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Emails reveal manager admitting that his firm uses Android compatibility "as a club" against competitors

Google Inc.'s (GOOG) day in court with Skyhook, Inc. took a decidedly ugly turn this week when the court published internal emails from Google's ranks.

In one juicy snippet Android Open-Source & Compatibility Program Manager Dan Morrill writes, "[W]e are using compatibility as a club to make them [Android hardware partners] do things we want."

I.  Google -- Not So Open

If several angry small service providers are to believed, Android is as closed as the legendary Apple, Inc. (AAPLiOS closed garden or worse.  The disgruntled firms claim that Google wields compatibility as a sword to crush rivals while maintaining a public image that it's "open".

In Skyhook's case the company signed a deal in April with Samsung Electronics Co., Ltd. (005930) and Motorola Mobility Solutions, Inc. (MMI) to put its location-aware services on their devices.  The company made a unique product that offered advanced location tracking employing a mix of GPS, cell towers, and Wi-Fi signals to pinpoint a user's exact location.  The deal would have been a blockbuster opportunity for the small, enterprising company.

That's when Google stepped in.

Recalls CEO Ted Morgan, "After we announced our deal with Motorola, Google went crazy."

Google, upset about the threat to its own service, reportedly threatened its hardware partners by opening investigations into their compatibility compliance, which could lead to them being unable to make and sell new or existing Android handsets.  Both companies meekly bowed to Google's threats, severing their contracts with Skyhook in July.

II. Smacked With a Lawsuit

Outraged, Skyhook filed suit in Massachusetts Superior Court.

But there's more to the story.  The emails reveal that much like Apple, Google's fundamental argument for disallowing third party competitors was that they would offer inferior or confusing alternatives to customers.

Steve Lee, an Android product manager, ordered tests conducted which showed Google's own free service worked better than Skyhook's in the San Francisco Bay Area.  Mr. Lee wrote an email to fellow managers warning that letting Skyhook continue to operate endangered Google's own operations.

He said that even though he believed evidence showed Google's own service to be superior, that the Motorola and Samsung contracts might convince other phone makers otherwise.  They might ditch Google's free service for Skyhook.  He writes, "That would be awful for Google because it will cut off our ability to continue collecting data to maintain and improve our location database."

III. Mountain View Giant Covers Its Tracks Carefully

Clearly Google's management grew concerned that their email conversations might get pulled into court as their efforts to kill Skyhook stepped up.  Patrick Brady, a partner manager at Google, replied to a colleague offering to send him some details on Skyhook, stating, "PLEASE DO NOT! Thread-kill and talk to me off-line with any questions."

Due to Google's apparent efforts to cover its tracks -- a lesson perhaps learned by the Microsoft Corp. (MSFT) blockbuster federal court case of a decade prior -- there's less concrete proof that Google employees were willfully abusing their dominant position.

But in crushing Skyhook, this appears to be exactly what happened -- regardless of their intentions.

Perhaps the greatest irony in the case is that Apple, often demonized as a closed, totalitarian device maker, actually treated Skyhook with greater respect.  While Apple reportedly was not fond of Skyhook's technology popping up on its devices in first party form, it appreciated the potential of the technology and licensed in for use in the iPhone and iPad.  Apple appears to be Skyhook's primary source of revenue, after Google crushed the pending Android deals. 

If Skyhook's sob story is to be believed, one has to wonder how much farther from reality Google's public image of openness could be.  The company is accused of abusing its dominant position to crush small foes and maintain a closed garden.  And that's not to mention the fact that the latest build of its "open source" operating system is closed source.  What is happening to Google?



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RE: We have all been here before
By Tony Swash on 5/9/2011 6:41:50 PM , Rating: -1
We have all been here before.

John Lettice, writing for The Register back in 1999:

"Further evidence of deterioration of relations between Apple and Microsoft emerged in court yesterday, as Paul Maritz from Microsoft was confronted with a February 1998 email saying that “MacOffice is the perfect club to use on them [Apple]”. Maritz had been on the CC list for this message, sent by Don Bradford to Ben Waldman (head of Microsoft’s Mac development team), but yesterday told the court that he didn’t know what Bradford meant by this, and no, he hadn’t asked him."

Twelve years later we get this:

Electronista May 9th 2011

"A set of newly unsealed messages from the ongoing Skyhook lawsuit against Google may have supported Skyhook's claims that Google was abusing its control over Android to shut out competing services. After a brief test that it believed proved Google's own geolocation was better than Skyhook's, Android product manager Steve Lee and others concluded that Skyhook's then-new deal with Motorola was dangerous for Google's business. The company was worried that it would cut off the improvement of Android's location database accuracy and looked like it began seeding concerns about compatibility primarily in a bid to get Skyhook's competition out.

While Android compatibility is a concern for Google, language from an August 6, 2010 e-mail from Android manager Dan Morrill suggested that the company was fully aware it was using compatibility terms to exclude Skyhook, the New York Times said. To him, hardware partners were already aware of the practice.

"We are using compatibility as a club to make them do things we want," Morrill said."

We have all been here before.

quote:
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around me
Pick up my guitar and play
Just like yesterday
Then I'll get on my knees and pray
We don't get fooled again
Don't get fooled again
No, no!

YAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAH!

Meet the new boss
Same as the old boss


RE: We have all been here before
By theapparition on 5/9/2011 8:25:02 PM , Rating: 2
Forgot to include Apple cutting the legal legs from anyone who dared make hardware that was OSx compatible.

This is business, it goes back far, far earlier than Rockefeller. But by cutting two snippets from MS and Googgle to advance your own agenda is.....well you being you.


RE: We have all been here before
By Samus on 5/9/2011 9:18:43 PM , Rating: 2
This has all happened before, and it will happen again, and again, and again, and again, and again....


By snakeInTheGrass on 5/9/2011 11:16:28 PM , Rating: 2
Apple makes all the rules on its platform, deciding what is allowable in its (Steve's?) eyes. Google does that too, but also collects and uses as much of your personal information for non-stop advertising while allowing crapware installs on Android devices, because Android users are 'the product', as consumers are generally called in the advertising industry.

I personally know which walled garden I prefer - the one that isn't full of crap. For Google execs like Gundotra to sit there spewing about the evil of Apple (1984!) is just rich. Yeah, somehow Google is an improvement. Lol.

That's not to say Apple doesn't strongarm and do whatever it wants, it's just that the inevitable side effect of the competing business model of a licensed OS across multiple hardware vendors always seems to involve those manufacturers trying to make up their thin margins by selling 'space' in their installs for crap. And of course since Google isn't charging for the OS, they need to make it up with more ads, which guarantees their #1 priority is lots of adware / data mining of the users as well.


RE: We have all been here before
By Tony Swash on 5/10/2011 12:29:42 PM , Rating: 2
quote:
Forgot to include Apple cutting the legal legs from anyone who dared make hardware that was OSx compatible.

This is business, it goes back far, far earlier than Rockefeller. But by cutting two snippets from MS and Googgle to advance your own agenda is.....well you being you.


Yeah - so Sony should allow PS3 clones, Microsoft should allow Xbox clones, BMW should allow BMW clones cars. Don't be a dope. Apple make combined hardware/software devices. Apple doesn't stop people networking to help each other hack MacOSX to run on non-Mac hardware (I have done that and it was easy to find the info and support software to let me do it - Apple does nothing to stop this). What Apple stops is people ripping off their business model to make money - and why not? Raising red herrings about Apple won't stop people seeing what Google is doing and how much it reflects their claim to be 'open' and 'doing no evil'.


RE: We have all been here before
By sprockkets on 5/10/2011 7:16:24 PM , Rating: 3
Can I sideload on Android? Yes, unless you bought a crappy Att phone.

Can I sideload on iOS? Not without jailbreaking.

When this changes, Google will be evil. Until then, STFU.


"If you look at the last five years, if you look at what major innovations have occurred in computing technology, every single one of them came from AMD. Not a single innovation came from Intel." -- AMD CEO Hector Ruiz in 2007














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