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Apple vs GoogleApple vs GooglePosted Aug 22, 2012 23:37 UTC (Wed) by dlang (✭ supporter ✭, #313)In reply to: Apple vs Google by man_ls Parent article: Mobile patent wars: Google goes on the attack
for this to settle down to an out-of-gourt opaque agreement, Google will have to be willing to do so.
At the moment, I would be hard pressed to see Google willing to settle for anything less than Apple stopping all lawsuits in the mobile space and all future lawsuits against Android (and probably FOSS to boot)
Apple stopping all the other lawsuits will not stop the counter-suits from all those other companies, and Google is not in a position to force them to stop (and unlike Google, many of these companies have been using lawsuits as offensive weapons). Add to this the fact that Apple has been refusing the normal patent license terms (small amounts of money and cross licensing deals), and there is even less reason for all these other companies to let up on their attack against Apple.
Apple stopping all these lawsuits will be a very public action, and no matter what the opaque terms of their settlement with Google, will be seen as Apple backing off.
As a result, I don't think there is much chance for the typical "silence and cross licensing agreement" that happens between big companies.
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Apple vs Google Posted Aug 23, 2012 0:56 UTC (Thu) by JoeBuck (subscriber, #2330) [Link] Google would settle for a cross-licensing deal that protects Android but not others, I'm sure. Such a deal would necessarily prevent Apple from attacking the Linux kernel (since GPLv2 wouldn't let Google accept a license for Linux that doesn't extend to others), but probably would not protect other free/open software.This wouldn't prevent third parties from attacking both Apple and the Android camp (Google/Motorola + Samsung + HTC + others). But nothing can.
Apple vs Google Posted Aug 23, 2012 1:03 UTC (Thu) by dlang (✭ supporter ✭, #313) [Link]
but would apple accept something that forced them to stop their lawsuits against Samsung + HTC + others but didn't force those people to stop their lawsuits against Apple?
I don't think so.
And I also don't think that Google has the influence to get all of those companies to stop their lawsuits. Remember that many of those suits were started completely independently of Android. Many of those players really do seem to like lawsuits.
Apple vs Google Posted Aug 23, 2012 1:44 UTC (Thu) by shentino (subscriber, #76459) [Link]
Sorry, but you need v3 to get patent licensing.
RTFL
Apple vs Google Posted Aug 23, 2012 2:15 UTC (Thu) by mjg59 (subscriber, #23239) [Link]
" 7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program."
The preamble makes it clear what the intention of section 7 is.
Apple vs Google Posted Aug 23, 2012 10:03 UTC (Thu) by man_ls (subscriber, #15091) [Link] Yes, section 7 is the infamous "Liberty or Death" clause, which on the surface looks like a disaster in the making but to date has had brilliant results. It is a direct consequence of the unrelenting nature of Stallman's position on software freedom.
Apple vs Google Posted Sep 1, 2012 21:30 UTC (Sat) by SecretEuroPatentAgentMan (guest, #66656) [Link]
> At the moment, I would be hard pressed to see Google willing to settle for anything less than Apple stopping all lawsuits in the mobile space and all future lawsuits against Android (and probably FOSS to boot)
The norm in patent wars is to reach an agreement to stop all current conflict. An agreement to stop also future lawsuits is not realistic since nobody can know what future conflicts may appear. Patent wars are means of pushing the business leaders towards signing an agreement, I am not aware that total wars to destroy the other part is a goal though there have been close shaves. With Steve Jobs declaring war on Google the motive and starting point is now a little different from the norm.
> Apple stopping all these lawsuits will be a very public action, and no matter what the opaque terms of their settlement with Google, will be seen as Apple backing off.
Settlements tend to be confidential though it will be public that all patent conflicts will be terminated. Both parts will be backing off; which one is backing off the most is likely to remain secret. In my limited experience any monetary victory is normally tiny and mutual secrecy is assured by equally mutual embarrassment.
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