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Tag: intellectual property

Googorola

I would lose my tech commentator license if I didn’t weigh in on the news of Google’s acquisition of Motorola Mobility. So, without further ado, four quick thoughts on “Googorola”:

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  • This is a refreshingly bold move by Google. Frankly, I had expected Google to continue its fairly whiny, defensive path on this for some time as they and the rest of the Android ecosystem cobbled together a solution to the horrendous intellectual property situation they found themselves in. After all, while Android was strategically important to Google as a means of preventing another operating system (like Windows or iOS) from weakening their great influence on the mobile internet, one could argue that most of that strategic value came from just making Android available and keeping it updated. It wasn’t immediately obvious to me that it would make dollars-and-cents sense for Google to spend a lot of cash fighting battles that, frankly, Samsung, HTC, LG, and the others should have been prepared to fight on their own. That Google did this at all sends a powerful message to the ecosystem that the success of Android is critical to Google and that it will even go so far as to engage in “unnatural acts” (Google getting into the hardware business!?) to make it so.
  • It will be interesting to observe Google’s IP strategy going forward. Although its not perfect, Google has taken a fairly pro-open source stance when it comes to intellectual property. Case in point: after spending over $100M on video codec maker On2, Google moved to make On2’s VP8/WebM codec freely available for others to integrate as an alternative to the license-laden H.264 codec. Sadly, because of the importance of building up a patent armory in this business, I doubt Google will do something similar here – instead, Google will likely hold on to its patent arsenal and either use it as a legal deterrent to Microsoft/Apple/Nokia or find a smart way to license them to key partners to help bolster their legal cases. It will be interesting to see how Google changes its intellectual property practices and strategy now that its gone through this. I suspect we will see a shift away from the open-ness that so many of us loved about Google.
  • I don’t put much stock into speculation that Motorola’s hardware business will just be spun out again. This is true for a number of reasons:
    1. I’m unaware of any such precedent where a large company acquires another large one, strips it of its valuable intellectual property, and then spins it out. Not only do I think regulators/antitrust guys would not look too kindly on such a deal, but I think Google would have a miserable time trying to convince new investors/buyers that a company stripped of its most valuable assets could stand on its own.
    2. Having the Motorola business gives Google additional tools to build and influence the ecosystem. Other than the Google-designed Nexus devices and requirements Google imposes on its manufacturing partners to support the Android Market, Google actually has fairly little influence over the ecosystem and the specific product decisions that OEMs like Samsung and HTC make. Else, we wouldn’t see so many custom UI layers and bloatware bundled on new Android phones. Having Motorola in-house gives Google valuable hardware chops that it probably did not have before (which will be useful in building out new phones/tablets, new use cases like the Atrix’s (not very successful but still promising) webtop, its accessory development kit strategy, and Android@Home), and lets them always have a “backup option” to release a new service/feature if the other OEMs are not being cooperative.
    3. Motorola’s strong set-top box business is not to be underestimated. Its pretty commonly known that GoogleTV did not go the way that Google had hoped. While it was a bold vision and a true technical feat, I think this is another case of Google not focusing on the product management side of things. Post-acquisition, however, Google might be able leverage Motorola’s expertise in working with cable companies and content providers to create a GoogleTV that is more attuned to the interests/needs of both consumers and the cable/content guys. And, even if that is not in the cards, Motorola may be a powerful ally in helping to bring more internet video content, like the kind found on YouTube, to more TVs and devices.
  • There is a huge risk from Google mismanaging the ecosystem with this move. Although some of Google’s biggest partners have been quoted as being supportive of this deal, that could simply be politeness or relief that someone will be able to protect them from Apple/Microsoft that’s talking. Google has intelligently come out publicly to state that they intend to run Motorola as a separate business and don’t plan on making any changes to their Nexus phone strategy. But, while Google may believe that going into this (and I think they do), and while I believe that Android’s success will be in building a true horizontal platform rather than imitating Apple’s vertical model, the reality of the situation is that you can’t really maintain something as an independent business completely free of influence, and that the temptation will always be there to play favorites. My hope is that Google institutes some very real firewalls and processes to maintain that independence. As a “fandroid” and as someone who is a big believer in the big opportunities enabled by Android, I think the real potential lies in going beyond just what one company can do, even if its Google.

Regardless of what happens, we definitely live in interesting times :-).

(Image credits)

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Microsoft surprise attack!

If you’ve been following the tech news, you’ll know that iPhone-purveyor Apple has launched a patent infringement lawsuit against HTC, one of the flagship (Taiwanese) phone manufacturers partnered up with Google and Microsoft to push Android and Windows phones. While HTC may be the company listed on the lawsuit, it was fairly clear that this was a blow against all iPhone imitators and especially against Google’s Android mobile phone (which was recently reported to have generated more mobile web traffic in the US than the iPhone).

But, as I’ve pointed out before, the lines between enemy and friend are murky in the technology strategy space. It would seem that Microsoft may have just thrown HTC (and hence the Android platform and other would-be iPhone-killers) a surprise lifeline:

REDMOND, Wash. — April 27, 2010 — Microsoft Corp. and HTC Corp. have signed a patent agreement that provides broad coverage under Microsoft’s patent portfolio for HTC’s mobile phones running the Android mobile platform. Under the terms of the agreement, Microsoft will receive royalties from HTC.

The agreement expands HTC’s long-standing business relationship with Microsoft.

“HTC and Microsoft have a long history of technical and commercial collaboration, and today’s agreement is an example of how industry leaders can reach commercial arrangements that address intellectual property,” said Horacio Gutierrez, corporate vice president and deputy general counsel of Intellectual Property and Licensing at Microsoft. “We are pleased to continue our collaboration with HTC.”

Why? I’d conjecture its a combination of three things:

  • Sizable royalty stream: Microsoft is an intellectual property giant. But, given Microsoft’s tenuous and potentially weakening position in mobile phones, they have probably been unable to fully monetize their own intellectual property. Why not test the waters with a company who is already friendly (HTC is a leading supplier of Windows Mobile phones), who desperately needs some intellectual property protection, and is churning out Android phones as if its life depended on it? And, if this works out, it opens the doorway for Microsoft to extract further royalties from other Android phone makers as well (and its even been suggested ominously that perhaps Microsoft is using this as an intellectual property ploy against all Linux systems as well).
  • The enemy of my enemy is my friend: Apple is the Goliath that Windows, Blackberry, Symbian, WebOS, and Android need to slay. Given Microsoft’s unique advantage from being the leading PC operating system, one potentially feasible strategy would be to simply stall its competitors from building a similar position in the mobile phone space (like by helping Android take on Apple) and, when Microsoft is nice and ready, win in mobile phones by moving the PC “software stack” into the mobile phone world and creating better ties between computers (which run Microsoft’s own Windows operating system) and the phone.
  • HTC probably made some fairly significant concessions to Microsoft: I’m willing to bet that HTC has either coughed up some extremely favorable intellectual property royalty/licensing terms or has promised to support Microsoft’s Windows Phone 7 series in a very big way. Considering how quickly HTC embraced Android when it was formerly a Windows-Mobile-only shop, its probably not a stretch to believe that there were probably active discussions within HTC over whether or not to drop Microsoft’s faltering platform. An agreement from HTC to build a certain number of Windows phones or to align on roadmap would be a blessing for Microsoft who likely needs all the friends it can get to claw back smartphone market share.

Obviously, I could be completely wrong here (its unclear if Microsoft can even provide HTC with sufficient legal “air cover” against Apple), but the one thing that nobody can deny is that tech strategy is never boring.

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