Sendo vs. Microsoft: The Truth Comes Out

igotmybfg writes "The Register has a story which includes many details about the phone maker's Texas suit against the software giant. It seems that Microsoft had much more to gain from letting its partner fail than helping it to succeed: in the event of a bankruptcy, Microsoft acquired all of Sendo's intellectual property related to the z100 Stinger SmartPhone, and was then free to do whatever it wanted, which in this case turned out to be going behind Sendo's back and making a deal with Orange SPA." Read our original article about this to get more background information.

Comments

Sendo needs better lawyers...

[HiyaPower]

When you walk into the lion's den, you need more than a g-string on. To have put themselves in a position where M$ could grab Sendo's intellectual property by not giving them anything is stupid.

That said, dealing in bad faith is something that is tortous. I hope Sendo recovers the stars the moon and the sky from these bastards.

Nokia

[CaptainZapp]

This shows pretty nicely why Nokia was right to avoid the boys from Redmond like a mixture between syphillis and herpes.

Seemed to be a smart choice after all..

UK Sunday Press

[Martin S.]

Over the Week-end this was plastered all over the UK's Broadsheets (quality) news papers in the last few day; and not technology sections but in the Business. The damage to Microsoft's reputation for bad-faith with the 'Captains of Industry' from this episode will be profound.

There is also refuge for Sendo in UK bankruptcy laws, where Creditors have an incredible amount of power in the say of the winding up of a company. There are two forms, Administration, a private sector accountant is appointed to take over running of the business. He has absolute authority in to persue the Creditors best interests, even if the only real assets are IP, bad debts and damages. In this fails the next step is Insolvency, Government investigators from the DTI investigate why the business failed, have criminal investigative powers and can sequestrate assets of bad debtors, and prosecute offenders. If Sendo do go bust that is only the start of Microsoft problems.

Patient, like Sauron

[ackthpt]

It seems that Microsoft had much more to gain from letting its partner fail than helping it to succeed: in the event of a bankruptcy, Microsoft acquired all of Sendo's intellectual property related to the z100 Stinger SmartPhone

IIRC Microsoft has a stake in General Magic, which developed video software for handheld devices. It was of note, a few years ago, because General Magic was down to $1 a share when Microsoft took interest. Last I looked General Magic closed September or early October and was winding down completely about December. Guess who will get their IP, as a significant debtor

It's quite simple really.

[Lethyos]

Do not partner with Microsoft. Do not become inolved with a company that has a long, pathetic history of screwing-over anyone and everyone they even remotely deal with.

Learn, people! If you play with fire, you'll get burned! Instead, choose to deal with organizations that are friendly because they understand the concept of doing good work to stay in business (open source vendors for example).

Re:Contract is law

[Zontar The Mindless]

> In the Anglo Saxon legal system, a contract has equal status as the law...

Not quite. Clauses that require breaking the law are themselves illegal and can't be enforced.

Lion's share...

[lynx_user_abroad]

Borrowed from Dr. Larry Fogelberg but originally from Aesop:

The lion approached the wolf and the fox, and suggested that they form a partnership for the purpose of hunting game. The lion explained that each had particular talents that would lend themselves to such a partnership. The fox was wily and could trick the quarry into the open; and the wolf was swift of foot, so that he could direct the quarry to where the lion lay in wait to complete the kill. After some discussion, the wolf and the fox agreed to enter into a partnership with the lion. All went as planned and a deer was killed, but when the wolf and the fox tried to share in the kill, the lion challenged them. They stood by, helplessly, and watched the lion devour the entire carcass. Afterward, they asked the lion why he had only left them a few scraps. The lion replied, "All I took was the lion's share."