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Google to Microsoft: 'We didn't fall for it' [updated with Microsoft's retort]

Let's just break it down thusly:

Google SVP and chief legal officer David Drummond pens a blog post explaining the company's position in the current patent situation.

Microsoft's lawyer responds ... on Twitter ... saying Google could have teamed up with it in the patent auction, and basically that Google needs to quit whining. (See our editorial: "Keep it in the courtroom, folks")

And now Drummond has updated the previous Google Blog post with the following:

It's not surprising that Microsoft would want to divert attention by pushing a false "gotcha!" while failing to address the substance of the issues we raised. If you think about it, it's obvious why we turned down Microsoft’s offer. Microsoft's objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. 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. Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. We didn't fall for it.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, changes the DoJ said were “necessary to protect competition and innovation in the open source software community.” This only reaffirms our point: Our competitors are waging a patent war on Android and working together to keep us from getting patents that would help balance the scales.

Oh, snap. Hardball. Shots fired and returned. Pick your catchphrase. This isn't going away any time soon, folks.

Source: Google Blog

Update: And -- surprise, surprise -- Microsoft's lead of corporate communications is back on the Twitter, saying:

Hello again David Drummond. This is going to take a few tweets, so here we go. Let’s look at what Google does not dispute in their reply.We offered Google the opportunity to bid with us to buy the Novell patents; they said no.Why? BECAUSE they wanted to buy something that they could use to assert against someone else.SO partnering with others & reducing patent liability across industry is not something they wanted to help do

  • Great stuff, grab the popcorn
  • Google sure does whine a lot.
  • Wow its way over yer head bud.LOL Go back to sleep. Apple and Microsoft have set track records in the whinin department. In two years Google has set record growth from outta nowhere. Google isn't whinin LOL theye winnin
  • Tipb misses you. Go back.
  • ALL HAIL GOOGLE ALL HAIL ANDROID...... microsoft is micro- soft..... all you see in the past few posts is microsoft and apple whinning and sueing because they in hand know who's head honcho so regardless of what side you look at it from google has android and is making money from it while on the other hand i just see microsoft and apple are good for making one thing only laptops macbooks software for computers and in apples case ipods so stick to making something where your needed most
  • This is just getting out of hand
  • Google is my home team, doesn't matter who's right!
  • Blind.
  • So much fun! It's like kids on a playground.
  • Google all over Microsoft's FACEbook!
  • 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, changes the DoJ said were “necessary to protect competition and innovation in the open source software community.” That right there says A LOT!
  • It pretty much states that the DOJ is not at all blind to the fact that patents have become nothing more than money clubs used to whack fees out of competitors or suppress their products altogether.
  • So did Google just get a licence to use the patents and not have to pay a dime? If so MS, Oracle, Apple and EMC just spent alot of money on googles behalf.
  • Haha! That is so awesome if it's true! Microsoft's reply back is a joke too. He makes it sound like Google is trying to get patents to attack others when they are really mounting a defense, not an offense.
  • No, it just mean that the winning bidder can must resell the patents they won. At what price? Probably a lot. The question is, who sets the price? Who decides what price is fair and reasonable where it would be affordable for other companies to get licensed?
  • CONTACT!!! Someone get on the 50! I really glad Google isnt taking crap from MS. Between crApple and M$ the anti-trust is running very thick and Im glad a giant like google opposes them.
  • Love the Gooo
  • yes!!!!!! am extremely happy with this outcome. this should happen to all patent trolls. kudos to big G. +1. i cannot wait for ice cream sandwich, which will add to android's dominance.
  • Tech Giant Whine-Off Tally So Far: Google - 2
    Microsoft - 1
    Apple - Just waiting for email from Jobs saying "You're patenting it wrong."
  • @blyan, I guess you don't defend yourself. Not all of us just lay down and take like youreslf. Carry on.
  • Someone should write a book about this stuff.
  • I'd read it. Imagine what Michael Lewis could do with this fiasco.
  • Steven Kent has wrote a few about the video game industry... It would make an interesting read. I might even buy it on Google Books!
  • I'm lazy .Tell when the movie is out.
  • Shit just got real. Well, I suppose it was already real - now it's REALLY real. /grabs popcorn.
  • Microsoft tried to get Google buy the patents with them so Google couldn't defend themselves using said patents, pretty much making the patents useless to Google. Google was smart enough to know that the companies bidding against them were willing to pay whatever to keep the patents from them so they just ran the price way up with crazy bids. The DOJ stepping in and forcing them to give a patent to the open source community is just icing on the cake.
  • Google sure is starting to sound like a little kid who didn't get what they wanted, and they are making me lose faith in them.
  • You may want to read this all again. Sounds to me like Google is the kid that stood up to the bullies and fought back.
  • I am not just talking about this post, but everything that has been going on lately. I know Google has been pushing for patent reform, but until it happens, if it ever does happen they need to play the game. It also does not help telling other companies to innovate instead of suing, when they have been found guilty of infringing on patents, sounds to me that they need to innovate instead of copying, and then whining when companies go after their operating system. Sure they are fighting back, but they are going about it all wrong.
  • In regards to this this post specifically: I have to disagree, especially with the statement of "they need to play the game" as it sounds like they did some smart legal maneuvering here. Microsoft tried to put them into a stalemate and Google caught on to it. In regards of the grand scheme: The same thought applies to the entire mess, it's all about maneuvering legally, technologically, and within the realm of the public's and the governments perception of each company. Those are things that don't apply solely to Google, but ultimately to everyone involved.
  • So I see you still don't get it. You work for MS or Apple?
  • Nope, but it would be nice to work for Google, Microsoft, or Apple.
  • You do understand how MS got their start? Apparently not with your comment. Bill Gates took ideas/programs from Apple and created MS, so all this idea of patent infringement isn't a new idea. Google is innovative in the sense that they mapped their own java code to source Android. They used the base code from Sun, but to develop a script from source is pretty innovative in itself. For non-linux people, that means you made your own program. :)
  • Microsoft was started in 1975, Apple in 1976.
  • Microsoft was started in 1975, Apple in 1976... and? MS registering a company name before Apple doesnt change the story. microsoft stole stuff from apple to get started. it's a well known fact.
  • Apple stole from XEROX and gleaned all sorts of ideas from PARC. MS bailed Apple out from the brink of non-existence to fight off monopoly lawsuits from the DoJ. All well known facts also that some tend to forget apparently.
  • Has somebody been watching Pirates of Silicon Valley? That movies is only loosely based on fact.
  • No it's not a well known fact because it's not true. Microsoft orignally licensed the ideas from Apple and Apple wrote such a broad agreement that Microsoft was able to run with it for as long and as much as they want. So no Microsoft didn't steal Microsoft Licensed and made it big. Simple search on Google will yield the truth. And before you say anything I'm an Android fan through and through.
  • and you say you have faith in google? You use the microsoft/apple party line a whole lot for someone who pretends to have faith in Google.
  • why would you lose faith in them they did the right thing! GO GOOGLE!
  • You sure dont get what happened. Losing faith? Um in less than 2 years, Google has made the big boys cry. And your losing faith at a time when they're skyrocketing. Your sure don't get alotta things do you?
  • Whew! You had me worried they were running that multi-billion dollar business on your faith. Glad to know they aren't.
  • Google will do good and that for sure I remember more then year ago my brother in law Ho work for Apple said to me no one could come close to our iphone not even your blackberry and know he admit last Saturday at dinner in my house that Android new phones beat the crappy out of iphone and that before he start drinking the wine so today I'm carying the HTC EVO 3D just like he's daughter and son must be something don't you agree
  • No one understands what you just said.
  • Huh?
  • Thanks for weighing in on the issue Yoda
  • To be or not to... Wait wait wait... I still don't get what you said (scratching head in deep thought)
  • Sorry, I can't read your post bro. I keep going into a 5 minute fit of laughter everytime I read, "beat the crappy out of iphone and that before he start drinking the wine" and when I try to reread, it happens again. HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!
  • Alright people, stop it! Just stop it! I have damn near given myself a seizure from laughing so hard! We will all burn in Hell for this. I caught the gist of what he was saying, or was trying to say. Either English is this guy's second language, or he doesn't speak English at all and Simply used Google Translate to type all his stuff in (with no punctuation, mind you). Stop being mean folks.
  • I would tell you to stop being such an eagle scout but apparently you're a Starfleet
  • Thank you, Mr. Broccoli! (See if you catch that reference)
  • But for sure I'm waiting for the next window phone I must try one to see if I like it
  • WP7 is great but the developer community isn't as active as Android's, and the app selection is kind of lackluster. The interface and functionality are fantastic, but if you're into rooting/ROM-flashing, Android's the better choice.
  • WTF someone needs to shut that guy up. For google and android's sake this is turning worse and worse. This is merely giving the competition more ammo.
    all these other companies including microsoft are just jealous of Android's success and need to shut up and let google take over the world! haha
  • Patents are the new Nuclear warheads. You don't want to launch nukes at a country that has the same amount or more nukes then you. You use them when backed into a corner. Don't have any? Be prepared to be bent over a barrel and raped over and over again as some lune holds his finger over the launch button. Seriously, it seems that patents are doing more harm then good and sniffling competition. How about we say that patents are non transferable? I mean patents are like a license no?
  • Now you got it, patents are like nuclear war & they are a serious problem for innovation. As in none exists when a handful of mega corporations, ala Apple, Microsoft, & Google, hold all the cards. Good idea about them not being transferable. Let them die if their holder dies.
  • Here is my position.. i FN HAAAATE apple, and anything to do with them, and will never side with them no matter if they are right or wrong. MS is OK... but i will ALWAYS go with the goog for the most part. I love the company, their philosophy and just their outlook on business in general (not to mention that android is my crack!!)
  • LMAO @ google/android
  • LMAO @ your broken English
  • Android is my crack +1
  • So wait, let me get this straight. Google forced Microsoft, Apple, Rim and oracle to over pay for patent rights that cannot be used against Google anyway? OMG, this is priceless!!! Looks like Google won this round while forcing other companies to waste hundreds of millions of dollars! Now, Google is gloating (read: taking a victory lap) and Microsoft is still pouting....
  • Google > Apple+Microsoft
  • Microsofts Lawyers should post their response on Google+ so they aren't limited to 140 characters.
  • Hahahaha!!!!!! So true!
  • Hahahaha!!!!!! So true!
  • Believe it or not but the only man standing after the dust settles will be a green android with a big smile on its face. I can feel in my bones that the almighty is smiling on that little green fella. My he live lone and may he be the most prosperous ever. Ameen
  • I guess I see why Google refused to join the partnership. But, if it's true as Microsoft insinuated - that by Google joining the partnership, the patent enforcement problem itself would have become a moot point - I almost wish Google had joined. I wish these B.S. patents would go away ENTIRELY -- let EVERYONE LEARN from one another. If, in a more relaxed environment without patents, one company wasted time and money copying other manufacturers all year long, I'd bet that company wouldn't be around for very long.
  • The patent enforcement problem for THOSE SPECIFIC PATENTS would become moot. However, it would have prevented Google from having the defensive use of those patents against Microsoft, which unfortunately is how you play ball in today's climate.
  • Microsoft is trash why would google with as much growth and inovation they have accumulated ova the past few years wanna partner with microtrash (microsoft) in a bid for patents. That would jus diminish googles reputation. Microtrash has had smartphones for quite sum time even b4 iphone and they still can't get it right. Tha UI is awful Apps are trash software is miniscule. Stick to xbox microtrash leave tha smart phones to tha pros.
  • Amen!
  • Where is the source that the DOJ stepped in and did anything? I can not find anything using google (irony?) that says the DOJ did anything?
  • And I guess no one cares that google is trying to bully everyone out of the search engine space buy buying up patents??
  • Any lawsuits made by Google that you can provide to prove your point?
  • Actually the free market chose Google over the other guys. I seem to remember that when Google first started. AOL, Compuserve, Prodigy all had search engines, including Microsoft. Google simply had a better product. Guess what? They still do & it's M$ who are filing complaints around the world about unfair competition. It's exactly opposite of the 90's when Google was the start up & everybody laughed at the new guys.
  • Exactly! Back in the day, Yahoo! was the internet search king for me anyway. Even after Google and the like came out, I was still loyal to Yahoo. Then one day, I spent hours trying to search for something on Yahoo, and when i did a search using Google, BAM! 3 minutes and done. After using Google a few more times after that, Google replaced Yahoo as my preferred search engine. To be fair, I have given Bing a try. Its a fairly decent search engine in its own right. But still, its not on the same level as Google.
  • Don't forget HotBot, Lycos, Alta Vista, Webcrawler and probably more. They all preceeded Google.
  • I had friends who enjoyed AskJeeves just to see the picture of "Jeeves".
  • I never was a huge fan of twitter. But i think i'm coming around...especially when lawyers and corporate brass are duking it out in the open public like this. This is awesome.
  • Microsoft twisted Google's words. Google said they need the patents to DEFEND themselves, where as Microsoft is saying Google wants to ASSERT them against others. Nice try Micro$oft, but that's not what they said and if you look at what's been going on, Google has not been the instigator in any of these patent wars.
  • Honestly, why is this considered news? Google declined to join forces with the Steve's. End of story. Microsoft & Apple are trying to sue Android out of existence, why would Google wanna get into bed with either of them?!
  • I wonder how much R&D could have been done to advance Android & WM7 with the time & money it took for this pathetic schoolyard bickering to occur...
  • Probably very little considering how long it takes to type a response up.
  • If you guys want to know why this is all happening I can break it down in 3 simple things MS Stock Price $25.94
    Apple Stock $377.37
    Google Stock $577.97 This is exactly why why Google is being attacked. It is not about stealing ideas, or technology it is about the Green Backs plain and simple. And Google has the funds to simply prolong court battles so that it costs these companies even more. Simple play is Google will bleed these idiots dry.
  • Remind me to never take stock advice from you. Google Market Capitalization - 186.47 Billion
    Apple Market Capitalization - 349.86 Billion What Does Market Capitalization Mean?
    The total dollar market value of all of a company's outstanding shares. Market capitalization is calculated by multiplying a company's shares outstanding by the current market price of one share. The investment community uses this figure to determining a company's size, as opposed to sales or total asset figures. Or feel free to take a look at the amount of cash on hand between the two companies, net income or any figure that actually mean something.
  • Not that you would (but just in case) you would use the term "fandroid" I am a huge apple fan and am typing this from my iMac. Yep, I love Apple and my computers and iPad but I also love my DX ;) To be totally fair regarding your statement I think "we all" need to take into consideration Google does not sell
    1. phones (they own the platform but they are not generating income like Apple is from their iPhones)
    2. computers (again they own Chrome but do not sell the actual computers like Apple does)
    3. Tablets (same scenario as above)
    4. TV hardware (e.g. Apple TV).
    5. Routers (Apple sells airport devices - time capsule NAS servers)
    6. Software (Apple sells OS X, iLife and many more software items) / I'm going from memory here but didn't Apple sell a million copies of Lion on the very first day... 30mil of sales in one day is a pretty sweet ass profit.
    7. The android market is still gaining steam but Apple by far has the larger market and pricier apps.
    8. And so on. Apple's stock has gone up dramatically since the inception of the iPhone and iPad. This has had a HUGE positive impact on their stock price. The fact that Google has far less physical products that "they" sell IMHO makes your post a bit of a moot point. Just my 2 cents and no harshness intended towards your post.
  • You are 100% correct. Apple makes lots of things that make them a ton of money. Google makes no real products yet make a bunch of money as well. But my point was that while google may have what looks like a lot of money on hand to battle in court they pale in comparison to the stock pile of money that apple is sitting on. For the record I am not a fanboi of apple or google/android. I use what works best for me, as there is no one device or brand that is better then the other. I just like to point out blind fanboism when I see it (not that yours was), and there is a lot of that out there, for both apple and android, so I keep busy :)
  • Thanks, it's refreshing to see that I'm not alone in the belief that people can actually appreciate products for what they are regardless of the company that makes them. There is no shame in liking both Apple and Google, it shows that you can actually be open minded ;)
  • Explain then why Apple is scurrrd of Android slash Google
  • Explain then why Apple is scurrrd of Android slash Google
  • I haven't see anything to indicate they are scared of Android / Google.
  • The price of one single share of a company has nothing to do with it's overall worth, or amount of cash on hand.
  • Seeing as they are cashing in on HTC, this was inevitable. It will be interesting to see the two heavy weights go up against each other. I'm still interested to see what happens with the M$ vs Barnes & Noble case. Hopefully the courts invalidate the 3 M$ patents, it would be hilarious.
  • Thank you google gracias google, Xie xie google, Dankscheen google.The big G is surely eating the Apple and Meat Sandwich.
  • My Thoughts are just common sense. Why or when would Apple partner with anyone but to try to hurt a very strong competitor. Who is Apple's biggest competitor, easy it's Android (Google). Apple is as transparent as their glass made phones. Apple is really trying to leave a poor taste in the consumer's mouth. I don't like the way that Apple does business at all. Apple is loosing many customers just on it's business practice, if you follow the way that Apple has grown thru the past decade they leave a trail of swallowed up and chewed up small business owners who Apple stole their patterns and their business by overwhelming them in court. Sucky ass business practice for lack of another phrase.
  • My Thoughts are just common sense. Why or when would Apple partner with anyone but to try to hurt a very strong competitor. Who is Apple's biggest competitor, easy it's Android (Google). Apple is as transparent as their glass made phones. Apple is really trying to leave a poor taste in the consumer's mouth. I don't like the way that Apple does business at all. Apple is loosing many customers just on it's business practice, if you follow the way that Apple has grown thru the past decade they leave a trail of swallowed up and chewed up small business owners who Apple stole their patterns and their business by overwhelming them in court. Sucky ass business practice for lack of another phrase.
  • I say we see Google vs Microsoft Celebrity Deathmatch style!
  • Oh where to even begin on this. I may get banned for using the word asshole but it sooooo fits here. I don't know who is the asshole in all this, on this one. Google might be the asshole in playing PR games. Microsoft may be an asshole, because they have been known to be one in the past. What I DO know is Apple IS an asshole. And Microsoft at the very least WAS an asshole. So IS and WAS is a greater asshole then MAYBE.
    So I'm going to assume that Microsoft.....stop being an asshole. Or heck. Maybe everyone is an asshole in this case and we just need to hand the two ply around to everyone and tell everyone to shut their PR traps and stop suing each other and this would all go away. *goes to bed*.
    .Asshole....for good measure.
  • I love how people on this website mark comments as spam when they are valid comments. If you don't like a comment you mark it 2 stars (thumbs down), if you like a comment you mark it as 3 stars (thumbs up). Lastly if someone posts a comment trying to sell something or advertising something you mark it a 1 star (spam). Marking stuff as spam trying to get it removed is a little childish. That's just my 2 cents on the matter. Now, let the negative comments about this post begin.
  • Honestly, it's not the user's fault. The stars require you to hover over them to see the distinction, which is counter intuitive from their visual representation. A ranking row indicates progression to most people, and have been implemented poorly here.