Where Android is open source (except for when the source, ahem, isn't
open, like with 3.0 & 3.1), the Google apps (Gmail, Youtube, Google
Maps, Android Market etc.) aren't. Thanks to a lawsuit, some of the
details of shipping Google apps on your Android device have become
public - and it shows the tight grip that Google has on vendors, not
unlike the control Microsoft has over Windows licensees. For end
users, it probably leads to a better Android experience in the end,
but if your Android phone has Google apps, "Android is open" now
sounds pretty hollow.

This all started when Skyhook sued Google. Skyhook offers a service to
determine mobile device location based on WiFI hotspots and cell
towers. They accuse Google of bullying Motorola (they delayed the
Droid X launch over this) and Samsung (which patched the Galaxy phones
right after launch) into canceling the planned / real adoption of
their service in favor of a Google service. When Google's request to
dismiss the lawsuit was recently denied, a lot of documents were
published. Former Engadget editor Nilay Patel dug in and wrote a great
analysis: 
http://thisismynext.com/2011/05/12/google-android-skyhook-lawsuit-motorola-samsung/

Now I don't know who's wrong or right - I think Skyhook claims have
some merits. However, what's fascinating is what vendors have to do to
ship Google apps. First, they sign an app distribution agreement. Then
their Android devices have to meet Google's compatibility definition
and pass Google's test suite. So far, so good. The kicker: Google
contractually reserves the right to change both the definition and the
tests until a device is certified for launch! So Google can keep a
device off the market just by changing the definition / tests at the
eleventh hour, and there's nothing a vendor can do. Well, they can
change the device and resubmit, but they'll lose both time and money,
and Google can easily change the terms again the next time.

Here's how Motorola put this to Skyhook: Android devices are “approved
essentially at Google’s discretion”. And Google's Dan Morrill,
Google's open source and compatibility program manager, said in an
email last August: "It’s not like it isn't obvious to the OEMs that we
are using compatibility as a club to make them do what we want.” This
is the same Dan Morrill who put out a blog post last year in the Apple
- Flash bruha and said "[Openness] doesn't mean tolerating
competition, it means valuing competition. [...] Steve Jobs, you fail
at open." (http://www.theregister.co.uk/2011/05/09/
google_uses_android_compatability_to_make_phone_makers_do_what_it_wants)
I'm sure Skyhook felt very valued last year.

Now you add to this the Businessweek report that in order to get
access to the private Android versions ahead of their release, vendors
have to get Andy Rubin to approve their planned changes and
partnerships (http://www.businessweek.com/magazine/content/11_15/
b4223041200216.htm). Now of course a vendor can wait for Google to
release the sources and then build an Android phone any way it
pleases. But from the time you got the sources, it easily takes 6+
months to reach the market - you do your changes, apply your patches,
do your tests, make changes for the carrier, submit for carrier
certification and so on. With Google shipping a new release roughly
every six months, a vendor is perpetually one release behind the
competition this way. And these days, you don't even know if Google's
going to release the source at all - look at Honeycomb. Since
companies hate uncertainty in plans a lot, this alone will get most to
sign up with Google for early source access.

Just to be clear: I think Google can do this in general (not breaking
the law, but setting up the contracts and tests and approving changes)
- they spend their money on Android, so they call the shots. What I
find disingenuous is the claim of Android to be open - technically, it
is, but not if you have the Google apps, which the majority of Android
phones have, or if your vendor got early access to the Android
source.

Remember last year's Google I/O? Vic Gundotra said that "if Google
didn't act, it faced a draconian future where one man, one phone, one
carrier were our choice" (http://www.tomsguide.com/us/Google-Android-
Gundotra-Steve-Jobs,news-6875.html) Looks like for Android, the
currently leading smartphone platform, at least the "one man" part has
come true after all - it's Andy Rubin.

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