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Microsoft Now Collects Royalties From Over Half of All Android Devices

An anonymous reader writes "Microsoft has inked a deal with Compal Electronics, which pumps out gadgets that run Android and Chrome OS, for an undisclosed sum." Microsoft has an explanatory weblog post; with this deal over half of all Android devices are licensing patents from Microsoft. Notably refusing to cooperate and instead opting for the court battle route are Motorola and Barnes and Noble.

31 of 241 comments (clear)

  1. Plan B by Ant+P. · · Score: 2, Interesting

    I guess it's more cost-effective to shakedown directly than using SCO as a proxy.

    1. Re:Plan B by Penguinisto · · Score: 2

      It also helps that this time they're using the much more vague patent angle, and not the more-easily-discredited copyright one.

      When SCO was dumb enough to chase IBM over copyright, they forgot that they had to prove copyright was actually violated (something that's 2x as impossible to do considering the whole BSD/SysV wars)

      With patents, and the habit of chasing smaller companies (or those with no dog in the IT fights) Microsoft doesn't really have to prove much of anything - just whip out a ton of broadly-worded vague-but-registered patents, and even if you win the lawsuit, it'll either leave you dead broke, or your shareholders demanding your head on a platter for getting distracted.

      This is also why you'll never see them go against Google directly - Google will fight back with everything they have; they would have to.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:Plan B by JohnFen · · Score: 3, Interesting

      Which patents does Android violate?

  2. Like the Novell agreement or beneficial to MS? by miffo.swe · · Score: 3, Interesting

    I cant help drawing parallels to the Novell agreement where Microsoft in practice paid Novell hefty sums to keep going in Microsofts direction, focusing on MS technologies and products.

    Would anyone except Nokia keep churning WP7 phones out when it still, one year after release has not gotten more than 0,3% of the market? I strongly suspect Samsung, HTC etc in reality gets paid for using WP7 and dont pay a dime to use Android. Ofcourse on paper they pay Microsoft for licenses, but then they get that money and ten times more back in the form of marketing contributions for WP7.

    Just as with Novell that is.

    --
    HTTP/1.1 400
    1. Re:Like the Novell agreement or beneficial to MS? by RazzleFrog · · Score: 5, Informative

      What are you talking about? Windows 7 is by far the best OS Microsoft has put out and, in my opinion, far easier to use than any other desktop OS (I feel like Apple's OS has stagnated and KDE and GNOME are just poor man's copycats). The swtich from XP to 7 is an easy choice for any company since it is more secure, more stable, and more user-friendly.

    2. Re:Like the Novell agreement or beneficial to MS? by JAlexoi · · Score: 2, Insightful

      What are you talking about? Windows 7 is by far the best OS Microsoft has put out and, in my opinion, far easier to use than any other desktop OS (I feel like Apple's OS has stagnated and KDE and GNOME are just poor man's copycats). The swtich from XP to 7 is an easy choice for any company since it is more secure, more stable, and more user-friendly.

      I will not use my mod points just because I disagree with you. But here's my response:
      Windows 7 has been nothing like usable. Usability seriously dropped compared to XP. I mean there are so many small quirks that are damn annoying and not intuitive. I still am baffled by the overwrite dialogue every time it appears. It's the worst usability offender by far, because it uses two UX elements at the same time. Even if Gnome and KDE are "poor man's copycats"(which they no longer are), they are much more consistent. In short, I am able to operate KDE/Gnome while I'm drunk and can't understand how to do most tasks in Win7.

    3. Re:Like the Novell agreement or beneficial to MS? by Cowmonaut · · Score: 2

      I'll likewise not use my mod points just because I disagree with you. I've been using Windows 7 professionally and personally since its release so maybe it is just me, but I have no idea what you are talking about. Windows 7 is the most newbie friendly Windows OS to date (warning: my evidence being anecdotal). Its not really that much different than XP, and the bits that are are usually changed for good reason (not always, but usually). Its stability is also amazingly better than XP for the most part. Really the only issue I've ever come across is a tendency in a non-domain environment for user profiles to load into a temporary profile, but this seems to be the fault of the anti-virus and is easily fixed. I've seen the occasional Win7 hate on Slashdot but to be honest I'm a bit confused by it. It seems the only complaints are very obscure and a bit of a stretch.

  3. Ars' Article on Royalties by WolfgangPG · · Score: 5, Informative

    Fairly good article explaing the Royalties: http://arstechnica.com/microsoft/news/2011/10/microsoft-collects-license-fees-on-50-of-android-devices-tells-google-to-wake-up.ars

    Quote:"Microsoft didn’t specifically reference that post, but today said “For those who continue to protest that the smartphone patent thicket is too difficult to navigate, it’s past time to wake up.” Microsoft doesn’t just collect money from other companies, it also pays out plenty to protect itself, Microsoft’s legal team notes.

    “Over the past decade we’ve spent roughly $4.5 billion to license in patents from other companies,” Microsoft said. “These have given us the opportunity to build on the innovations of others in a responsible manner that respects their IP rights. Equally important, we've stood by our customers and partners with countless agreements that contain the strongest patent indemnification provisions in our industry. These ensure that if our software infringes someone else's patents, we'll address the problem rather than leave it to others.” /endquote

    1. Re:Ars' Article on Royalties by sgt+scrub · · Score: 2

      It is all compatibility functionality. If phone makers would ditch VFAT and syncing with Office apps they wouldn't have to pay the devil anything.

      --
      Having to work for a living is the root of all evil.
    2. Re:Ars' Article on Royalties by hedwards · · Score: 2

      The problem there is that MS doesn't include support for other FS, they support NTFS, VFAT, ISO9660, UDF and that's about it. If you choose to use any other OS, then you're choosing to prevent a large group of less savvy users from being able to copy files onto it, either because you're going to need a special utility or because you need special drivers. Either way, it's not a particularly workable solution for a mass market device, and MS knows that.

      A better thing would be for the DoJ and the EU to step in and tell MS, that they can't have patents for VFAT or anything else which they're throwing their weight behind to get licensing dollars.

  4. Re:Android the free OS. by Anonymous Coward · · Score: 5, Insightful

    MS may be making money off other peoples' work, but look at what this picture is telling us. Manufacturers would rather pay MS to not use their windows OSes. That's pretty damning!

  5. If I ever get a smart phone by assertation · · Score: 2

    I guess I am going Apple

  6. Re:Bad Choice by Kjella · · Score: 3, Interesting

    Or because they had plenty patents of their own and cross-licensed for peanuts. Or just got a good deal. Many patent trolls will give out the first licenses for next to nothing, then try to shake down the rest claiming the rest of the industry has licensed it. We'll see when it comes to court how real their claims are.

    --
    Live today, because you never know what tomorrow brings
  7. I've always wondered why Google is mostly silent by bogaboga · · Score: 4, Interesting

    with this deal over half of all Android devices are licensing patents from Microsoft.

    Why is Google silent in this matter? Now before you mod me down, I know Google have made some inconsequential comments. These have not helped at all.

    Dicalimer: I am not a lawyer.

    If I were Google, I would file a some lawsuit to 'force' Microsoft to reveal the patents that Android is infringing on, or force Microsoft not to mention the word Android in its licensing propaganda.

    My suspicions of what is really going on:

    1: Microsoft approaches an Android OEM with a 'sweet deal' relating to Android.

    2: Microsoft pays the OEM some cash and a deal is struck that results in the OEM saying no word about the deal, but allows Microsoft to spread FUD.

    On major OEMs like Samsung, the deal could be about future android based products that would envisage incorporating Microsoft technology (which actually exists and is interesting).

    You wonder why the other party says nothing at all about the licensing. But the major thing about all this is the silence of Google.

    What Google could do in addition, is to modify the non GPL portions of Android and add language that specifically prohibits licensees from entering into licensing deals like the ones Microsoft touts if they are going to be party to Microsoft's FUD.

    Here's the worry: It might backfire!

  8. Re:Bad Choice by 91degrees · · Score: 3, Insightful

    Smaller companies may well end up paying more even if they win.

    Corporate lawyers are pretty good at estimating the success of this sort of thing. Microsoft will probably offer to settle at some point, but have to carry this through a certain way because a threat of a lawsuit is worthless if you aren't seen to be willing to carry it out.

    Notice how concepts such as justice and who's actually in the right don't come into this...

  9. The Great America Duopoly by transami · · Score: 4, Interesting

    Does anyone else find it ironic that the broken U.S. patent system, and by extension, the broken U.S. government, along with some good-old boy corporate nepotism, is leading us right back to the old Microsoft/Apple duopoly? No more webOS, no more Meego, RIM is on the ropes and Android looks to be next.

    Who looses? The customer.

    --
    :T:R:A:N:S:
    1. Re:The Great America Duopoly by webheaded · · Score: 3, Interesting

      The thing that bothers me about all this is that Google hasn't stepped into the courts really very much at all yet. These companies are getting screwed using the Google OS and quite frankly, Google should be helping them out in court. I don't understand why they haven't yet.

      Also, I hate to be that guy but why do I see SO many people that don't know how to use loose vs lose? You lose a customer. You loose the hounds upon someone. That bolt is loose. You lose bolts all the time. I am not kidding at all...I see it everywhere. I think I'm starting to see this more than the people that can't use then and than right and I am perplexed.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  10. Re:Android the free OS. by icebraining · · Score: 2

    It is in any country without software patents. Well, some versions of it, at least - Honeycomb is mostly proprietary.

  11. Re:I've always wondered why Google is mostly silen by Anonymous Coward · · Score: 2, Insightful

    Google can't do anything about the FAT patent that everyone has to use for card storage. Consumers expect to be able to pull the SD card from a device and have it usable in something else without having to worry about file system drivers. FAT is the defacto standard for memory cards today.

    The industry fell asleep on this one, when they should have all worked together to create a license and royalty free open spec file system. The blew it and are now paying the price, well, we the consumer is paying the price.

  12. What do you expect by MrKaos · · Score: 2

    Microsoft are winning this game, they always have been. They will pillage the open source market and as many markets as they can and squeeze it for every cent. yes Android is pseudo open source, but it's less closed that the ms offering or apples bastardisation of bsd.

    Freedom isn't as shiny as Apple or Microsoft and it's not as glamorous. Sure if that's what you choose, then go ahead, but as actual day to day user of open source software on my desktop I feel that choice is slowly being taken away from me. How long, I wonder, before I can't run an approved software stack on a motherboard at home?

    I see a slow convergence of Microsoft strategies. I don't ever think they will go away, but I wish they would stop trying to impose their will on my choices. Everywhere you turn there is Microsoft throwing its weight around, cementing its monopoly. They are the MacDonalds of Information Technology.

    --
    My ism, it's full of beliefs.
    1. Re:What do you expect by RazzleFrog · · Score: 3, Interesting

      I know the anti-Microsoft tendencies are strong on this site but Microsoft is definitely not "cementing its monopoly".

      IE market share has dropped from 70% in 2008 to 40% in 2011.

      While Windows Desktop OS market share is still high, a large part of that is still XP and Mac has made a small dent in the total as well.

      Linux continues to make huge inroads on the server OS front.

      Smartphones, Windows OS is barely a blimp. And guess what - that's where the future market is. I know several people who fully expect their next "laptop" to actually be a tablet.

      So believe it or not, Microsoft sees a future where it is struggling to stay alive and needs to reinvent itself.

    2. Re:What do you expect by DinDaddy · · Score: 2

      Smartphones, Windows OS is barely a blimp.

      My favorite typo today.

  13. Re:Android the free OS. by BasilBrush · · Score: 4, Informative

    If companies that use it have to pay for licences it's not free in either sense.

    And it's not about hardware, it's about software. It's about Android.
    http://www.networkworld.com/news/2011/070611-microsoft-android.html

  14. This patent was rejected, right? by bogaboga · · Score: 2

    Folks at Pubat claim the patent was rejected.

    1. Re:This patent was rejected, right? by Gadget_Guy · · Score: 4, Informative

      You are correct that FAT is not covered by patents, but VFAT is. It is the use of the long filename addition to FAT that Microsoft licences.

  15. Re:Android the free OS. by BasilBrush · · Score: 3, Informative

    Microsoft's patents are on the devices, not the Android OS.

    Wrong.
    http://www.networkworld.com/news/2011/070611-microsoft-android.html

    Basil, take it from me, it's always best to wait and think before hitting Submit.

    Funnily enough that would be my advice to you Ratzo. Do you feel stupid now?

  16. Sony Ericsson is “patent safe” accordi by ernstp · · Score: 3, Informative
  17. Re:Android the free OS. by JWW · · Score: 3, Insightful

    I guess if the cellphone manufacturers aren't willing to run Microsoft's mobile OS on their devices, Microsoft will just have to start acting like all the other patent trolls that don't make viable products either.

  18. Re:Innovation! by agentgonzo · · Score: 2

    Whether apple innovate is also questionable. They produce very good gadgets and they polish them very very well, but there's not a huge amount that they've done that is truly innovative. iPod was just a well polished MP3 player of which there were many before them. iPhone was nothing new (all-touchscreen had been done by LG prada before iPhone was released) iPad was a merging of their iPhone and tablet computers (which MS had been trying (and failing) to generate a mass-market in about 10 years previous) macbooks - flashy and well engineered, but not particularly innovative. Siri was a bought-in component that they merged into the latest phone. OK, I'll give you multitouch for them, but the point is that not everything that comes out of Infinite Loop is innovative. Very good and well designed, yes, but don't preach to them as the Gods of Innovation. They do find good innovators in the market and then copy-and-improve them or buy them outright to incorporate into their engineering team.

  19. Re:Android the free OS. by oakgrove · · Score: 2

    Yeah, that's not hard to do when MS gives you your Android protection fee money back as incentive.

    --
    The soylentnews experiment has been a dismal failure.
  20. Re:Misleading Summary, Again by jimallison86 · · Score: 2

    Not having the best day - misread TFA and a typo. This is why I mostly just read Slashdot.