Florian Müller, Founder, FOSS Patents & Co-founder of Rival Networks
Munich (Germany)-based Florian Müller is an award-winning IPR activist with 25 years of software industry expertise spanning across different market segments and a variety of technical & commercial areas. Müller was perhaps amongst the first IPR experts to accuse Google of copying code from Oracle for its Android OS. He shares his opinions on the subject with B&E.
B&E: Many questions have been raised over copyright issues related to Android OS. How big are these problems for Google and the handset makers?
Floriam Müller (FM): They are a big problem for Google, but a far bigger one for its device makers. Most of the time it is the device makers who get sued, not Google. There are a few cases in which Google itself is named as a defendant, most notably Oracle’s lawsuit over seven patents and various copyrights. But for the most part it’s the device makers’ problem. Indirectly, that turns it into a problem for Google because if the intellectual property situation doesn’t come under control, some device makers may drop Android. Recently there was a rumor that Motorola is developing a mobile operating system of its own. There was some speculation that Motorola – which is being sued by Apple, Microsoft and a significant number of other companies for patent infringement – could be very concerned over the intellectual problems surrounding Android as well as Google’s heavy-handed control over Android.
B&E: You mentioned that most of the time, it is the device makers who get the stick in court. Could you explain this?
FM: By my count, 42 Android-related patent infringement suits have already been filed, and only two of them (Oracle and Skyhook) target Google exclusively, while the others name device makers as defendants. Most of the time it is just device makers being dragged to court.
B&E: With the cloud of lawsuits, can Google turn Android into a cash cow?
FM: In Google’s case, the cost of resolving all of the intellectual property issues Google faces could exceed the actual revenue opportunity, possibly even by far.
B&E: If patent claims against Android build up at this rate, what is the amount we are looking for that Google might have to pay up on order of the courts?
FM: It is very hard to estimate litigation costs, but the real strategic issue for Google won’t be one-time costs such as for litigation. They will mostly be concerned about per-unit royalties that make Android-based devices more expensive, hence less competitive.
B&E: Many questions have been raised over copyright issues related to Android OS. How big are these problems for Google and the handset makers?
Floriam Müller (FM): They are a big problem for Google, but a far bigger one for its device makers. Most of the time it is the device makers who get sued, not Google. There are a few cases in which Google itself is named as a defendant, most notably Oracle’s lawsuit over seven patents and various copyrights. But for the most part it’s the device makers’ problem. Indirectly, that turns it into a problem for Google because if the intellectual property situation doesn’t come under control, some device makers may drop Android. Recently there was a rumor that Motorola is developing a mobile operating system of its own. There was some speculation that Motorola – which is being sued by Apple, Microsoft and a significant number of other companies for patent infringement – could be very concerned over the intellectual problems surrounding Android as well as Google’s heavy-handed control over Android.
B&E: You mentioned that most of the time, it is the device makers who get the stick in court. Could you explain this?
FM: By my count, 42 Android-related patent infringement suits have already been filed, and only two of them (Oracle and Skyhook) target Google exclusively, while the others name device makers as defendants. Most of the time it is just device makers being dragged to court.
B&E: With the cloud of lawsuits, can Google turn Android into a cash cow?
FM: In Google’s case, the cost of resolving all of the intellectual property issues Google faces could exceed the actual revenue opportunity, possibly even by far.
B&E: If patent claims against Android build up at this rate, what is the amount we are looking for that Google might have to pay up on order of the courts?
FM: It is very hard to estimate litigation costs, but the real strategic issue for Google won’t be one-time costs such as for litigation. They will mostly be concerned about per-unit royalties that make Android-based devices more expensive, hence less competitive.
Source : IIPM Editorial, 2012.
An Initiative of IIPM, Malay Chaudhuri
and Arindam Chaudhuri (Renowned Management Guru and Economist).
For More IIPM Info, Visit below mentioned IIPM articles.
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IIPM: Indian Institute of Planning and Management
An Initiative of IIPM, Malay Chaudhuri
and Arindam Chaudhuri (Renowned Management Guru and Economist).
For More IIPM Info, Visit below mentioned IIPM articles.
IIPM Best B School India
Management Guru Arindam Chaudhuri
Rajita Chaudhuri-The New Age WomanIIPM's Management Consulting Arm-Planman Consulting
IIPM Prof. Arindam Chaudhuri on Internet Hooliganism
Arindam Chaudhuri: We need Hazare's leadership
Professor Arindam Chaudhuri - A Man For The Society....
IIPM: Indian Institute of Planning and Management
