And they still manage to put their childish foot in their mouth.  Google has replied to Microsoft’s post showing that they asked Google to join with them in acquiring the pattens.  Their response?

UPDATE August 4, 2011 – 12:25pm PT

It’s not surprising that Microsoft would want to divert attention by pushing a false “gotcha!” while failing to address the substance of the issues we raised. If you think about it, it’s obvious why we turned down Microsoft’s offer. Microsoft’s objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners. Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. We didn’t fall for it.

Ultimately, the U.S. Department of Justice intervened, forcing Microsoft to sell the patents it bought and demanding that the winning group (Microsoft, Oracle, Apple, EMC) give a license to the open-source community, changes the DoJ said were “necessary to protect competition and innovation in the open source software community.” This only reaffirms our point: Our competitors are waging a patent war on Android and working together to keep us from getting patents that would help balance the scales.

Let’s break this down shall we?

The entire first paragraph is that of said caught child in a lie trying to argue its way out of it.  “it’s obvious why we turned down Microsoft’s offer.”  Yes indeed.  You are claiming that you want the patens for the same reason Microsoft, Apple, and the rest of them need it.  To protect from outside patent infringement cases.  It would seem it’s ok for them to have won the patents, but not anyone else.  If someone else got them and not Google it’s anti-competitive.  If they teamed up with Microsoft and Apple and got them, then they would have to share all the features.  I get wanting to have it all for yourself so you could sue others, but let’s call being greedy, being greedy.  Yes you couldn’t use those patens against Microsoft or apple, but then you wouldn’t have to cause you would already have a larger portfolio yourself covering a lot of those features you’re already using.

Second paragraph is almost as cute.  Many a 4-year-old after not getting their way will try to find some validation in their loss.  According to them the fact the DOJ made the companies make it open source only confirms that Microsoft and Apple are being anti-competitive.  Are you saying Google, that had you one the DOJ wouldn’t have done the same thing?  Are the patents any less important if you had received them?  Would the DOJ just accepted that these patents, patents they determined should have been available to the open community, should remain in a conglomerate of 1 company.  Or even within a select few of the conglomerate, even if Google had been part of them?

The answer is most likely no, of course.  This is just another example of Google acting childish.  We’re number 1, they cry.  And yet with the same voice they complain that Microsoft and Apple are being mean to them?  Seriously guys.  Grow up.

I’m sure this isn’t the last we’ve heard of this.   Apple has so far stayed out of the argument.  They’re used to this being the middle child.  They’ve become accustom to holding the #2 spot.  First behind Microsoft all those years, and now being Google.  They know the game.  Microsoft is a bit in new waters as they are now the underdogs, with another company being number 1 complaining about them.

All I can picture is three kids sitting in the back seat arguing. Time for a little time-out.