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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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The rest of the story | 523 comments | Create New Account
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FairSearch and Microsoft ..
Authored by: tknarr on Thursday, July 18 2013 @ 07:49 PM EDT

FairSearch is exploiting and encouraging some confusion between the Android operating system, Google services and Google's proprietary app package. It's likely that the actual truth is that you can use any search provider as the default if you're making an Android phone, but if you want to get access to Google's branding and Google's proprietary apps the package deal includes using Google as the default search provider. And while users could care less about Android, they want the Google apps and services which are only available to handset makers as part of the package deal. You'll note that FairSearch themselves say as much when they say that it's the "must-have apps" that users want, not Android itself.

As far as the Acer/Alibaba deal, the issue there wasn't just that they were making a non-Android phone. It was that they were making a phone running their own non-Android OS but were planning on using Google's proprietary apps and app store on it without having a license for Google's software or trademarks. Google's position was that if they were going to do that they could kiss any support from Google good-bye and Google would be refusing to renew their license to use Google's proprietary apps and trademarks even on their Android products. To me that seems eminently reasonable.

[ Reply to This | Parent | # ]

The rest of the story
Authored by: jbb on Thursday, July 18 2013 @ 09:18 PM EDT
I think you mean well but your post might be confusing to people who don't follow your links. I was sure confused because your links seemed to contradict your post. To help others avoid that confusion here is how the article continues:
Debunking Time

That’s not true. Not only is it not true, it’s impossible. It’s impossible because Android code is released to anyone to do anything that they want with. But if just being impossible isn’t enough proof, how about proof of Android devices that have dropped Google as the default search engine?

Since Android is Open Source, even if Google search were hard-coded into Android (which makes no sense since it is an app), manufacturers would still be free to modify that code to their hearts' content. If you get a closed-source phone OS, then sure, a particular search engine could be hard-coded into it in a way you can't change. Even worse, having to use that search engine exclusively could be part of the licensing terms. None of that can happen with Open Source.

As I've said above, it is not possible to be anti-competitive by releasing Open Source code. I think Microsoft took a page out of the playbook of political dirty tricks:

Attack your opponent's greatest strength.
Since one of the great benefits of Open Source code is that it can't be anti-competitive, Microsoft launches attack after attack claiming it is. That's why I classify this technique as a dirty trick. Attacking your opponent's greatest strength almost invariably involves spreading lies about it in order to raise confusion and thus tarnish the appearance of that great strength. You can seldom attack your opponent's greatest strength by telling the truth about it.

---
In a time of universal deceit -- telling the truth is a revolutionary act.
-- George Orwell

[ Reply to This | Parent | # ]

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