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Barnes & Noble Names Microsoft's Disputed Android Patents
Julie188 writes "B&N is really blowing the lid off of what Microsoft is doing and how they are forcing money from Android. It has accused Microsoft of requiring overly restricted NDA agreements from those even entering into patent license talks. Because it is disputing Microsoft's claims, and the restrictions of its own NDA signed with Redmond, B&N has gone public. It has named in detail six patents that it says Microsoft is using to get Android device makers to pay up. Plus, B&N is also trying to force open Microsoft's other plans for stomping out Android, including the agreement Redmond made with Nokia, and Nokia's patent-troll MOSAID."
But I suddenly feel scared for Barnes and Noble. They are a relatively small company daring to take a stance against a mammoth. I really, really hope they don't get crushed. :(
1. Loading icon in the content window of a browser
2. Compatibility of file names with current and outmoded operating systems
3. Storing input/output in a shared file system
4. Simulating mouse inputs on a device without a mouse
5. A browser that recognizes background images and displays them after the text is loaded
6. Using handles to change the size of selected text
B&N REFUSED to sign any Microsoft Gagging Agreement apart from one very limited document. That is clearly documented in the filings made by B&N.
B&N are also irate about the terms MS wanted to impose on them for seemingly ancient and trivial violations.
So MS got a patent on using the kb to simulate a mouse/trackpad. There is so much prior art that will shoot that down that i want to get up an applaud B&N for exposing the MS RICO scam. I can't support them by buying a Nook as they don't ship it to my country.
I'd also like to be at a few shareholder meetings of the companies that have signed up for the MS Scam. I'd expect their BOD to get a really hard time explaining why they let MS literally screw the comany and shareholders.
That list is so freaking absurd that it just boggles the mind that Samsung, HTC, et al are actually paying hundreds of millions over it. My God, what have we become?
Here's a good conspiracy theory: Are they really paying money, or did MS say "Hey, if you "pay" this licensing fee for Android, we'll return it to you as credits on Windows Mobile licensing fees".
So Microsoft gets to spread FUD and tell everyone "Hey, these other guys paid up, so should you", while the companies may not be paying anything.
Since MS tried to require an NDA and confidentiality just to disclose the patents (which are already in the public domain), I wouldn't be surprised to find that they had some backroom deal to reward companies for paying for Anrdroid.
Patents have become a way for a group of big players to completely lock out the small players. Because software moves so fast (and these are all exclusively software patents from MSFT) the 20 year patent duration is excessive. Basically the libraries of patents that these companies hold are so large that they really don't know what they have or what they might be infringing upon from another company. So they simplify it by just having a blanket cross-licensing deal with all their friends. Ie, "you're probably infringing on us, and we're probably infringing on you, so let's shake hands and call it even and go after those small upstarts instead." A century ago this sort of thing would have been called a trust and invited strong government scrutiny.
That might explain why phone manufactures like Samsung and HTC (who make both Android and Windows phones) are willing to take the deal but B&N is not.
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Judicious coders are now looking for prior art, and they'll probably find it. But each patent fought will be a battle by itself, cost a lot of money, and more cross-complaints will be filed. This is only the beginning, not the beginning of the end.
This is the knock-down argument for why what Microsoft is doing is illegitimate. If it doesn't matter whether the patents are valid because they have a thousand other patents in their back pocket then you're not paying for a patent license, you're paying protection money against ruinous litigation. You either have to pay up or you have to play Russian roulette with a machine gun where every dud costs you a million bucks in legal fees.
That's the problem with mutually assured destruction. It only works when the entities are the same size. Otherwise it's a war of attrition, so the big guy only needs to force an equal dollar amount of each party's cash into a big pile (called "retainer fees") and then set it all on fire and wait for the little guy to either capitulate or go into bankruptcy. And compared to Microsoft, B&N is the little guy.