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HTC Is Paying Microsoft $5 For Every Android Phone
jcarr writes "According to Citi analyst Walter Pritchard, HTC is paying Microsoft $5 for each Android phone it makes. This may be related to a report from last year: MS and HTC sign patent deal. So now we can't even write a free OS?"
Assuming this is correct, it's because HTC chose to sign the deal. That sounds to me as a spectator like a dumb business decision, but it was HTC's to make. I understand some companies paid $699 for a Linux license not long ago - does that mean we can't write a free desktop OS?
Several points:
With current patent law, free has nothing to do with weather or not you infringe on a software patent. Until the law is changed, a free OS could still be open to an infringement claim.
It may not be a bad deal for HTC - it removes the threat of litigation which may make their phones more popular amongst carrier since they don't have to worry about being caught in a lawsuit, and if MS agreed to defend claims, based on MS' patents, against HTC arising from possible infringement it further protects HTC.
No one knows if HTC cross licensed patents - it's possible HTC is also getting money from MS for HTC patens so the deal has a revenue impact but in reality no cost.
I'm a consultant - I convert gibberish into cash-flow.
It's a protection racket, plain and simple. "Pay us or we'll break your legs and burn down your store"...well in this case it's "we will sue you into bankruptcy." Of course since lawyers are involved it's legal.
So their choices were basically:
1 - Stand up to their principles and spend millions in court fighting someone that could buy them outright. And risking injunctions that would prevent them from selling.
2 - Agree to a pretty minor 'tax', that they can pass along to the consumer and be done with it. Most consumers wont even know its there and wont care even if they did.
So, its a bad choice for them again why?
---- Booth was a patriot ----
The Android version of Linux is so popular that Phone manufacturers prefer to pay microsoft to not have to use windows phone.
Microsoft does have an interesting strategy btw: Microsoft does not seem to want to kill linux anymore because they can make
easier money just with licensing fees from companies with deep pockets.
It also says something that the phone makers would rather pay the $5-10 per phone than use windows phone 7.
Don't worry, a few years after Ballmer is gone Microsoft will be purchased by Cisco or Oracle. TFA is about typical actions often taken by companies that have nothing more to sell, or no longer have any creative spark.
Years ago Bill Gates said he wished Microsoft could have a near-death experience like Apple did because of its rejuvenating qualities. Well, It's going to get one but, unlike Apple, it won't pull out of the dive.
Until the law is changed, a free OS could still be open to an infringement claim.
Even changes in the law wont stop *claims* and the hope the little guys just folds due to the cost of defending oneself.
Just having some sort of reimbursement for winning if you are sued would go a long way to help out the little guys and stop a lot of the nonsense.
---- Booth was a patriot ----
The problem is that there is an IP bubble right now : some companies are valued several millions only because they own software patents. If you remove that value all of a sudden, you burst the bubble. No one will have the courage to do that.
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