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German court ruling could force Google to make significant changes to Android

Posted: , by Alan F.

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German court ruling could force Google to make significant changes to Android
According to FOSS Patents, a decision in German court in favor of Microsoft, could force Google to make major changes to its Android OS. The Munich I Regional Court found that Google's wholly-owned subsidiary, Motorola Mobility, infringed on Microsoft patent EP1304891 relating to  "communicating multi-part messages between cellular devices using a standardized interface". The court also awarded Microsoft with an injunction for which Google can put up a 25 million Euro bond ($31.5 million USD).

The problem for Google is that the patent deals with functions controlled by the operating system and unlike previous injunction rulings against Motorola Mobility, this patent ruling cannot be worked around without serious modifications to Android. Apps that use the Android  messaging layer would need to be re-written and some functions that app developers used to get from Android will have to come from the apps themselves. And the Microsoft patent does not qualify for a FRAND designation which would allow Motorola Mobility to easily get a license for the patent without some tough negotiating with Microsoft.

Motorola Mobility might be able to get revenge by pushing for a ban on Microsoft's Xbox 360

Motorola Mobility might be able to get revenge by pushing for a ban on Microsoft's Xbox 360

Motorola Mobility does have some leverage here. While a preliminary injunction in United States District Court for the Western District of Washington prevents the Google owned subsidiary from enforcing a pair of German injunctions it won related to the H.264 video codec standard, Motorola Mobility does have a recommendation from the ITC that could lead to an import ban of Microsoft's Xbox 360. But even there, Motorola Mobility itself is unsure if the preliminary injunction issued by the Washington court also prevents them from blocking the video game console from entering the States. And the ITC merely gave Motorola Mobility a recommendation, not a ruling.

The legal issues here are getting to feel like that huge entanglement of AC cords that seem to be twisted around each other. Just the other day, Google won a patent case against Oracle while a few days ago Motorola Mobility had a import ban issued against it from the ITC for Android devices that infringe on another Microsoft patent. Industry-wide talks on resolving the issues and signing licenses calling for royalty payments would be the answer because if these legal problems continue, soon one won't be allowed to ship handsets anywhere.

source: FOSSPatents

61 Comments
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posted on 24 May 2012, 14:11 22

1. mss1988 (Posts: 35; Member since: 19 Apr 2012)


In these days there's more more law topics in tech news than tech topics itself... it makes me sick...

posted on 24 May 2012, 14:13

2. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)


Agree.

posted on 25 May 2012, 00:21

51. Mxyzptlk (Posts: 15697; Member since: 21 Apr 2012)


Wouldn't be a problem if Google would stop infringing on so many patents with Android.

posted on 25 May 2012, 04:43

53. navaf (Posts: 11; Member since: 19 May 2012)


This is tech news

posted on 24 May 2012, 14:15 12

3. GuiltyBystander (Posts: 199; Member since: 05 Mar 2012)


Wow, Microsoft is even a worse patent troll than Apple.

posted on 24 May 2012, 14:23 17

7. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)


In mine opinion Apple is worse.

posted on 24 May 2012, 14:49 6

12. wp7tribes (Posts: 52; Member since: 12 Aug 2011)


motorola started the trolling

posted on 24 May 2012, 16:01 14

22. remixfa (Posts: 14467; Member since: 19 Dec 2008)


no, apple is still worse. MS is suing for actual patents to actual tech, not rectangles drawn on napkins and shapes.

MS also normally goes for royalties, and I doubt thats going to change. They make more off of android than they do off of WP7, so its highly unlikely that they will shoot themselves in the financial foot to be spiteful like apple would be.

However, if moto really gets some sort of injunction with the xbox360, then I'd suspect them to come to a mutual agreement to lay off.

posted on 24 May 2012, 17:14 3

37. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


Apple are. Were born as losers and advocates....

posted on 25 May 2012, 07:30 4

55. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)


No, your opinion is wrong.

posted on 24 May 2012, 19:34 3

47. jroc74 (Posts: 6019; Member since: 30 Dec 2010)


I agree. I dont think MS is as bad as Apple. Apple also sues for bezel colors and widths.

posted on 25 May 2012, 00:20 2

50. Mxyzptlk (Posts: 15697; Member since: 21 Apr 2012)


Your opinion is wrong.

posted on 25 May 2012, 13:50 1

56. Sparhawk (Posts: 75; Member since: 10 Mar 2012)


"Everyone is entitled to their own opinion, no matter how bull-headed, stupid and wrong they are." -- Author Unknown

posted on 24 May 2012, 14:17

4. networkdood (Posts: 6330; Member since: 31 Mar 2010)


Seems like an even trade....

posted on 24 May 2012, 14:20 2

5. wp74ver (banned) (Posts: 62; Member since: 10 May 2012)


Microsoft don't do or work anything ,let them do and find new ways instead of being copy cats like they are lol let the droidfags start hating on me lol I love when Microsoft does this to google lol .

posted on 24 May 2012, 14:43 8

11. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Huh? You need to take a deep breath bro.

posted on 24 May 2012, 14:54 16

14. tedkord (Posts: 13024; Member since: 17 Jun 2009)


Deep breath? He needs to take a remedial 3rd grade English class.

posted on 24 May 2012, 15:16 5

18. Whateverman (Posts: 3283; Member since: 17 May 2009)


Why don't you come up with a different way of insulting people who you obviously feel inferior to. That slur is really offensive.

posted on 24 May 2012, 15:57 5

21. medicci37 (Posts: 1311; Member since: 19 Nov 2011)


@wp7fag4ever MS sucks & will eventually run out of people 2 sue. They can't make a mobile is that competes with Android or Apple. When they tried to copy the ipod with Zune, it was a huge fail ! Wp7 wouldn't have been necessary if they were not so incompetent on Vista. The xbox was a ripoff of the PlayStation. & There sorry add can't deal with competition. MS had about a 30 year head start with ie explorer, & Google still surpassed their theiving azzes. Also, MS wouldn't know innovation if it fell out their azz. People who don't mind getting it up the azz by companies like MS don't deserve a smartphone. For people who don't like getting f*cked by MS & Apple need a alternative. If not for google technology would be more expensive & we wouldn't have many of the advances that have taken place in the last few years.

posted on 24 May 2012, 16:23 4

30. SleepingOz (unregistered)


I'm glad that this news makes you happy 'coz it won't make WP any better. =]

posted on 24 May 2012, 17:09

35. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


U need, i advise u to take a bath or a shower....

posted on 24 May 2012, 17:12

36. TROLL.ISAHA (banned) (Posts: 535; Member since: 28 Mar 2012)


We. The. All. Fandroid....

posted on 25 May 2012, 00:07 1

49. Forsaken77 (Posts: 553; Member since: 09 Jun 2011)


You obviously don't give credit where credit is due. Microsoft invented the windows os. They are the ones that made computers user-friendly to consumers. The Xbox didn't copy the Playstation at all, it put out a better game machine. Why does the PS3 have a hard drive in it now? Cause the og Xbox started that trend. Where did the Playstation Network come from? Seems Sony was trying to copy the vastly superior Xbox Live service. Windows Phones aren't that great right now, but I'm betting that when version 8 rolls out that it'll be a different story (and I'm an Android user). Microsoft is one of the most innovative companies in the world. Alot of the current tech and software we use today is because Microsoft had a hand in it. Stop being such a fanboy because you sound like an ignorant brat.

posted on 27 May 2012, 21:35

61. medicci37 (Posts: 1311; Member since: 19 Nov 2011)


90% of what you said is wrong. & As soon as your mother stops sucking my d*ck, Im gonna tell her to make you move out of the basement & get a life. Btw I don't care if microsoft has a hand in your anus. They still suck.

posted on 24 May 2012, 14:22 11

6. tluv00 (Posts: 134; Member since: 18 Oct 2007)


Remember when companys used to actually use marketing and good products to get money and market share and not patent BS and lawyers?

Those were the good ole' days.

posted on 24 May 2012, 14:33 6

9. GuiltyBystander (Posts: 199; Member since: 05 Mar 2012)


The sad thing is that those days aren't long time ago, only a few years ago.

posted on 24 May 2012, 14:31 5

8. MtDewFella (Posts: 4; Member since: 23 Apr 2012)


The whole software patent problem is idiotic, there are so many patents that are so broadly worded it's impossible for anyone to make any code with out infringing on at least one of these patents, Heck I would be surprised if General Electrics toasters infringed on a few. The only reason android got targeted is because A) Google had no patents on it to protect it, mainly because they didn't want to play that game, and B) it's successful, MS has been know to also sue other companies over using Linux on servers, wanna guess where else MS is getting it's but kicked, oh right servers. That's MS strategy if at first you don't succeed, abuse your power and sue the hell out of everyone who dares oppose you.

posted on 24 May 2012, 14:43 1

10. wp74ver (banned) (Posts: 62; Member since: 10 May 2012)


You so right about that ,i been telling good be friendly support wp7 ,you don't wanna play hard with micromoney ,the have 60 billion cash they are too powerful, they didn't listen ,they don't want to pay for patents and that's what happen ,micro$oft step all over your copy cat ass .

posted on 24 May 2012, 14:55 8

15. theBankRobber (Posts: 682; Member since: 22 Sep 2011)


It doesn't matter how much money Microsoft has because Microsoft will still have to pay Motorola for the use of Motorola's patents. Also your forgetting Motorola is the REASON why Microsoft and Apple can make cell phones. Without Motorola's true creations for cell phone technology, we wouldn't have any of the choice of phones we have today.

posted on 24 May 2012, 16:51 2

31. medicci37 (Posts: 1311; Member since: 19 Nov 2011)


If Android copied MS, it work suck so bad that nobody would want Android. & as far as fags go, I'm sure you have sucked plenty of d*ck. So what's your problem ?

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