How the Ban Workaround OTA Will Work

**jdeslip** · 07-05-2012, 02:47 PM

Here is my opinion on how this ban workaround OTA that Google is prepping might work. I am not a lawyer and don't have any insider info. This approach just seems to make sense...

So, Apple received an injunction against Samsung, preventing them from selling the Galaxy Nexus. The injunction prevents the sale of the phone with Google’s unified search tool included. Google and Samsung are busy working on an OTA that will allow the phone to be sold again. Here is what I think they are likely to do:

1) They will dumb down the default search widget that ships by default on the Galaxy Nexus to not include local search.

2) Google will instead release Google Now as an app for all phones with Android 4.1 (maybe 4.0 even? and iOS even?) that is downloadable from the Play store. This will make it extremely easy to restore the lost functionaliy.

Since the app is not installed by default on the phone, Samsung has nothing to do with it. So, hopefully the phone will be allowed to sell (remember that Apples suit was against Samsung not against Google). Samsung cannot be held accountable for every app that can be installed on their phone, just like Dell is not responsible if someone writes an app for Windows laptops that infringe some patents.

If Apple wants to sue over the new Google Now app, they will have to sue to Google directly for creating and distributing an app they think infringes on their patents (since Google Now is quite different from the old seach widget, Apple may not even find it infringing - and hopefully any court wouldn’t either).

Thus, it seems that a solution to the problem of Apple suing manufacturers over Android features that ship on a device is for Google to remove them from stock Android and distribute them themselves through the play store.

This may very well lead to a direct confrontation between Apple and Google. And, If Apple does go after Google directly, this could get ugly quick. Such a lawsuit could get out of control with both companies suing each other over the other’s core products in order to gain leverage and both companies consumers could get really hurt.

**Biggnaa20** · 07-05-2012, 03:20 PM

Pardon my ignorance, but does Google Now perform local universal search?

This function is my main reason for sticking with Android and not moving to see what Windows Phone is about (I'm a Palm refugee and an apparently a sucker for underperforming phone Oses).

**ajonesma** · 07-05-2012, 06:14 PM

It's actually a good idea to get rid of Google Search and Google Now, and make it downloadable from the market. Not sure if it'll work, but I like that idea

**sniffs** · 07-05-2012, 06:17 PM

Google Gesture search performs local search, they could incorporate that into the OS rather than Google Play..

**mazzmoney95** · 07-05-2012, 09:25 PM

I wonder if the OTA will be a patch like the one HTC put out for there phones. If it is, it would be easily removable by some devs in a couple days. Maybe I'm completely wrong and they are nothing alike though, but one can hope.

**squiddy20** · 07-05-2012, 09:27 PM

Originally Posted by sniffs

Google Gesture search performs local search, they could incorporate that into the OS rather than Google Play..

Google Play is the app/ebook/movie/magazine store that has almost nothing to do with local search....

**Watcher07** · 07-05-2012, 09:32 PM

In this article you will find "Google confirmed to ABC News that the Galaxy Nexus had been pulled from its Google Play store as a result of the judge’s decision, but said it would begin selling the device again next week running the latest version of Android — Android 4.1, known as Jelly Bean. The updated version of Android would address the issues in dispute, Google said."

On the surface, it looks like the 4.1 update will actually BE the patch to resolve the patent dispute. Google being the smart company they are were planning on getting 4.1 released mid-july per Google I/O which was probably in preparation/response to this building patent dispute that ended up kicking off just a hair sooner than I would guess they were expecting. That said, 4.1 is running great in numerous roms across all GNex carriers and the GSM's are working fine with it so it sounds like Google is probably just going to wrap up the finishing touches to 4.1 and shove it out to the masses. That though, is just my guess.

**obi5683** · 07-06-2012, 07:57 AM

Google Now is installed by default in Android 4.1 Jelly Bean.

**dan1431** · 07-06-2012, 09:11 AM

As I understand what has transpired (and I maybe entirely wrong) the ban is against Samsung because that is who APPLE choose to sue, but if the feature which APPLE claims infringes on of their patents was also present on a LG device APPLE could bring a suit against LG and a sales ban could be issues against an LG device.

In essence, the issue is the Search Bar and its ability to preform local searches, so if any other device has that search bar and can do local searches it too could be subject to a sales ban, if APPLE decided to go that route.

As to why they are not suing Google directly, I think that has more to do with the fact that while it is Google code, they have not actually manufactured anything and thus there is nothing to ban.

**dmmattix** · 07-06-2012, 03:03 PM

Nexus with ICS should be sellable. Why don't they just sell the ICS version until they get it resolved in court?

Mike

**dan1431** · 07-07-2012, 01:45 PM

Originally Posted by dmmattix

Nexus with ICS should be sellable. Why don't they just sell the ICS version until they get it resolved in court?

Mike

As I understand the reasoning, while the cases makes it way through the legal system (it is supposed to be heard in 2014), APPLE claims it is loosing potential money due the patent infringement and it want some sort of immediate remedy until it gets its day in court.

A sales/importation ban would fulfill APPLE's desire for an immediate remedy and in theory stop any losses of potential revenue due to the copyright infringement.

Dan

**con5150** · 07-09-2012, 01:19 PM

Originally Posted by Watcher07

In this article you will find "Google confirmed to ABC News that the Galaxy Nexus had been pulled from its Google Play store as a result of the judge’s decision, but said it would begin selling the device again next week running the latest version of Android — Android 4.1, known as Jelly Bean. The updated version of Android would address the issues in dispute, Google said."

On the surface, it looks like the 4.1 update will actually BE the patch to resolve the patent dispute. Google being the smart company they are were planning on getting 4.1 released mid-july per Google I/O which was probably in preparation/response to this building patent dispute that ended up kicking off just a hair sooner than I would guess they were expecting. That said, 4.1 is running great in numerous roms across all GNex carriers and the GSM's are working fine with it so it sounds like Google is probably just going to wrap up the finishing touches to 4.1 and shove it out to the masses. That though, is just my guess.

This article thinks the same thing