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Google agrees to modifications to its patent lawsuit strategy, how it handles online data

After nearly two years of investigation, the U.S. Federal Trade Commission's (FTC) probe into internet and mobile services giant Google Inc. (GOOG) is about to wrap up, and Bloomberg is reporting that a settlement has been reached which will protect Google against possible fines.

I. Google Says it Will Change Its Ways

Importantly Google agreed to undisclosed changes in how it uses patents for mobile standards, which are licensed under so-called "fair, reasonable, and non-discriminatory" (FRAND) rules.  Most of Google's FRAND patents came courtesy of subsidiary Motorola Mobility, which Google acquired for $12.5B USD in a denial finalized in Feb. 2012.  

Google had hoped to use Motorola patents to defend its Android partners against Apple, Inc.'s (AAPL) and Microsoft Corp.'s (MSFTaggressive litigation tactics, but those efforts proved largely unsuccessful and came under fire when it became clear that much of Motorola's portfolio were FRAND patents, which come with obligatory licensing demands.

web scraping
Among its promises, Google promises to be be more respectful of others data when web scraping. [Image Source: Google Images/unknown]

The search giant also reportedly agreed to modify other undisclosed business practices; practices that may include making modifications to make Google's search engine less prone to favoring its own internal services.  Google had balked at the idea of letting federal regulators lay their hands on its core search engine code, and ultimately regulators at the FTC appeared to respect Google's concerns, in lieu of its promised concessions.

Reportedly, Google will also modify its so-called "scraping" tactics -- the process of sending scripts to automatically mine data from various internet sites and services, some of which compete with Google.  Another promised modification, according to Bloomberg, is to make it easier for companies to export advertising data from Google's industry-leading advertising platform for use on smaller competitors' platforms.

II. Rivals Complain Settlement is Too Weak

The changes may indeed significantly shift Google's approaches in the mobile and internet spaces, remedying much of the things competitors complained about (if Google follows through).  But competitors are reportedly not happy with the settlement.

Internet services firms like Microsoft, Yelp, Inc. (YELP), and Expedia, Inc. (EXPE) were hoping the FTC would fine Google.  They were also hoping that the watchdog agency would personally supervise Google's efforts to make the changes, rather than agree to a settlement which affords Google greater flexibility to perform the modifications on its own pace and terms.

Expedia Site
Expedia and others are upset at the FTC for letting Google off so easy.
[Image Source: Getty Images]

In a letter to the FTC posted in the coalition's blog yesterday, the group writes, "If the FTC fails to take decisive action to end Google’s anti-competitive practices, and locks itself out of any remedies to Google’s conduct that are offered in Europe later this month, the FTC will have acted prematurely and failed in its mission of protecting America’s consumers." represents Microsoft, Expedia, and other smaller service firms.

In a post on TechNet Microsoft vice president and deputy general counsel Dave Heiner adds:

Google continues to prevent Microsoft from offering consumers a fully featured YouTube app for the Windows Phone. 
Google has refused to allow Microsoft’s new Windows Phones to access this YouTube metadata in the same way that Android phones and iPhones do. As a result, Microsoft’s YouTube “app” on Windows Phones is basically just a browser displaying YouTube’s mobile Web site, without the rich functionality offered on competing phones. Microsoft is ready to release a high quality YouTube app for Windows Phone. We just need permission to access YouTube in the way that other phones already do, permission Google has refused to provide.

In the European Union, a similar antitrust probe into allegations of elicit tactics is wrapping up.  The EU has reportedly given Google a final chance to settle.  If the search giant is lucky it may be able to wrap up that dispute in the same manner as it did the U.S. one -- without painful fines or strict government oversight.

Sources: TechNet,, Bloomberg

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By Tony Swash on 1/4/2013 9:55:12 AM , Rating: 1
Tony, if you paid attention and read the paragraph you quoted, you'd have noted the caveat "essential to key technologies" which obviously refers to patents used by standards. Google, being involved itself in standards bodies, would be aware of how useless those are in lawsuits.

Neither Motorola or Google have any relevant or modern non-FRAND mobile device patents in their portfolio. That's because Apple left everyone else in the dust when they leapt ahead with the iPhone which meant everyone else had to play catch up (and copy). It's also why the likes of Googlerola have had to reach for FRAND encumbered patents in desperation, it's pretty much all they have in their portfolios. Apple has the modern and relevant IP, Google and the Android OEMs do not.

Even those which are FRAND, but unlicensed, are another negotiating chip for Google's side when it comes to future agitation by Apple using patents we now know are on their way to being invalidated.

Except being FRAND means they have to be offered on the same terms as is offered to all other companies (that's what the ND stands for in FRAND - 'non-descrimanatory') hence their almost complete uselessness in any sort of legal haggle. Plus of course Google has agreed in it's settlement with the FTC to not seek any injunctions based on such FRAND patents which agains renders them toothless.

"Folks that want porn can buy an Android phone." -- Steve Jobs

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