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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?"

19 of 261 comments (clear)

  1. Software Patents. by bbqsrc · · Score: 5, Insightful

    Software patents need to be abolished internationally, it's that simple.

    --
    Disagree != mod troll.
    1. Re:Software Patents. by Shikaku · · Score: 4, Insightful

      How do you think Larry page & Sergey Brin would have fared against Altavista and the like had their PageRank system not been patent protected?

      Better because of the need to hire less lawyers and less payouts.

      http://en.wikipedia.org/wiki/Google Count how many times the word court appears.

    2. Re:Software Patents. by hawkinspeter · · Score: 5, Insightful

      I think you're confusing patents and copyright. They'd still own copyright on the code. Other people would then have been able to write their own implementations which may have been better or worse. It's kind of how the free market is supposed to work.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    3. Re:Software Patents. by Luckyo · · Score: 4, Insightful

      Copyroght protects specific software implementation. Patent protects the way you make your idea work. There is no need for software patents, as they grant far more protection to software-based ideas then other ideas.

      There should always be a right to implement the same idea in a different way legally. Normal patents work this way. Software patents, for some insane reason (read - corruption in US government that allowed creation of software patents), do not.

    4. Re:Software Patents. by Thoreauly+Nuts · · Score: 5, Informative

      "Knowledge Sir, should be free to all." ----Harcourt Fenton Mudd

      (in response to an accusation by James T. Kirk that he didn't pay royalties on patents.)

      Star Trek Original Series Season 2 Episode 8 - "I, Mudd" (1967)
      Time of quote in Episode: 13:37

      Can I FINALLY get my nerd card now?

      --
      "Disobedience is the true foundation of liberty. The obedient must be slaves. " ---Henry David Thoreau
  2. More than Windows Phone by leromarinvit · · Score: 5, Funny
    --
    Proud member of the Ferengi Socialist Party.
    1. Re:More than Windows Phone by VortexCortex · · Score: 4, Funny

      Imagine if they just started selling Linux directly...

  3. Re:Don't sign dumb deals by tripleevenfall · · Score: 4, Insightful

    Precisely. HTC probably decided that it was worth $5 per handset to indemnify themselves from litigation.

    Whether the fee is paid to MSFT or gobbled up by patent lawyers seems like a morally neutral thing. It's not like one group is significantly less sleazy or sucks less scum than the other.

  4. not every phone by Anonymous Coward · · Score: 4, Informative

    just the phones sold in the USA, Microsoft patents aren't valid anywhere else (95% of the globe)

  5. Re:Don't sign dumb deals by Registered+Coward+v2 · · Score: 4, Interesting

    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.

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    I'm a consultant - I convert gibberish into cash-flow.
  6. What did Microsoft invent? by Anonymous Coward · · Score: 5, Insightful

    Trouble is HTC are paying Microsoft for inventions Microsoft didn't make. HTC interface is not the crappy Microsoft one, and the underlying OS predates Microsofts entry into the handset market.

    So what exactly is HTC paying Microsoft for?

    Protection money? That's what it comes down to, MS has convinced them that Microsoft can make everyone's life so difficult that HTC can gain an advantage simply by paying the fee.

    But the B&N challenge shows Microsoft has nothing in its patent portfolio but bluster and vague threats covered with NDAs. That's why MS isn't trying to go after Google directly, rather picking off smaller players.

  7. I look at this as a good thing by voss · · Score: 4, Interesting

    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.

     

    1. Re:I look at this as a good thing by airfoobar · · Score: 4, Informative
      An "interesting strategy", huh? The problem is that HTC and others aren't going to let this dig into their own pockets -- we as the consumers have to pay HTC an extra $5-10 per phone so they can give it to Microsoft. And what did Microsoft do to deserve that money? It's because they have a bunch of useful patents such as:

      - Give people easy ways to navigate through information provided by their device apps via a separate control window with tabs;
      - Enable display of a webpage's content before the background image is received, allowing users to interact with the page faster;
      - Allow apps to superimpose download status on top of the downloading content;
      - Permit users to easily select text in a document and adjust that selection; and
      - Provide users the ability to annotate text without changing the underlying document.

      This is the Microsoft tax all over again, in the form of a multi-billion patent troll. Others can't innovate around Microsoft because Microsoft is the anti-competitive assclown it's always been. Regulators and legislators take notice!! Get rid of software patents already.

  8. Sad to see giants fall... by w13rdo · · Score: 4, Insightful

    Microsoft, now relegated to the position of worlds most prestigious patent troll.

  9. Re:So we now we can't even write... by toriver · · Score: 4, Funny

    according to Google Voice my girlfriend is my daughter.

    Try again without that Kansas dialect.

  10. Re:So we now we can't even write... by Alien1024 · · Score: 4, Funny

    Or maybe Google detects you're in Alabama and makes an assumption.

  11. And they wonder why I hate MS by JAlexoi · · Score: 4, Insightful

    And they wonder why I hate MS... These assholes are abusing the faulty US patent system to effectively enable it worldwide. Why are they paying $5 for EVERY phone, even those that are not destined for US market.
    HTC is NOT an American company. The phones are not manufactured in US. I don't live in US. Why does the US patent law apply to me when I buy an HTC Android phone?!?!?!?!?!

  12. Re:Don't sign dumb deals by Shadowmist · · Score: 4, Insightful

    Important thing to remember, HTC phones aren't Android phones. They're "Android plus extras, and some of those extras come from Microsoft.

  13. Re:Open source will always be behind by westlake · · Score: 4, Insightful

    As long as we have software patents. Look at the h264/Theora/WebM fiasco.

    The H.264 licensors include global industrial giants like Mitsubishi. Companies that have been researching video technologies since the 1920s. Companies which manufacture damn near every piece of video hardware sold on the planet.

    Google can deliver a slice of the web and the mobile market --- a generous slice, to be sure, but still only a slice. It has no significant presence elsewhere in video. It can't stop or slow development of a codec like HEVC/H.265 which is going to look very good to Netflix and has the potential for strong sales elsewhere.

    The real reason why open source often lags isn't patents or licensing.

    It is experience, organization, money. manpower. resources, markets and marketing,