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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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From the document | 300 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
From the document
Authored by: Anonymous on Tuesday, June 05 2012 @ 12:28 PM EDT
Are you suggesting that that is a naive reading of the law, or that it would be
naive to think that Google follows it?

[ Reply to This | Parent | # ]

From the document
Authored by: Anonymous on Tuesday, June 05 2012 @ 12:57 PM EDT
Sorry. Um. I'm naive in a bunch of ways. I'm just
wondering which one.

(1) Naive expectations that Google will use patents in a
purely defensive way? (They are, so far.)
(2) Silly understanding of the legal document? (Could be,
agreeing with FM is always a bad, bad, sign. I re-read it a
few times to take that agreement into consideration.)
(3) Naive hopes that Google could deal with their
competitors without a bunch of lawsuits? (Well, definitely
unrealistic given the way the patent system 'works'. I
believe they're charting a reasonable, pragmatic course that
isn't evil and is mostly good and is probably close to the
best possible, all things considered.*)
(4) Naive belief based on the contract that Google
implicitly authorized at least one of Motorola's latest
lawsuits? (I'm pretty sure that Google would have used that
clause to veto a new lawsuit against HTC.)
(5) Old-fashioned belief that contracts tend to be kept
fairly confidential. (Not for international mergers)

--Erwin

*I do wonder a bit. Google does seem to have a tendency to
favor results over manners. Developing Dalvik was a clear
end-run around Sun's scheme to make money from Java. Given
Sun's unwillingness to negotiate a useful contract, it was a
reasonable choice - but did leverage Sun's prior
contributions without compensating them. Of course, to be
fair, Google did try to pay Sun something reasonable first.

[ Reply to This | Parent | # ]

From the document
Authored by: jjs on Tuesday, June 05 2012 @ 05:16 PM EDT
Naive how? What did I misinterpret from the document? I
don't see anywhere in the document that says Google can
direct Motorola to start a lawsuit.

Not certain of SEC rules, but given that the deal had not
closed until recently, I suspect there would have been some
folks looking at it if Google gave direction before the
closing. Until then they are two companies with a contract
between them.

Maybe I'm wrong - I certainly don't claim to be either a
lawyer or an expert on the SEC.

---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)

[ Reply to This | Parent | # ]

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