David Drummond

Following Google’s denial of being involved in the PRISM surveillance claims in which the National Security Agency was accused of tapping into servers of 9 tech companies for details of user activity, Google today published a letter it just sent to the U.S. government requesting the release of more national security request data.

Google this morning sent a letter to the Attorney General and the Federal Bureau of Investigation asking that it be allowed to publish “aggregate numbers of national security requests, including FISA disclosures—in terms of both the number we receive and their scope.”

Assertions in the press that our compliance with these requests gives the U.S. government unfettered access to our users’ data are simply untrue. However, government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation.

Google continued by noting that the numbers “would clearly show that our compliance with these requests falls far short of the claims being made. Google has nothing to hide.”

The full letter is below:
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It is no secret that Mountain View-based Google has been in a flurry of legal proceedings over its Android operating system—along with the OEMs that use it. Consequently, Google has been vocal in the past about how it wants to change the patent system in the United States. Adding to the attempt of reform, in an interview with reporters in Seoul this afternoon, Google Legal Chief David Drummond called for a reform of how software patents are issued.

According to the Wall Street Journal, Drummond talked about making it more difficult to obtain a software patent as one possible solution. He spoke about other countries, specifically: “There are places in the world where you can’t get a software patent, or at least it’s harder, like Europe. We think that’s probably the better way to go.” Many others have also voiced a similar opinion.

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The web is abuzz with the news that Google is snapping up Motorola Mobility in a deal valued at $12.5 billion. And while there are concerns that Google is pursuing the deal purely for the patents, CEO Larry Page said in a blog post that the agreement will let them “supercharge the Android ecosystem” by fending off patent threats from Apple, Microsoft and other companies. In addition, he dropped hints of “wonderful user experiences” in a nod at tightly integrated devices that Apple famously builds.

Now, conventional wisdom has it that the transaction will put other Android backers in an uneasy position as they get to compete with Motorola on an uneven playing field. Not to worry, Boy Genius Report has reactions from major Android backers that appear to be upbeat about the deal. For example, J.K. Shin, president of Samsung’s Mobile Communications division says:

We welcome today’s news, which demonstrates Google’s deep commitment to defending Android, its partners, and the ecosystem.

The publication quoted similar statements by executives from HTC, LG and Sony Ericsson that Google published on their site. On the other hand, as noted by Business Insider, Android backers cannot be satisfied with the outcome of this time, regardless of their voice of support. TIMN wonders what this deal means for the future of Motorola products and the level of Google’s involvement in product development. So far, this is about intellectual property. Motorola Mobility CEO Sanjay Jha revealed in a conference call discussing the Google deal that his company controls a rich patent portfolio of 17,000 issued patents and 7,500 patent applications filed, indicating that Google will use this patent war chest as a powerful leverage against legal pressure from rivals Apple and Microsoft.

Google’s chief legal officer David Drummond said this in the call:

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Update: As expected, outspoken Microsoft Corporate Vice President Frank X. Shaw has responded to Drummond’s response from earlier today. There isn’t much to learn here, but Shaw’s tweets pretty much speak for themselves and Microsoft’s stance on the issue. We’re bound to hear more from Google execs on the issue, stay tuned for the latest. Shaw’s tweets after the break, if you’re interested.

Google Senior Vice President and Chief Legal Officer David Drummond has taken to the official Google blog once again to respond to Microsoft’s Brad Smith’s claims Google backed out of the opportunity to jointly bid for Novell patents.

Drummond writes:

“A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners”

Drummond points out the U.S. Department of Justice has now intervened, forcing Apple and Microsoft to provide an open-source license in order to “protect competition and innovation in the open source software community.”

Its clear Google doesn’t want to pay for patents that aren’t going to help them defend Android from competitors in the future. A joint bid would have essentially forced them to do so, which is the reason they claim “competitors are waging a patent war on Android”.

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With Google execs stepping out of character to share their frustrations with Microsoft and Apple “banding” together to acquire patents, it seems at least a few execs in Redmond are determined to set the record straight, and for good reason given the fact the company is slated to earn more off Android than their own Windows Phones, according to analyst Horace Dediu.

In response to the open letter from Google’s Vice President and Chief Legal Officer David Drummond accusing Microsoft and Apple of “banding” together to acquire mobile device related patents, Microsoft’ general counsel Brad Smith posted the following via his Twitter account this morning:

“Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.”

Microsoft surely doesn’t want to tarnish their relationship with Google, with Android-based HTC phones bringing in three times as much profit in the second quarter in comparison to their own Windows Phone devices. It makes you wonder why Microsoft is spending billions developing and bringing Windows Phone handsets to market when Android devices are clearly their bread and butter in the mobile space.

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