Share the loot, Google
This action seems to be another 'share the loot' where a company is trying to skim some cream from Google.
Using Motorola's boss as a witness could be risky since all he has to say it never happened. Unlikely Google would that dumb, legally.
This WiFi scanning technique could, depending on the Apps configuration, cost users a lot of paid-for traffic as data is sent back. And when does this scanning occur - continuously or when a particular handset is searching for location data, at the users command, only?
If there are millions of dollars in this type of App, how come they are not paying the freight for this back-haul data? My company employees travel widely in less frequented areas which could likely make data collected through handsets more valuable than data from higher densely populated areas.
Maybe we should sue for our split, too?
The State judges will likely be more Plaintiff friendly given they are often elected by the public and are more sensitive to their constituents needs. On the other hand, federal judges hold their job for life.