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I am confused. Why would Google want to jointly bid on patents in a way they could not be used to protect itself and its partners from Microsoft?

Microsoft's council can't be so naïve.

Edit: by refusing to participate, Google indicated that either they wanted the patents in order to be able to defend against Microsoft or that they didn't find them worth the effort. The proposal could pretty much be the way Microsoft used to measure Google's interest and intentions



While you are almost certainly correct you are missing the point about Google's blog post. The lawyer who wrote is demonstrably lying about the situation.

"They’re doing this by banding together to acquire Novell’s old patents (the “CPTN” group including Microsoft and Apple) and Nortel’s old patents (the “Rockstar” group including Microsoft and Apple), to make sure Google didn’t get them;"

If Google was offered a chance to bid along with Microsoft, how is Microsoft trying to make sure Google didn't get them? While it may not have been in Google's best interest to partner with Microsoft, they can hardly argue in good faith that Microsoft is trying to withhold those patents from Google in some sort of conspiracy.


Microsoft et al. don't want Google to have the patents usuable against them. Either outbidding or co-owning works.

Microsoft had enough patents that it was more important Google did not have the patents for itself than for Microsoft to add to its own arsenal.

Google might have instead accused Microsoft of denying it leverage, in the face of Microsoft et al.'s mountain of existing patents, but at the time that probably seemed a verbose way of making the same point: that Android's competitors would like to kill it with patents.

(We haven't list sight of the fact that B&N, HTC, and others have been targeted for using Android, while the same can't be said for WP7 licensees, have we?)


You assume the offer was real and made in good faith. If, however, Microsoft offered Google the chance to jointly bid without any intention of really doing so, Google's interpretation still holds.




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