Clearly this is a lot of money that was invested defensively. Money that could have gone into research or acquisitions that would have grown the business or opened new markets.
That thought hit us this morning after reading a NY Times piece on the bull market for patents. It reinforced our thoughts after word of the deal broke: that this was money spent for arming Google against patent predators in courts of law. In this case, it’s predators sensing blood to slow down or at least exact royalties from the Android platform juggernaut.
Of course much of the issue stems from the subjective nature of software patents; that’s a longstanding issue given that the iterative nature of software development. It is simply difficult if not impossible to prove that a software innovation does not base itself in some way on prior invention. Furthermore, the fact that software relies on other software to operate makes the notion of software patents even more dubious.
This doesn’t mean that software developers should get away plagiarism. Although discovery is still underway, the evidence continues to get more damning in the Oracle-Google case over Dalvik, the Android VM that on closer inspection looks like the JVM in sheep’s clothing. The irony is that when Google was still pulling its (J)VM clean room act, the company at the other end of the line was Sun. To us, this is a reflection of Google’s Not-Invented-Here mentality. Would it have killed them to secure a JVM license at the time, as they could have gotten far more reasonable terms from Sun – rather than Oracle, the new sheriff in town.