Google itself is not known for its proactivity. It has sued only twice over patents — BT in 2013 and SimpleAir this week — but both were retaliatory. By contrast, since 2010 Microsoft has sued 13 times over patents and brought 191 copyright cases, according to data from Lex Machina. Google can point to its relative youth, but Intel also stays clear of courts and licensing despite being almost half a century old.
谷歌自身并不以积极主动著称。它只发起过两次专利侵权起诉——2013年起诉英国电信(BT)和本周起诉SimpleAir,但这两次都属报复行为。相比之下,来自Lex Machina的数据显示,微软(Microsoft)自2010年以来提起了13宗专利诉讼和191宗版权诉讼。谷歌可以说是因为相对年轻,但有半个世纪历史的英特尔(Intel)也选择远离官司和专利纠纷。
There may be good reasons for inaction, beyond friendliness or indolence. Companies can be reluctant to sue their own customers, for example. But spinning off intellectual property into a separate company can work in some instances. The entities so created would be freer to monetise the technology — licensing it and suing infringers. As tech companies mature, they need to profit from their earlier innovation. Nortel Networks spun off its patents into a new vehicle; unfortunately only after it entered bankruptcy. AOL, under fire from activists, sold a patent portfolio to Microsoft in 2017. Less challenged companies might be forced to look at similar structures in future.
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