Category Archives: Technology

Technology focused posts.

Google’s Antitrust Problems II

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I think that I started this discussion at just the right time. According to cnet, South Korean officials have raided a Google office over anti-competitive practices relating to Android. They claim that it’s anti-competitive to force companies to use the Google search engine with Android if they want Google applications and the Google logo on the device. Personally, I’m not really sure how this is anti-competitive, or at least why Google is being singled out for this. Apple does the same thing, as does Nokia and Microsoft. When I still lived in the US, I remember Verizon forcing Bing on me and changed my default internet settings on my Blackberry (granted Korea couldn’t go after that one) but the idea to me is bizarre.

However, this is a great way to discuss how Google, in a broader sense, is at risk for antitrust action from many national governments. In my last post I explained the idea of market foreclosure, which Microsoft used in an attempt to capture a monopoly in the server market as they had in the PC market. South Korea will most likely be arguing that Google is using a captive audience to force their search engine on their users. In the bigger picture, I think this sort of tactic will likely be used for other markets. For example, Google is using their large market share, and the social capital they’ve gain from being a trust worthy site, to build email products, then office suites, map and geolocation services (with recommendations), and of course blogging sites like the one you’re currently reading. Since I have a google account, from way back when Gmail first was created, I’ve gotten all these additional features for free. i haven’t had to do anything and they just appear as services that I can use.

Even if I’m not logged in to Google and I go to Google.com there’s a huge selection of services that I can use without logging in. However, they become more powerful as soon as I log in. Google is using their monopoly of search engines to leverage users to use other products they’ve created. Let’s say Yahoo! decided to try to create an office suit in the same manner as Google and basically try to emulate Google in every way with all of their products. I’m sure that some of the users there would take advantage of the free document services. However, I also believe that Yahoo! and Google cater to different portions of the market. Yahoo! has become the defacto home page to an older crowd than Google. Which could mean that the users of Yahoo! may not want the same products. I have a Yahoo! account, which I only use for Fantasy Hockey and Football. I never use it for email, I never search the web using Yahoo! I only use Google. Why? Because it gives me the results I want.

So, now that we understand that Google has been leveraging their search market share to move into other markets what kind of impact does that have? I think that it will actually prevent other people from using other services out there. However, I think that with internet systems there is no real reason to keep with one product family over another. It’s a matter of trust. I think that people trust Google more than other companies, which is why they are willing to use them for other products. I couldn’t imagine people using a Facebook Docs the same way that people use Google Docs.

In my next post I’ll discuss more of these implications of these topics. I will also compare some of the Google products to Windows Media player and how something that seems like a big deal today, may not be a big deal in a year or two. Technology moves so fast.

Google’s Motorola Future

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According to Eric Schmidt of Google the purchase of Motorola Mobile is also it’s own foray into physical products. This is promising but it’s also dangerous for Google. While 98% of Google’s revenue comes from ads as of 2008, the majority of its revenue stream is free of a great deal of risk from patent infringements.  This is double true because the majority of Google’s patents are related to search and locating data. The products that it produces that people use on a regular basis have been designed around open standards which enables them to get around patenting and use licensing instead. If any of these technologies are accused of patent infringement Google can pull up the original source code, the version and the date. While this may be more expensive than the patent examiner finding this during the patent examining procedure, it still can save Google millions of dollars in patent suits. However, it hasn’t prevented them from having to pay a good deal in licensing fees despite this as I mentioned in my previous post.

Why is this a risk for Google? Well, every one of those patent lawsuits that were targeted at Motorola is now directly targeted at Google. Google is sitting on a huge pile of cash. Enough cash to outright buy Motorola. Additionally, any lawsuit that is directed towards an application of Android on a Motorola phone that Google will eventually be selling, is going to be directed towards Google now. Previously, when there was something infringing in an application on Android most of the risk was shifted towards the manufactures of the phones and away from Google. Google does have to pay Lodsys/Intellectual Ventrues for one of their patents which allows things to be purchased through apps. Like using the Android Market place. Google also has one other lawsuit related to Android at this point, which is related to a Java Patent. This is kind of an ongoing lawsuit, which Oracle has had to remove a blog post from a former Sun employee praising the use of Java in Android.

There’s got to be some sort of potential for payout for Google to take this risk though. Yes, I do think there is. Despite the fact that Google is going opening itself to direct lawsuit battles with Apple, it also allows its engineers another outlet for creativity now that Google has shuttered Google Labs. Engineers from the Motorola Mobile side will be able to have more freedom and the engineers that work in Google will be able to play more with Android to make a more superior product. Google will have direct control over their handset opposed to farming it out to HTC like they did with the Nexus One.

Are there any other risks besides the ones you’ve mentioned already? I think there’s one big one. Anti-trust case. Google is already in the cross eyes for an investigation. In my next blog I’ll discuss the case against Microsoft which the US and EU handled and then how the precedence could impact Google.

Google’s misstep with Patents

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Google has been in the news a lot recently related patents. Why? Well, I think they’ve managed their intellectual property in a naive way. Not an incorrect way. Just one that wasn’t keeping up with the behavior of competitors and trolls in the market place. To date Google has 782 patents, for a company that has produced as many innovative products as it has, this is not very many. Google has been around for 13 years now, founding in 1998. Comparing Google to Apple, looking at patents filed after 1998, is not a good comparison. Apple has filed and received 2600 patents. Sure they’ve been busy working on products and had an established market already. The iPod had already come out by then. Regardless, this indicates that Google has made a major misstep in regard to patents.

I fully applaud Google’s efforts to minimize the number of patents they own. It’s clear from a glance at the patents, they have focused their patents on the ability to search for data as well as data management. They are sorely lacking when it comes to most software. This is most likely why Google has licensing agreements with companies like Intellectual Ventures. To combat the growing web of lawsuits surrounding it’s handset manufacturers and developers Google has been on a spree of both purchasing patents (1,000 from IBM and 12,000 with the purchase of Motorola Mobile) and propaganda against software patents.

Motorola will give Google the patent expertise and experience at defending its patent claims as well as a huge number of patents it will need to defend. I believe this will create a great change in the way that Google deals with intellectual property in general. I’m not entirely sure this is a good thing either. Google may take the route of IBM which both patents things specifically so that other companies can’t patent them and publishes technologies in obscure journals which can be later used to invalidate patents as a form of prior art. However, Google could easily take the route of Apple. This would be extremely bad in my opinion. The route where Google continues to invest in new technologies but patents everything and then makes it difficult for other companies to use that technology. Google has the innovative capabilities to become a huge patent troll.

I think the only good that would come out of that is if Google went after patent trolls.With open source technologies some of the problems with software patenting does go away. As anything with an open source license is technically released into the public and becomes part of the prior art. Unfortunately, that’s also a huge problem with open source. It would be impossible for a patent examiner, who typically has 3 days to approve a patent, to actually find a given software technology which is already being used as open source.

Overall, I think Google is currently attempting to address its misstep with patents. I think that Google will push for patent reform for software patents. I think that with a large enough group of people, including billionaires like Mark Cuban, there could be a significant change in the manner in which software patents are issued. Gaming companies, search engines, and software developers need to work together to address this issue though.

Adoption of a new technology

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Based on my previous series we can see how disruptive technologies can impact the economy. What we don’t know is how these technologies are selected by the users. This in fact is a matter of great debate. In some cases looking back it’s obvious as to why a specific technology won over the other. However, during the standards war, or beginning of a new market, it’s unclear which technology will win. We’ve seen this play out repeatedly over the past few decades. The VHS victory over Betamax is an important case. I also believe that this example can play an important role for any new platform developer.

What happened with VHS and Betamax? They both were created in the 70’s (VHS 1976 and Betamax 1975), as a method to record video. Each had a different method and were competing standards. By a standard, i mean a products that achieve a specific result using a type of technology. In this example there are two technologies that achieve almost the exact same end result using incompatible technologies. Which is why we have a standards war. Both products are attempting to capture the same market segment.

About the technologies: Both products were produced by huge companies, JVC for VHS and Sony for Betamax. Betamax had the higher quality, however you had to pay for this quality. The Betamax was smaller than VHS. Betamax was sued by the MPAA in an attempt to prevent people from recording TV programs to watch without buying them. Betamax won.

So why did VHS win over Betamax? Well, in this case it’s well known that pornography producers selected VHS over Betamax because of the price difference. It was easier to produce a product at a high enough quality that they could sell.

What does this tell us? As a platform locking in content is extremely important. Since this was the first technology porn could play a huge role, now with several legacy video recording methods and the internet porn’s sway on the future standards for video storage is much diminished. In fact during most standards wars they would most likely sit out until the standards are decided.

I believe that Google actually learned from this example. They saw the benefits of content on the platform from the success of the Apple App store and worked to create a viable app store before the release of their initial product. They held contests and ensured that there was a vibrant app development community before the release of anything. While this did nothing to close the gap initially between iOS and Android app stores, it helped give people reason to adopt their product.

Software Patents are the new Copyright

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In one of my previous posts I commented that I was seeing a convergence withing copyright activities. I believe that something just as horrible is starting to happen within the software patent world. I think that it will threaten the free software movement as well. We’ve had patent trolls around for a long time now. Almost since the first patent was created, however, this didn’t interact with our daily lives. It was similar to the way that copyright didn’t affect you and me on a daily basis. Sure, changes in prices or the removal of a product could affect us, but typically we were able to find a replacement or dealt with the price change. However, I think that this new type of patent troll is more dangerous. Yesterday I saw a post on Ars Technica discussing how Lodsys is going after Apple app developers. Apple isn’t happy about this at all, because it threatens to ruin the base they have developed.

I think there are some other problems with this as well. Historically, if a company, that produces software, was looking to go for an IPO or bought by another company there’s a thing called due dilligence, where the products are checked for stolen code. This is a big deal, because if I stole the code from Linux or some other open source software, my entire project falls under the GPL, and forces my source code to become open as well. This can create massive headaches for companies.

There is a key difference between what used to happen in the past and what is happening now. Before it was the method of making something happened that mattered. For example if I took a really fast way to sort something from open source how it was sorted was what mattered, not that it sorted. Why does this matter? Well the code is also technically copyrighted and owned by the writer. Now the outcome matters as well. What if some one had a patent on sorting. I’ve mentioned how crazy this would have been in the past and how this would impact innovation.

Let’s say some one decided to put in for a patent on shooting animals at some sort of target through a controlled interface. Once the animal hit the target the animal interacted with the target which changed the user interface to indicate that the change had occurred. I have two games on my phone right now, Angry Birds and Monkey Blaster that would both be impacted by this patent. Both of them have very different goals and methods for shooting an animal at a target and different results once it hits the target. Indeed, the definition of target is different between these two games. However, neither of these developers are going to be looking for patents when they have an idea about what’s the next game they want to make.

The patent that is mentioned in the Ars article is absurd. It should never have been approved. There’s nothing novel in the development of the in app purchase. That is something that should be obvious from any one in the computer industry. You could easily see the relationship between a website and an application. In fact, I’m sure that there have been cases of this in the past. Another question that remains to be seen is this going to impact services like Steam? The article notes that Lodsys has already gone after EA.

This change in behavior towards apps and software patents is a very bad change. We need to work to address these types of problems. Returning to the requirement of producing a product to have on the market within a certain number of years could help address these problems. However for software this will likely just lead to a crappy product put on the market that no one buys and no one knows about.