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Christopher Dawson

Google's Schmidt bends the truth on Android's openness to Senators

By | September 21, 2011, 4:40pm PDT

Summary: Google’s Eric Schmidt’s testimony in front of the US Senate Judiciary Subcommittee suggests that Android is open for all. But that may be bending the facts.

Google Executive Chairman Eric Schmidt’s long-awaited appearance in front of the US Senate Judiciary Subcommittee on Antitrust today rightly focused on the issue of whether or not Google “cooked” search results in its own favor.

But his testimony inevitably touched on the Android mobile operating system and how its openness fosters competition. The problem is that I think his representation of Google Android’s openness was unfairly skewed.

Here’s the relevant bit of Schmidt’s testimony, taken from the transcript available on the Senate committee’s webpage:

Open sourcing software has real benefits in the marketplace[...]rather than having to build their own operating systems, companies can and do use Android, as a full-fledged operating system, to power many different types of devices. In fact Android’s openness allows anyone to take it and develop it independently – Amazon reportedly is doing this with a tablet expected to go on sale this fall and others have too. Android’s openness has helped make mobile computing competitive by allowing the introduction of lower-priced smartphones and pushing other companies to innovate and improve their products – all resulting in better phones for less.

I think there are few reading this who would argue with Schmidt’s core principle that open source often equates to more product versatility and innovation.

But Google has been slowly but surely closing off the Android mobile operating system, going so far as to not release the Android 3.x code as open source at all. That means that the maintenance and future of Android devices - especially tablets - are almost as much in the hands of the Google Android team and its OEMs as iOS devices are in Apple’s. That’s something that the Google Android project was designed to avoid from the word “go.”

And speaking of OEMs, the ongoing FTC probe into Google’s business practices expanded in early August to include Android, allegedly on accustations that Google was bullying handset manufacturers into abandoning competing products.

Couple that with Google’s acquisition of Motorola Mobility, which is already generating rumors of unfair play in the Android market thanks to the existence of “highly proprietary source code,” and you start to see an unflattering picture of just how open and pro-competition the Android ecosystem may actually be.

What I’m trying to get at is this: Schmidt’s claim that Android is widely available and able to be developed isn’t exactly a lie - he’s correct when he says that Amazon is developing a Kindle tablet built on a modified version of Android. And previous versions of Android remain available for any developer to find, download, and tinker with.

But it’s increasingly untrue that all Android devices start from a level playing field. And it’s hardly fair play for Schmidt to suggest that they do in front of panel of US Senators.

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Matthew has written about consumer and personal technology for The New York Daily News and comic book culture for ComicMix.com.

Disclosure

Matt Weinberger

Matt Weinberger has no financial investments in the companies he covers.

Biography

Matt Weinberger

Matthew also covers software as a service (SaaS), cloud computing and recurring revenue models for the IT channel at TalkinCloud.com and MSPmentor.net. He has written about consumer and personal technology for The New York Daily News and comic book culture for ComicMix.com. Matthew is a graduate of the Stony Brook University School of Journalism.
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Exactly this.
SenorAlejandro 18th Oct
@archangel9999 The whole "we're making an OPEN SOURCE ZOMG operating system" and then carefully not releasing portions of it and making it more and more closed is not just a violation of the license under which it was released, it's a violation of bait-and-switch consumer protection laws.
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Shouldn't be an issue...
UrNotPayingAttention 21st Sep
We're still in a war based on bended facts.

Laws get made (or repealed) based on bended facts.

Federal, State, and Local Organization's budgets get cut or increased based on bended facts.

I'm sure the majority of those Senator's tax returns are based on bended facts.

That panel of Senators should say "Ok", and move on to something a little more pressing. I'm sure most would agree our country has more serious issues than whether Joe the Plumber can freely develop for the latest slice of Android.
@chmod 777

"That panel of Senators should say "Ok", and move on to something a little more pressing. I'm sure most would agree our country has more serious issues than whether Motorola or Samsung can freely develop for the latest slice of Android, using Skyhook for location services."

Fixed it for you.

P.S. where does "joe the plumber" get the source code for Honeycomb so he can tinker with it on his phone?
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He can't right now
Michael Alan Goff 21st Sep
@bannedagain

I'm told Joe can't code all that well anyway. *nod nod*
@bannedagain I don't think I'd want Joe tinkering with my code. I surely wouldn't want him tinkering with my presidential campaign.
@Champ_Kind Don't have any clue if he can code or not but would put more faith in him when it comes to anything presidential than Obama happy
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not everyone is astute enough
Linux Guru Advocate 21st Sep
@chmod 777 to recognize that google is open.
Google telling lies? Well color me shocked.
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so
voxabgnarus 21st Sep
you can't have a better idea than anyone else now and sell and keep it secret so your idea remains the best idea? jesus, the idea of fair play in this country astounds me. everyone is not going to get rich. everyone is not going to have the best idea at the perfect time and everyone is not going to take the chance and the risk or reputation or financial well-being to promote that idea. quit whining. google came up with their idea, they 'marketed' it successfully and if they make 100 trillion dollars off of it so be it. the world is not 'fair'. business is not 'fair'. life is not 'fair'. deal with those facts and move on.
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But...
archangel9999 22nd Sep
@voxabgnarus Of course you can have a better idea and keep it secret

But if you start off with open source aren't you supposed to be bound by the license to KEEP it open source

By all means, start from scratch and develop your own and keep it secret - but....
@archangel9999 No, actually. Truly open source include the ability to take the code, make changes/improvements, and KEEP the new stuff secret. Just because you use open source does NOT mean anything including it or linked to it MUST be contributed back to open source. It may be nice if people do this, but it certainly is not mandatory.

On the specific case of Honeycomb (Android 3.x), I would be willing to cut a little slack here - things are moving very rapidly. Android was originally meant to be a single OS for phones. Tablets emerged out of the blue (or green, for apple), and many manufacturers took honeycomb or earlier variants and modded it themselves to make it work. Google saw the mixed results and decided that Honeycomb needed some (significant) work before releasing it as the starting point for manufacturers as open source. After all, people would not be happy if they put in a lot of work on a release that could not easily be ported into the next point version. At that point, I think Google started working with the few people they had already given honeycomb to, with the intention of polishing honeycomb as a tablet OS and releasing it. However, events have continued to zoom along, and it may be that honeycomb gets obsoleted as a doomed fork, and Ice Cream Sandwich becomes the next official, properly open-sourced version.
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Exactly this.
SenorAlejandro 18th Oct
@archangel9999 The whole "we're making an OPEN SOURCE ZOMG operating system" and then carefully not releasing portions of it and making it more and more closed is not just a violation of the license under which it was released, it's a violation of bait-and-switch consumer protection laws.
@voxabgnarus Did you read the article? Your rant doesn't really have anything to do with the issue he was speaking of.
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So no surprise at this. Even a great company would become shady with him on board. A compnny that lives to exploit as many people as possible + dirtbag = EVIL
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You just described Microsoft!
linux for me 22nd Sep
@Johnny Vegas

Must be the hidden truth you have been hiding all along....
@Johnny Vegas
company that exploits ppl + dirtbag = evil. you must be talking about facebook + microsoft then. yeah they are
Android continues to be ridiculously successful on smartphones, all of which are running open-source versions of Android. Analysts say Android has grabbed 20% of the tablet market, but I'll wager hardly any of that has been the high-profile Honeycomb-running offerings, most of that will be cheap no-name knockoffs running Android 2.x.

Google have claimed that the reason they haven't released the source to Android 3.x is because the quality hasn't been up to scratch. Seems like the customers agree.
@ldo17

Doesn't matter, by the use of Open Source (GPL specifically), when a product is SHIPPED, the source code needs to be made available. Period. Last I saw there are already a few products that has been selling to the general public that is running on Android 3.0. There's no out clause in there that say if the software isn't 'primetime', it's okay to not provide the source code.
@JJ_z If you believe that, sue them.
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So much emotion, so little fact
daboochmeister 22nd Sep
@JJ_z - Google maintains ALL of the GPL-licensed Android code as completely public, all the time. The code that they reserve right to release after they deem it ready is Apache licensed, and that's permitted.

Their explanation of why they do this is at http://source.android.com/source/code-lines.html, and frankly, reads pretty reasonably.

Anyone who thinks all open source projects make all code available all the time doesn't understand the practical realities of open source development. Heck, even with GPL, developers make changes that they work on privately until they release it to the public branch. No one expects full visibility into every developer's change, line by line, every moment. The Google situation isn't different in kind, only in scale.
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I see nothing in the statement that even remotely bends the truth. Android is an open source OS. It is controlled by Google, but the source is open and available for download to do as anyone sees fit. Yes, the honeycomb source is not available. But that's because it was rushed to the market and not in a state where it should be open sourced. The next version of Android ICS will merge the phone and tablet OSes and will be open sourced.

You don't even have to wait to see Amazon's upcoming tablet. Just look at the Nook and Nook Color that have been out for a couple of years. Look at the chinese phones that have Baidu on it and some with no Google services at all. Look at Verizon Android phones with Bing on it. I wouldn't want to buy a phone without Google Search and Google Services.

But manufacturers are free to make them and consumers are free to buy them.
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Your bending the truth too
jscott418 22nd Sep
@os2baba From using the Nook for my wife, the OS is locked from downloading all apps from Google. Its no secret that Google is creating its own eco system of Applications. How can you defend that this is not a closed OS? Its no different then Apple and its App store. Yes, the OS is partially shared but Google has itself created its own closed OS. This is what I find funny, take Linux a open and free OS, add your own UI tweaks like Google has done and profit from it. Wow, open source is great for business.
@jscott418 My modded Nook (thanks to the OSS nature of it) runs all apps from the Google store.

So what's the problem again?
@jscott418
lol you seem to not know what you are talking about.

google din't restrict users from installing app from other sources. there are ample app markets other than google's android market. but google's market is superior and everyone is using it. this is called fair competition.

source: i have samsung galaxy s and had lg optimus black. on both mobiles i install apps from other sources than google sometimes. if you want to know how to install apps other than from android market....... settings->applications->unknown sources. i dont know it is blocked in nook or not. but that problem is because of b&n and not because of google.

straighten your facts before posting some junk
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Honeycomb
archangel9999 22nd Sep
@os2baba Really? There's a clause in the license that says that if you rush something to market you don't have to release the source? Wow - did everyone else miss that??

If it's in a state that it can be shipped in production devices - it's supposed to be available
People are failing to understand that open is a relative term. To be absolutely open would be to immediately post any work any Google employees are doing on Android immediately. Obviously that's not happening and I don't think anyone is expecting such a senario when Google says android is open.
Android through 2.*, at least, has been "open." Sooo open that an unmaintainable chaos has arisen. Every add on layer adds to the problem. Samsung, Motorola, etc. So Amazon will have a fork. Sony, I am sure has some neat tricks. Then everyone complains that Android does not work, is not stable, is not so secure, etc.

I do not know if closing source is the answer and I hope Google opens up the new versions. Apple controls its "ecosystem" very tightly so few unpleasant surprises. Google may need to find some middle ground between tyranny and anarchy.
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I have always been surprised at how Google has basically taken aspects of Linux and made it into a propriatary OS for Google. Yet I don't hear much complaints from the Linux community?
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Proprietory source code
radleym 22nd Sep
As far as I can tell, the only "highly proprietory source code" Google maintains for Android is for the Google Apps, which are not part of the open source OS, and support the Google infrastructure, and are NOT REQUIRED to run Android, but are free to use.
Furthermore, nobody has yet intimated that Moto will have access to the Google apps source code.
Man, you ZDNET bloggers love to do a cursory read of a situation, apply the most sensational interpretation regardless of the facts, and run around crying "the sky is falling".
This is called "yellow journalism".
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Honeycomb irrelevant
wilson@... 22nd Sep
Google's decision to retain source control of Honeycomb is reasonable from a standpoint of development/change control; it's simply a code freeze. Froyo and Gingerbread weren't working all that well on tablets, and they needed a fix. Honeycomb is a stopgap measure (for tablets only) on the way to Ice Cream Sandwich, where the tablet and smartphone code forks will be re-integrated (un-forked?). Google will fully open-source Ice Cream Sandwich. It's coming in the next couple months.

And now for some reason I'm craving vanilla ice cream sandwiched between gingerbread men topped with honey...eaten with a fork...
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Amazing
archangel9999 22nd Sep
@wilson@... It's amazing how apologists pop out of the wood work - where in the license does it say that you can ship a product in commercial production devices without releasing the source? Is there a special "it's a stopgap measure - it's not ready for release - it's just a code freeze" clause that everyone missed?

If it's good enough to ship in production devices, it's supposed to be good enough to release the source per the license terms.
@archangel9999
It's even more amazing that some people always have something to gripe about. Google (Schmidt) explained why they didn't and won't release Honeycomb and that they will release it when Ice Cream comes around. frankly, I don't care either way as I'm not in the process of creating my own tablet specific OS (which is what it is). Google decision does however make sense from a branding point of view. Google's already taken way too many hits on fragmentation problems. If you have a great pure open-source mobile/portable/tablet OS that is so much more open that Android..good for you. Meego isn't going to do it for most people right now.
Open source is not a contract that a company necessarely has to exist under. If they use open source software, then it must follow under that licenset, but Android 3.0+ are not on the Apache License and thus Google proprietary code need not be published. Relax, time will tell.
Ethics anyone ? Forced unremoveable advertising ? OPEN ?
@bfriskey WTH are you talking about? I get ZERO ads on my Android phone and tablet.
I don't believe the true has been "bent". Open Source allows you to modify the code to meet your own needs, I don't believe you are required to share your modification with the open source community. Google share the Android OS with the OS community, now they are making changes that they have not share yet. Big deal. Write about real new!
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This whole affair shouldn't be allowed. What right does the government have in private industry? Google should be allowed to do what it likes. If we, the consumers, aren't happy with them we stop using them and they lose. Once the government interferes things get complicated and expensive for us. I hate how meddling they are.
@razorsyntax The Court system is an aspect of "Government"... and seems increasingly to be an aspect of IT development; if you're lagging behind your competitors, but you've got deep pockets... then fabricate an excuse to take out an injunction.

Rather too many Americans seem to hold the courts in awe, expecting them to resolve any and all problems. The reality is... "justice" in the USA, like political power, is a saleable commodity.
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If this were Microsoft
archangel9999 22nd Sep
@razorsyntax All the Google apologists would be screaming to high heaven to string them up - it's interesting how even a clearly commercial company that obviously only loosely waves the open source flag is afforded rights to violate at their leisure that the same people would not even consider affording other companies
@razorsyntax Google should be able to do what it likes? You really believe that? They already do pretty much whatever they want which is why so many governments are looking into them.
"Don't be evil"

yeah, ri-ight.
LOL.

In a related ZDNet story, "Mimes spy to protest Google"

Consumer Watchdog hires mimes to bring attention to the group's claims that Google abuses the privacy of Internet users.
http://www.zdnet.com/photos/mimes-spy-to-protest-google-photos/6301932
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Temporarily Closed Open Source
douglasjohnston 22nd Sep
Android 2.x is indeed open. You can retrieve it and run make, and let 'er rip.

Android 3.x is temporarily closed. That's not unusual. Companies (and especially bigger ones that could be the target of nice plump lawsuits) have to approach their Open Source projects in a different way than small developers. For example, a proper code audit has to be done, and if there's a single line of code there whose origin and licensing cannot be determined, then it has to be either verified or replaced by new code. Likewise, large companies may be wary of releasing rushed source code without all the proper documentation, security considerations, streamlining, etc., since that would lessen the outside world's opinion of their engineers' and programmmers' technical acumen.

That said, Google said that they are indeed releasing the next version of Android, the merged tablet/handset one called "Ice Cream Sandwich," as Open Source. So this closed-room Honeycomb is a temporarily layover till ICS arrives.

dj
@douglasjohnston Didn't they also they they would be releasing 3.X at some point and that didn't happen yet your more than happy to believe the claim again.
zd net FANBOYS......I expect nothing less but apple leaning crap from you! maybe if our congress addresses the BS patent system and MS stops getting tons of cash out of BS patents from android
@mckees2006 At what point did Apple or MS come into this? Oh I see, your a fandroid that got your ******* in a wad over this article because it didn't shower Google with praise.
What a troll of an article. Ice Cream is due in a few days and Google has promised that Ice Cream's source will be open. Couldn't you have waited to see?
@daengbo Didn't they make the same claim with 3.X?

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