Microsoft: Google is simply “standing on the shoulders” of us with Android

By Tom Warren, on 30th Oct 11 10:32 am with 79 Comments

Google vs Microsoft

Microsoft has revealed that it feels Google is ”standing on the shoulders” of other people’s work with its Android devices.

Horacio Gutiérrez, deputy general counsel in charge of the Microsoft Corporation’s worldwide intellectual property and licensing group, has revealed his true feelings for Google’s work with Android. In an interview with SFGate, Gutiérrez explains that Microsoft’s efforts to force vendors to pay royalties for their Android devices is part of a healthy solution to the patent conflicts. Microsoft has been working with a large number of Android manufacturers and recently revealed that one of the biggest, Samsung, has signed a patent protection deal. Microsoft revealed last week that over half of all Android device manufacturers have now entered into a patent deal with Microsoft.

“Licensing is not some nefarious thing that people should be worried about,” explained Gutiérrez. “Licensing is, in fact, the solution to the patent problem that people are reacting so negatively about.” In the interview with SFGate, Gutiérrez also hints at some of the technologies that are involved in Microsoft’s patent battles. The company has traditionally kept these secret, with third parties playing the guessing game to work out which patents Microsoft’s includes in its claims:

“There are a number of technologies that have to do with really critical features that make smart phones what they are today. For example, the ability to synchronize the content that you have in your phone with the information in the server of your company or in your computer at home.

But then there are all these other features that just make the phone much more efficient, things that are embedded deeply in the operating system. Microsoft has invested for decades more money than anyone else in research and development directed toward the efficiency of operating systems. These devices have moved from having a rudimentary phone system to being a full-fledged computer, with a sophisticated, modern operating system.”

Microsoft’s investments in research and development mean that Google and others are just using these innovations freely according to Microsoft. Gutiérrez explains that Google ”have really stood on the shoulder of companies like Microsoft who made all these billions of dollars in investments.” Microsoft has previously inked patent protection deals with WistronGeneral Dynamics Itronix,Velocity MicroOnkyoAcerViewsonicQuanta and Samsung. The deals reflect Microsoft’s efforts developing new products. Microsoft is also chasing Motorola for a similar Android patent deal. Google announced in August that it plans to acquire Motorola Mobility for $12.5 billion. Google CEO Larry Page noted at the time of the deal announcement that Microsoft and Apple are “banding together in anti-competitive patent attacks on Android.” Google hopes its move to purchase Motorola Mobility will better protect Android in the future.

  • Adam

    i love that picture of those logos fighting, it makes me smile

  • Anonymous

    thats what happen when google think its is better than a search engine only

    • Org

      at least they can make a search engine that works

    • Anonymous

      thats the only thing that they can do

    • Chris

      Android is doing well.

    • Anonymous

      @Chris Successful thief’s do very well to as long as they don’t get caught.

  • http://techin5.com Jubbin Grewal @Techin5.com

    Take that Google?

  • Penta2100

    google, your such a piece of poop

  • Anonymous

    @chris did they made android i don’t think so

  • Eddie Lee

    Couldn’t agree more! iOS, WebOS and WP7 are the only original ideas out there atm. Unfortunately both palm and HP have messed up WebOS… so that really just leaves iOS and WP7 that are any good in my opinion. Android is a poorly implemented copy. It’s the equivalent of buying own brand baked beans.

    • lol

      When ios first started, yes .. sortof, but ios now is just a mish mash of other people’s ideas.

    • http://www.Nave360.com Sebastian Gorgon

      Yeah, many features came from Android such as the recent market feature, Select to download it on your PC, and boom it downloads on your phone automatically, People need to get over this… at the end of the day blame android all you want, but iOS and WP7 aren’t angels 

    • Sirruss579

      There are NO original ideas as far as OS are concerned. All are build upon existing ideas and works from other entities, with a little bit of new stuff, and aesthetic changes, thrown in for flavor. My real issue with Google isn’t because they copied. It’s because they copied, without acknowledging the Intellectual Property owners, and intend to not pay for their use of IP licensed to other entities. Whenever Microsoft use tech belonging to other entities, MS is immediately sued, and rightly so. Google in this instance however is thumbing its nose at IP and patent laws. They are basically saying, we’re going to use any Tech we want that belongs to another company, and we are going to deny its ownership and refuse to pay licensing fees. That’s called STEALING, plain and simple. Come and Google, fess up, you’ve ripped off a lot of IP and tech from other companies. Time to pay up.

    • Am

      Android not original? Download straight from market? The notification bar? The password pattern? Being Open source(ok I should rather say “releasing the source code a month after market availability”)

      I’m sorry but all platforms have their own originality. Just because the Android UI is ugly doesn’t mean that it’s poorly implemented. In fact it’s the first OS to be able to be ported to a huge amount of devices and it’s successful. 

    • Anonymous

      …Er that’s an exact copy of Windows Mobile! Everything, taken singularly, can be explained or reasoned away, however when you look at everything as a whole, it becomes obvious that Google is trying to emulate/replicate Dominant success by using the Microsoft template of the early ’90′s.
      But not even content with that, they are thumbing their noses by adopting (not quite stealing, but with use in such a hostile fashion?…) Microsofts Primary Logo scheme, Microsofts [initial] mobile strategy (with the Core being licensed, but the ‘unowned’ parts given away, so as to ‘attempt’ to bypass IP protections), even the recent ICS release is emulating (again not quite stealing!) design parameters from WP7, as if daring Microsoft to complain or make an outcry about it.

      So yes, it would seem that Google has some sort of ‘hard-on’ about Microsoft for some reason (kinda like Syndrome {the villain from The Incredibles}, wanting to be like Mr Incredible, but also Hating him! Maybe Brin & Page were Rejected as Microsoft Interns way back when, and they’re now out for revenge?!! :-D  I’ll let you decide!)

  • Adam

    why because Americans are so trustworthy

  • Anonymous

    I just noticed Google even copied Microsoft’s logo colors lol

    • http://twitter.com/nn_hung Nguyen Ngoc Hung

      Maybe Goolge is sponsored by Microsoft :-o

    • Anonymous

      My mom thought so, till a few days ago.

    • Binggle

      Thanks mamacita42. I thought so too…

    • Monkey D Black

      yeah, and turned it into a bigass eye…..thats always watching you

    • Anonymous

      LMAO

    • http://twitter.com/hammeredpizza Louis Sandiford

      Just like Gmail Man!

    • HeatherL

      I am getting tired of the MSFt whining about the competition, if they would do a better job with it’s own product then they would not have to worry about the other guys.  With WP7 they were late to the markets with a good OS (like nokia was to complacent with an outdate legacy product), had a terrible and inconsistent marketing approach, and failed to get strong Manufacture and Carrier support because of inability to partner with them effectively.    

      So MSFT, I like your products but stop being so distracted by the other guys and start being innovative and aggressive at your own game.  

    • FatSon

      That’s a bit disingenuous to think that Microsoft can’t innovate and be aggressive while protecting their intellectual property. You make it seem as though Microsoft is one person who can only do one thing at a time.
      “Horacio Gutiérrez, deputy general counsel in charge of the Microsoft Corporation’s worldwide intellectual property and licensing group” means they have a division focused on just that. Other divisions have other foci.

    • http://twitter.com/EduardoMLD EduardoMLD

      OMG I just relized that toooo!

    • http://www.twitter.com/wixostrix WixosTrix

      Yeah I’ve noticed this for quite some time. If Microsoft was really the money hungry company people make them out to be I’m sure they would have sued Google a long time ago for possible, “market confusion” lol

    • Matthewmsft
    • Robin Ashe

      I would say using the same 4 colours in an operating system could be seen as copying. The layout is different, but it’s not as if Google couldn’t have used CMYK with black in the middle for slightly more differentiation.

    • http://www.twitter.com/wixostrix WixosTrix

      Lol, toché

    • Anonymous

      Why all MS-fans are so defensive?? I appreciate MS for WP7/Mango features. Really nice. It can run smooth even with decent spec’ed phones. But why this HATE for Google? Yes, I am using the word hate intentionally. I use Android, and I love Android. But that does not mean I have to hate someone who does not use Android. It’s just a freakin phone. Why would you act as if Page&Brin are personally stole something from you? It’s a battle between companies, they do it all the time. What’s the point of you taking this personally? Say whatever you like, Google have made tremendous progress over last few years. In 13 years of it’s existence, they have become a 200 billion company. 

      Bill Gates (I believe that Gates is a model for all people) own words: Well, Steve, I think there’s more than one way of looking at it. I think it’s more like we both had this rich neighbour named Xerox and I broke into his house to steal the TV set and found out that you had already stolen it. 

      WP7 is not for me, does not mean that it’s bad. I just seem to like Android more. Maybe you all guys need to relax a bit. 

      Here’s a really interesting person:

      http://www.winrumors.com/steve-jobs-microsoft-couldnt-copy-the-mac-well-they-just-didnt-get-it/

    • http://twitter.com/oolong2 oolong2

      Ummm….  Yeah I think you’re the one being a bit defensive here.

      You’re responding to someone making a joke about Google’s Chrome logo….

      “Projection” much?

    • Robin Ashe

      The hate on Google is quite easy to understand, really for the same reason as the hate on Apple.

      Google’s motto was “Don’t be Evil” – so they attracted fans to whom that motto really resonated. When they see Google being Evil, they react very negatively, it’s a betrayal. It’s not MS fans acting defensively, it’s former Google fans. The people who were always fans of MS and didn’t care about Google still don’t care.

      Apple’s motto was “Think Different” – now they’ve got a completely homogenous product portfolio with an iron grip on how you’re able to use it, so former Apple fans who really liked being different are quite betrayed by the change in direction. When Steve came back in 97, at least the iMac initially was still really creative, but everything is completely bland and sterile now. Mac fans are the ones who really hate Apple, the iPod and iPhone fans came in after they’d completely changed.

      Microsoft has never had any such motto. Nobody has ever been attracted to Microsoft because of such a motto. If anything, it’s just what Bill Gates gives to charity that attracts people, and he hasn’t stopped doing that, so there’s no backlash of people who want to buy from a company that eventually gives some profits to charities that has suddenly stopped. (Which by the way, Apple stopped giving money to charities after Steve came back).

    • Anonymous

      #1 – what’s wrong with Apple having a unified aesthetic? It’s good for generating brand image.
      #2 – Apple does “think different”. F..e, AirPlay. Why did I have to go to Apple to get this solution instead of HP or Microsoft? Because those companies couldn’t think enough.

    • Anonymous

      “The people who were always fans of MS and didn’t care about Google still don’t care.”

      I would hope this is the truth. 

      Let’s not make it a personal battle. 

      Edit: I am not concerned about what corporate bigwigs are saying. All of them have a propaganda – forgot all those usual corporate BS. I recently checked the WP section in XDA. I don’t see much going on out there. It used to be a very active section few years back. XDA now has become synonymous for Android development . I felt that the strict guidelines of WP is the main factor. MS should “open-up” a bit to make it more interesting for the modding community. My .02

    • JCT

      @ArrowSmith:disqus - We have DNLA.  TV’s  and other devices that support this standard feature.  MS supports DNLA as well as certain TVs and stereos.  Apple creating AirPlay is another example of creating an extra proprietary option rather than supporting an existing standard.

    • Anonymous

      JCT – explain why Zune software only streams to XBox? At least with the Apple solution I can stream from iTunes to powered speakers through an Airport Express. Sure, it’s an Apple solution but it works.

    • JCT

      ArrowSmith – I can’t speak for zune, but Windows Media Player has a “Play To” button that will connect to DNLA devices to stream your videos or music to DNLA compatible devices.

    • Anonymous

      Have you checked out Android sites and forums? I have because I own an Evo and the moment you say you like WP7 you are degraded. Perhaps you should copy and paste your post in Android Central asking them to appreciate MS and WP7. I bet you scared lol

    • Am

      are you serious -__-?

    • guest

      LOL.  I’ve never noticed that!

  • http://twitter.com/SCGreyWolf GreyWolf

    Why does that matter?
    Isn’t Android Linux and Java? Neither of those are Google’s, so I’d say this is spot-on.

    • Chris

      Neirther is stuff microsft uses. Plus over 50% market share says otherwise.

    • http://twitter.com/SCGreyWolf GreyWolf

      Which part of Windows Phone 7 isn’t Microsoft’s? I’m not trolling you, but I’m not aware of this.

    • http://www.facebook.com/Luffy07 Sergio Gonzalez

      Actually marketshare don’t say anything about stealing (or depending on if you prefer) other’s idea…

    • Tuxplorer

      Every single thing that Microsoft uses was made insider Microsoft. On the other hand, Google has always been a copycat company which relies on stealing other people’s ideas.

    • phil jay

      No technology there and there has it’s origin from either company, neither Google, MS nor Apple. It’s always coming out of some research by people that are lucky not to have to bother with any companies patentophoby.

    • Sirruss579

      Whenever Microsoft use tech that belong to other entities, MS is sued for it – every time. And rightly so. When the Android manufacturers uses tech that was developed by MS, they in turn should pay for the ability to use that tech. That’s why we gave intellectual property laws and a patent office. The issue here isn’t really that Google sucks because they copy stuff – every company does that. The issue is that they are trying to subvert the law by using other companies IP without paying. That’s called STEALING.

    • Anonymous

      Because Google also stole Java as well.

      Sun was trying to work out a deal with Google, but Google decided to just ignore Sun and use their own version of Java anyway even if fragmened the Java standard.

      Now that Oracle owns Sun, they are suing them back to the Java standard.

    • phil jay

      The 10 years old standard? :P

    • Anonymous

       - phil jay

      It was projected by patents and copyright. Google had no right to use it. They were in discussions with Sun about using Java and decided to do what it wanted versus what they were supposed to do, which was respect Sun’s rights.

      Even Microsoft respects Sun/Oracle’s rights.

      Google broke the law and is about to gets its collective ass handed to it in court. All they had to do was respects the rights of others and work with them. The judge overseeing the case has already slapped Google around for so blatantly disregarding the rights of others.

  • http://www.facebook.com/Luffy07 Sergio Gonzalez

    Are you really being racist here?

    • http://twitter.com/laserfloyd Lewis McCrary

      I think the word you’re looking for is “prejudice”. Mexicans aren’t a race anymore than Russians, Brits or Australians are. Just wanted to clarify that.

    • http://www.facebook.com/Luffy07 Sergio Gonzalez

      Even if there is no race, racist is still the word used to call people that still think that there are…

  • Adam

    best nokia add ever

  • http://www.Nave360.com Sebastian Gorgon

    This is all bull shit Microsoft… They can bitch all they want, but WP7 won’t overtake iPhone or Android devices in the near future, They won’t say that Apple stole many good features from Android and said its their own work, like for example that recent swipe to unlock, it was on a ****** phone in 2005 running Windows Mobile, and some idiots granted them the patent 

    • Anonymous

      do you remember the phone model or who made it, i would love to have this noted for future reference.

    • http://www.Nave360.com Sebastian Gorgon

      Sure, it was Neonode N1m

    • Anonymous

    • Tuxplorer

      Ha ha, WP will DESTROY the fugly, crappy and pathetic Android within a couple of years. Android is a stolen OS with no future at all.

    • http://www.Nave360.com Sebastian Gorgon

      Go away and eat some cookies TROLL… 

    • Tuxplorer

      YOU should go away from WinRumors and go back to your pathetic, crappy, shitty Google websites. LOL!

    • http://twitter.com/furdworetzky Fur Dworetzky

      Just because some patents are awarded erroneously does not mean that all are.

    • Anonymous

      Google is an IP thief and they have to pay up.

  • Monkey D Black

    wait…..how does someone actually go about “stealing” a job in the first place? maybe they’re just better at the job and more willing than you are. i’ve seen them do jobs that regular Americans would never do.
     
    and i can tell you this: America was built on the backs of slaves and emigrants, maybe you should open a history book sometime and stfu. your such a racist bastard, you’re like the lowest of low Americans.

  • Anonymous

    What a fucking idiot you are my friend. Actually, you have gone beyond idiocy. Deuchbag! The only Jobs that these “Mexican” steal are the ones that people like you don’t want to take or do. 

  • Guest

    Just because no one wants to hire you because you are incompetent enough doesn’t mean you can be racist. On a serious note, gtfo.

  • http://twitter.com/furdworetzky Fur Dworetzky

    Wow. I’m speechless. It’s one thing to assume nationality based purely off of name – but to take it a step further like you did is even more amazing.

    You made me sad this morning.

    • Chris

      Truth hurts? Have a nice day. :)

  • Mrdeezus

    Mexicans stealing jobs? No American, including you would pick fruit or do landscaping so please stfu. Do you know that in Alabama, a state that just passed some tough immigration laws fruit and vegetables are going to waste because they have no one to pick them? While your at it check their unemployment rate…They have all kinds of jobs but no one will do them.

  • Anonymous

    Waaaaaaah… Oh wait, Microsoft said it… :P

  • http://profiles.google.com/tourehenry Touré HENRY

    That pic is stupid, it’s neither the Microsoft logo nor the Google Logo.

    Basically it’s an OS fighting with a Browser (Said Browser can be a browser too but whatever…)

    #RandomRant  

  • phil jay

    What this guy says is just plain stupid… really… In reality the devs from MS and Google and Apple are friends and actually exchange their ideas and knowledge. This is plain business shit hes talking there.

  • http://twitter.com/oolong2 oolong2

    Personally I feel these patents on software are rediculous….

    It’s one thing if you copy someone else’s “code” without permission.    However concepts like “synchronizing content” shouldn’t be protected for years and years.    2 years maybe. 

    Technology and software moves way to fast to stiffle it with legal nonsense. This shouldn’t be a race to see who can file a patent faster.

    EVERY invention stands on the shoulders of someone elses ideas.  That’s what human progress is all about.

    • Monkey D Black

      thats why you should license the progress before you.

  • Anonymous

    I wonder where the $450 million MSFT gets from Android licensing puts them in the mobile industry profit rankings. Then imagine what will happen is WP7 starts replacing Android in market share.

  • Anonymous

    Hi Tom could you look into this for .. I couldn’t get the tip thing to work..

    You will remember a couple of months back the photosynth team developed an ios app but not not a wp7 which generated an uproar and in their defense they claimed wp7 didn’t have the right kinda tools to develop such an app hence they will have to wait .. Am guess with mango available for every eligible handset it will be a good time to look. into that matter one more time and let us know if they have something in the works or they still can’t make it happen with the current APIs .. Thanks in advance.

  • Potato

    Welcome to another huge circlejerk sponsored by winrumors.

  • Anonymous

    Great phones