Divorcing the Google: Legal Eagles Experience a Frisson of Anticipation

April 24, 2023

No smart software has been used to create this dinobaby’s blog post.

I have poked around looking for a version or copy of the contract Samsung signed with Google for the firms’ mobile phone tie up. Based on what I have heard at conferences and read on the Internet (of course, I believe everything I read on the Internet, don’t you?), it appears that there are several major deals.

The first is the use of and access to the mindlessly fragmented Android mobile phone software. Samsung can do some innovating, but the Google is into providing “great experiences.” Why would a mobile phone maker like Samsung allow a user to manage contacts and block mobile calls without implementing a modern day hunt for gold near Placer.

The second is the “suggestion” — mind you, the suggestion is nothing more than a gentle nudge — to keep that largely-malware-free Google Play Store front and center.

The third is the default search engine. Buy a Samsung get Google Search.

Now you know why the legal eagles a shivering when they think of litigation to redo the Google – Samsun deal. For those who think the misinformation zipping around about Microsoft Bing displacing Google Search, my thought would be to ask yourself, “Who gains by pumping out this type of disinformation?” One answer is big Chinese mobile phone manufacturers. This is Art of War stuff, and I won’t dwell on this. What about Microsoft? Maybe but I like to think happy thoughts about Microsoft. I say, “No one at Microsoft would engage in disinformation intended to make life difficult for the online advertising king. Another possibility is Silicon Valley type journalists who pick up rumors, amplify them, and then comment that Samsung is kicking the tires of Bing with ChatGPT. Suddenly a “real” news outfit emits the Samsung rumor. Exciting for the legal eagles.

The write up “Samsung Can’t Dump Google for Bing As the Default Search Engine on Its Phones” does a good job of explaining the contours of a Google – Samsung tie up.

Several observations:

First, the alleged Samsung search replacement provides a glimpse of how certain information can move from whispers at conferences to headlines.

Second, I would not bet against lawyers. With enough money, contracts can be nullified, transformed, or left alone. The only option which disappoints attorneys is the one that lets sleeping dogs lie.

Third, the growing upswell of anti-Google sentiment is noticeable. That may be a far larger problem for Googzilla than rumors about Samsung. Perceptions can be quite real, and they translate into impacts. I am tempted to quote William James, but I won’t.

Net net: If Samsung wants to swizzle a deal with an entity other than the Google, the lawyers may vibrate with such frequency that a feather or two may fall off.

Stephen E Arnold, April 24, 2023

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