to shuffle numbers to show a profit, it's not easy to shuffle numbers for marketshare.
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Re:Stopped reading at Florian (Score:5, Informative)
[Nerval's Lobster] is a "Senior Editor at Slashdot," Nick Kolakowski [slashdot.org] (Twitter [twitter.com], Literary Gun For Hire [nickkolakowski.com]), who writes articles for Slashdot (and other places [huffingtonpost.com]) and apparently submits them under the guise of a "user" named Nerval's Lobster. Nerval's Lobster's submissions are "accepted" by the editors nearly every day, and always link to Slashdot's "Business Intelligence" or "Cloud" content... effectively passing off paid content as normal, user-submitted content.
The full post (very interesting) is here [slashdot.org].
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I stopped reading when I saw the name Florian.
He is a professional Troll, STOP POSTING HIS STUPID BULLSHIT!
And he's not even a good troll. What ever happened to Dvorak? That was some classic tech click trolling!
No. (Score:5, Insightful)
How many lawsuits have been avoided because Google now has a formidable patent portfolio. Was the money spent on a nuclear arsenal wasted because there was no actual nuclear war?
Re:No. (Score:5, Insightful)
Exactly. The portfolio isn't about MAKING money. It is about PREVENTING THE LOSS OF MONEY.
http://en.wikipedia.org/wiki/Risk_management [wikipedia.org]
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Well, at 12.5 Billion dollars, they just failed miserably at preventing the loss of money.
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maybe you should see how often they win lawsuits, and how they are making money hand over fist quarter over quarter. Google doesn't mess around.
Let me tell you who isn't doing any of the above (as in success):
the entire group that is colluding against google, aka oracle/ms/apple, among others.
You can almost pinpoint their exact downfall to the moments with which they declared google an enemy and stopped investing in new technologies.
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lol. record quarterly profits?
reality disagrees with you. http://online.wsj.com/article/BT-CO-20130124-717358.html [wsj.com]
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no, it was extortion
Moto was threatening to sue other android phone makers unless google coughed up the cash. that's why the former CEO left as soon as the sale completed.
in the end most of Moto's patents are FRAND. the kind where they declare them to different standards organizations and agree to tiny royalties for whoever asks
the others are easy to get around
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proof/cite from a valid and honest website?
I've never heard of moto threatening to sue their competitors.
Re:No. (Score:5, Insightful)
Bouncy scrolling. Rectangles with rounded corners. Slide to unlock. Etc. Obviously these patents must be worth a mint, while Motorola's patents on actual underlying technology, developed by engineers in a lab, are worth little.
Re:No. (Score:5, Informative)
The judge here decided that, for FRAND patents at least, basing the percentage off the device price was silly, and reduced it accordingly. Arguably that's a much more sane way to do it, considering that devices are becoming more and more multifunctional. Motorola still gets 2.25%, just of the part of the Xbox which uses H.264 instead of the entire Xbox price. If that becomes the norm in the industry, that would be much better for Google and anyone actually making stuff. The losers would be patent trolls and companies which make most of their money licensing their patents instead of building products which use them.
The only issue that remains is the discrepancy between FRAND and regular patents. This decision only covered FRAND patents. If FRAND patent royalties get reduced to a percentage of specific features, while regular patent royalties remain a percentage of the device price, then we will have the backwards situation where a patent on bouncy scrolling and rounded rectangles is worth more than a technical H.264 patent. But that should sort itself out in a few years. If regular patents become worth more than FRAND patents, nobody in their right mind will submit their patent for FRAND anymore and there will be compatibility chaos in all industries. Either regular patents will be reduced to a percentage of specific features as well, or this judge's decision will be overturned and FRAND royalties will return to a percentage of the device price.
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So Google (or anyone, eg Samsung, etc) could point to this decision as precedent that an Android phone should only be charged some small percent of the part of the device that does the bouncy scrolling, based on how much money the bouncy scrolling feature earns of the overall device price. (Basically not much.)
obvious... (Score:1)
Seattle judge, Microsoft is located in Redmond near ... (hint 15.3 miles away)
a Mistake? (Score:1)
I sincerely hope it turns out to be a big one. Gotta take the profit out of speculation somehow.
Florian Mueller is like a Microsoft PR guy (Score:5, Interesting)
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Google's purchases tend to be investments. Youtube, Android, Doubleclick, etc. all took years to develop into a viable product and bring in real returns. There's no reason to expect Motorola's going to be any different. If I were a betting person, I'd put money on something coming out of this purchase in two or so years.
Microsoft made several such smart purchases in the past as well. Not so much recently though.
Idiots (Score:2)
There is a lot more going on at Motorola Mobility then that lawsuit.
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Frankly, I wish that were true.
My Bionic just upgraded to Jelly Bean, after upgrading to ICS just a few months ago.
I want Gingerbread back. It was faster and more responsive.
In any case, my 18 month old Motorola phone just got a major upgrade (less than a week ago.) So I call BS.
Beside the point. (Score:5, Interesting)
Two important things are missed here:
1) Google mainly bought the patent portfolio for defensive purposes, not as revenue engines in themselves. The point of the suit is that MS wants to use the patents without paying for them. It's basically a move in the MS-vs-Android war.
2) The judgement doesn't pass the smell test. Read the articles over at Groklaw for the details, but the judge here is ruling that Motorola must accept patent pool rates for a pool they don't belong to, rather than negotiate rates using the methods of the group they are a member of. The whole proceeding has been slanted toward the home team (MS) the judgment seems to be very much an overreach, and probably won't survive appeal.
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That was MS theory yes, Judge did not agree though.
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Nope, and frankly MS didn't even make that case, or it's not mentioned in the summary and judgement. Besides this case started prior to that acquisition anyway.
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One big reason for Google to be interested in Motorola is that, at the time Google bought them, Motorola was making a LOT of noise about using its patent portfolio to go against not just Microsoft and Apple but other Android vendors as well. Which would have hurt Android and hurt Google.
Buying Motorola allowed Google to end that threat.
Unfortunately... (Score:2)
Hardware patents which require actual innovation, research, and significant funding aren't worth very much. Software patents, which seem to often be pulled out of one's behind without much thought, are worth billions of dollars and are strong enough to shut other companies down. Hardware patents? Pennies and no leverage against infringers. What a joke this patent system is. True innovation is left essentially unprotected, whereas trivial, obvious "inventions" get massive, industry crushing protection.
Aw shucks... (Score:2)
Google/Motorola Mobility might actually have to manufacture and sell a product to justify their capital expenditure! The horrors!
Also, I agree with posters above, I thought the patent portfolio aspect of the deal was a defensive one.
The logic is quite good (Score:2)
Was reading Slashdot a mistake? (Score:5, Informative)
I've been following this site since before it had user accounts. It has really been a downhill ride in recent years. It is more and more just about click-whoring.
This article is a case in point. Slashdot editors must know by now that Florian Mueller is a professional troll who is paid to spew FUD about his clients' enemies in the media. That the editors do not care, since FUD articles apparently are click magnets, just makes me feel nauseous about coming back here.
There are so many more intelligent commentaries about this ruling that could have been posted instead.
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catering to the masses, because success is measured by numbers alone.
click, the new sound of money.
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Re:Was reading Slashdot a mistake? (Score:4)
If anyone can do that, it's Google (Score:1)
Larry: "Yes, Sergei?"
Sergei: "I, umm... I misclicked."
Larry: "On what?"
Sergei: "Motorola. I was browsing Corpazon and I accidentally clicked the 1-Click Buy button for Motorola."
Larry: "How much is that?"
Sergei: "12.5 bils..."
Larry: "Meh, just keep it. Not worth the bother to cancel that."
Sergei: "Alright... I guess we might be able to use them for some of our Android stuff."
*Larry shrugged*
Epic fail (Score:5, Insightful)
Quoting Florean Mueller that is.
Was quoting Florian Mueller a Mistake? (Score:3)
Misatake? Probably not (Score:2)
Google now has a handset maker in house, which gives them certain advantages in the mobile market beyond the patent portfolio.
Google's acquisition of Motorola Mobility is certainly more honest than Microsoft's ongoing stealth assimilation of Nokia.
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There is always the Armageddon option. Say Windows Phone 9 becomes such a best seller that everyone (ZTE, Huawei, the people who make Blu phones, and Samsung) join the bandwagon. Android will still have a future and a guarenteed roadmap.
For consumers who just want the coolest thing, this isn't a big deal. However, for the enterprise where they want to know that a device investment won't result in useless items, this is important. Android developers are also assured that there is a future for the OS, no
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You would think, however Nexus 4 was an epic fail in delivery leaving a lot of frustration from consumers. Also why Google branded an LG/Samsung phone for Nexus and has not yet branded a Motorola phone for Nexus is beyond me, there isn't even a rumor that its in the works.
I don't think Google knows what to do with Motorola.
If so, so what? (Score:2)
If you're buying a company because you expect it to win big in IP lawsuits, you're doing a bad thing.
Not a mistake (Score:2)
At least, not a mistake for Motorola shareholders. They made out like a bandit on that deal.
I don't think (Score:2)
MS show themselves to be hypocrites, again (Score:2)
Worth of Googles patent portfolio .. (Score:2)
In this day-and-age patent portfolios are bought so as to protect you from getting extorted by the other fella, as such it was a good buy.
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Was Google's Motorola Mobility Acquisition a Mistake?
first answer:yes
second answer:duh
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Yes, it is indeed another shining example of Betteridge's law in action.
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I disagree. With this one judgement it's a 7 year repayment term and when evaluating a company you generally look at it's 15 year P/E so they're doing pretty well I would say.
Re:I thought it was all about Apple (Score:4, Insightful)
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Doh! Indeed. Thank you for the correction - misread it.
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Living quarter-to-quarter (Score:2)
when evaluating a company you generally look at it's 15 year P/E
Then where did the meme come from that companies are so interested in making the next quarter look good at the expense of future years?
Re:I thought it was all about Apple (Score:5, Insightful)
New, bright and shiny, fish and clean -- all porpoise cleaner!
Re:I thought it was all about Apple (Score:5, Funny)
Google bought Motorola for one porpoise: using its patent portfolio defensively.
baha if that was their goal then they should have bought a whale or penguin instead!
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It might have been cheaper to sue everyone.
Re:I thought it was all about Apple (Score:4, Interesting)
Reading comments from the executives of Google, that doesn't seem to be the case. It was a big part of the reason that they bought Motorola, but not the "one porpoise" (I didn't know Google would have bought another company for a sea animal with such a weird name as "using its patent portfolio defensively").
Google has been saying they're also just interested in being in the hardware business, and they see Motorola as one means to that end (from the looks of it, not the only). It looks like they're achieving their goal of breaking into hardware more via Motorola, even if they haven't made it profitable. Still probably cheaper than if they had started the whole thing from scratch. And Motorola hardware has a name for itself--whether that's good or bad to different people, it's still a name (personally, I love Motorola hardware and just happened to hate their software enough to not care about the hardware--it looks like Google's influence over the software might be fixing that issue in the future; others, of course, feel differently than I do). Google doesn't have a name for itself in direct hardware at all (aside from the Nexus line, which still isn't much of a name at all compared to practically everyone else in those fields), and they don't have to build that name because they got Motorola's name.
The whole purchase of Motorola makes more sense when you take the whole breaking into hardware aspect into account. It just has to be seen whether Motorola can actually make Google any money still.
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Unless I'm misunderstanding how lawsuits work, it seems to me that if Google's one purpose for purchasing Motorola Mobility was for defensive reasons, they would have halted the lawsuit against Microsoft after assuming control of MM.
Re:I thought it was all about Apple (Score:5, Interesting)
I wouldn't call MS a patent troll, as they have a number of valid patents, and are willing to license for a reasonable fee.
Apple is not a troll either, but (IMHO), they seem to be all about scorched-earth tactics, so it is either the patent courts, or a bankruptcy court. Had they done like MS and said "we have patents and will sue to defend against them... but for $3/device, we will show you our patent portfolio, you take your pick, and we wish you the best", there would be a lot more innovation in the field. I'd probably go out on a limb and say that the residuals earned from Apple licensing in this manner would help their stock value, as it is money coming in even if they don't bother introducing an iPhone 5s or 6 this year.
Also, Motorola isn't just deadweight. They actually are the only phone maker which has file based encryption for SD cards. Yes, 4.0 and newer encrypt the /data partition with dm-crypt, and a lot of devices don't use a SD card, but there are some (the Samsung Galaxy S4) that have a good amount of onboard storage and a MicroSD card slot... and the data on the SD card needs some protection, even if it is using an EncFS-like filesystem which is on a file level (as opposed to filesystem/image like dm-crypt or LUKS.)
Motorola devices also have very good radios. I have a number of different brands of Android phones, and in general, Motorola's reception tends to be a notch above everyone else, and on par with whatever iPhone I am using.
Of course, there are killed technologies, such as the ability to attach a keyboard and monitor to an Atrix or Atrix 2, that would come in handy big time, especially with Citrix or other remote screen software.
Motorola has a lot of cool stuff... I just hope Google can get them off the encrypted bootloader kick. The locked bootloaders is the only reason I don't darken Moto's door when I look for a new Android phone.
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You do understand that Apple offered that to Samsung, and Samsung basically said FOAD?
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Do you understand what the definition of a patent troll is...?
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Sure it was.
- let's buy some crap for 12bi so we don't have to pay a couple billions in patent licenses.
It was because they wanted this money and they lost. They literally gambled with company money.
you forgot - it was all about florian (Score:5, Insightful)
This is a Florian Mueller article. It has no merit, no validity, and should be taken with the same grain of salt you'd take one of those folks who said the world would end in 12-12-2012.
Re:you forgot - it was all about florian (Score:5, Informative)
This is a Florian Mueller article. It has no merit, no validity, and should be taken with the same grain of salt you'd take one of those folks who said the world would end in 12-12-2012.
Yeah, that was my initial response, "isn't "patent expert Florian Mueller" an oxymoron? IIRC that's the guy who claimed the GPL was a "source of infection", and Oracle was going to clean Google's clock. Over at groklaw [groklaw.net] that name tends to be associated with phrases such as "self-described patent expert" and "on Microsoft's payroll". He was also on Oracle's payroll.
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he was the one who said SCO owns linux. he's the same one who's not only on Oracle's payroll, but on MS's as well.