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LG To Pay Licensing Fees To Microsoft For Using Android

PerlJedi writes "InformationWeek reports that LG is the latest in a string of companies who have been bullied into paying 'license fees' to Microsoft for the use of Android on their products. 'Microsoft said the deal with LG means that 70% of Android-based smartphones sold in the U.S. are now covered by its licensing program. ... Microsoft does not disclose how much revenue it's obtaining from Android, Chrome, and Linux licenses, but some analysts believe it may be substantial, to the point where the company is making significant profits from the mobile revolution even though its own offering, Windows Phone, commands a market share of less than 2%, according to Gartner.'"

359 comments

  1. I'm honestly confused... by iapetus · · Score: 5, Insightful

    In what way is this different to any other form of extorting money with menaces?

    "Nice mobile phone business you've got here. Would be a shame if anything were to... happen to it."

    --
    ++ Say to Elrond "Hello.".
    Elrond says "No.". Elrond gives you some lunch.
    1. Re:I'm honestly confused... by shentino · · Score: 3, Interesting

      The fact that the regulators are on the take with bribes perhaps?

      Remember that lobbying has an ROI of %22,000

    2. Re:I'm honestly confused... by gbjbaanb · · Score: 1

      the difference is that lawyers do the extorting.

    3. Re:I'm honestly confused... by zero.kalvin · · Score: 5, Insightful

      Is it me or Microsoft is behaving like some sort of a successful patent troll ?

    4. Re:I'm honestly confused... by RobertLTux · · Score: 3, Insightful

      the bribes came in when "somebody" bribed the patent office to allow the actually invalid patents to be issued

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    5. Re:I'm honestly confused... by Dexter+Herbivore · · Score: 3, Interesting

      I'm confused also, I thought Android was a Google product but apparently MS owns the patent?

    6. Re:I'm honestly confused... by Anonymous Coward · · Score: 1

      Owning the Patent and Inventing/Developing the technology are two entirely different things.
       
        Just ask Apple.

    7. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      "Nice mobile phone business you've got here using patents you didn't license. Would be a shame if anything were to... happen to it."

      FTFY. It's no different that going after a GPL violator. Not that you should let that get in the way of your karma whoring.

    8. Re:I'm honestly confused... by Anonymous Coward · · Score: 4, Insightful

      It's extortion because if you asked them exactly what Patents you are licensing they will refuse to tell you, unless you pay first, and sign an NDA.

      So it's basically,
      "Buy this box"
      "Can I see what's in the box?"
      "No"
      "How about pick it up and shake it a bit?"
      "No"
      "Well, I don't want to buy it then"
      "Ok, see you in court"
      "Hang on a minute, maybe I will buy it then"
      "OK, but before you do, please sign this NDA, we don't want you telling any other mug, sorry future customers, what's in the box"
      "That doesn't sound very fair"
      "Ok, see you in court then"

    9. Re:I'm honestly confused... by Dexter+Herbivore · · Score: 3, Interesting

      OK, I should RTFA article before commenting. MS is claiming that "certain components of Android and Chrome OS violate its patents" and therefore they have the right to charge license fees. Now I'm confused as to why Google hasn't taken MS to court to settle this one way or another.

    10. Re:I'm honestly confused... by SharkLaser · · Score: 3, Funny

      the bribes came in when "somebody" bribed the patent office to allow the actually invalid patents to be issued

      [Citation needed] Microsoft has a huge R&D division, larger than any other company in the industry has. Their patents are invalid, they're good patents given after lots of research. Microsoft spends billions a year to do it, so it's only fair that other companies pay up if they want to profit from the results of Microsoft's R&D.

    11. Re:I'm honestly confused... by zero.kalvin · · Score: 2

      I am not saying they don't do R&D. But it seem to me that they are spending more and more time "extorting" money from others.

    12. Re:I'm honestly confused... by paiute · · Score: 5, Insightful

      Microsoft isn't patent troll. They do actual research and spend billions a year on Microsoft Research. No one else in the industry has such an good R&D department. Patent trolls don't do research, they just bully companies. Microsoft is within all their rights to ask for payments on their patents, because they actually do lots of research.

      Microsoft must have the most inefficient R&D process in history if they are such a good department doing such a lot of work yet none of it seems to make much of a difference in the end products.

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    13. Re:I'm honestly confused... by Kenja · · Score: 0

      Microsoft has the patents on a lot of the technology in the phones. This is because they spent a lot of money doing research and development. Say what you will about the company as a whole, but Microsoft Labs does some nifty stuff.

      Every time this has gone to court, the judge has ruled in favor of Microsoft on the merits of the patents. Makes sense for LG to just pay a licensing fee and be done with it. Its not like Microsoft is trying to chase competitors out of the market.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    14. Re:I'm honestly confused... by RightSaidFred99 · · Score: 5, Insightful

      Yeah, I'm sure Microsoft totally bribed the patent office because it's not like the patent office will just rubber stamp _anything_ anyway.

      Your dweeby neckbeard fantasies are amusing to me.

    15. Re:I'm honestly confused... by jdgeorge · · Score: 5, Insightful

      I imagine there are several possiblities including the following:

      1. Microsoft really has some defensible patents that are essential for these device manufacturers. Could be hardware-related or software-related. It's hard to tell, but so far the agreements have all been with hardware companies, haven't they?
      2. Microsoft is offering reasonable licensing terms to the device makers, so the licensing agreement costs significantly less than the cost of litigating.
      3. Microsoft may be using these negotiations to advance their Windows Phone OS goals, along with #2.
      4. The manufacturers entering these agreements don't already have agreements with Microsoft, but actually want to do business with Microsoft in the mobile device or other areas (personal computers, TVs, etc.)
      5. These manufacturers don't have the patent resources to play hardball.
      6. Some combination of the above.

    16. Re:I'm honestly confused... by MickyTheIdiot · · Score: 2

      Ask what the "certain components" are or wat patents are violated and you get no answer.

      And I personally don't considering "patent every little idea that has been in OSes forever" good R&D, though it may be proftiable since you apparently can extort money from others because of it.

      Yeah.. thanks to the Obama admin. patents have been "fixed." Instead they just approve them faster than ever. This type of idiocy is just going to accelerate.

      I.P. law was not intended to become a weapon, it was intended for the fair sharing of NEW ideas. It's become just another corporate law paradise with everyone else left out in the cold as usual.

    17. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      I believe you left your tin foil hat cranked up to 11. Please turn it down before continuing to post.

    18. Re:I'm honestly confused... by justforgetme · · Score: 1

      Well they managed to Legally obtain Legally valid Patents for those Legally patented technologies.
      Wouldn't it be a shame if they just left them in the drawer?

      --
      -- no sig today
    19. Re:I'm honestly confused... by Missing.Matter · · Score: 4, Informative

      unless you pay first, and sign an NDA.

      That's not true at all. The NDA is required, but not paying up front.

    20. Re:I'm honestly confused... by Anonymous Coward · · Score: 1

      Microsoft has the patents on a lot of the technology in the phones. This is because they spent a lot of money doing research and development.

      So the others did not?

      IP laws should enforce the patent owners to do something with them in a fair amount of time, otherwise the patents should go to public domain.

    21. Re:I'm honestly confused... by laurelraven · · Score: 5, Insightful

      Microsoft has a huge R&D division, larger than any other company in the industry has. Their patents are invalid, they're good patents given after lots of research. Microsoft spends billions a year to do it, so it's only fair that other companies pay up if they want to profit from the results of Microsoft's R&D.

      The real question here is, how is Android profiting from Microsoft's R&D? Maybe it would help if Microsoft ever actually said which patents were being violated, and how. Have they?

      --
      RTFA is Known to the State of California to cause cancer.
    22. Re:I'm honestly confused... by zero.kalvin · · Score: 4, Insightful

      Because ( and I could be mistaken) Microsoft haven't approached Google with this, so there is no legal standing for Google to go after MS. So as long as MS is approaching the phone sellers, Google has it hands tied. ps, I am not a lawyer but this is my understanding of the situation.

    23. Re:I'm honestly confused... by Missing.Matter · · Score: 3, Funny

      So all of Microsoft's products just appear out of thin air?

    24. Re:I'm honestly confused... by zero.kalvin · · Score: 5, Insightful

      I would agree with you if we knew what those patents are. But it seem to me with the whole NDA thing these patents are probably worthless.

    25. Re:I'm honestly confused... by Anonymous Coward · · Score: 5, Informative

      You mean these patents? That is really "years of R&D". Stop trolling, most of that stuff has prior art and/or is obvious. It will not hold water if challenged in court. Why do you think MS was so keen to keep everyone who saw the stuff under strict NDAs?

    26. Re:I'm honestly confused... by SadButTrue · · Score: 3, Interesting

      When has this ever gone to court? The most advanced case is Microsoft vs B&N as far as I know. And the case there is looking very weak. Even if the few claims from the few patents left in the case are found to be both valid and infringed they are so narrow at this point that they are easily worked around.

      The problem MS has with their software patents is that they were VERY late to the OS game.

      --
      grape - the GNU free, open source rape
    27. Re:I'm honestly confused... by jellomizer · · Score: 1

      The key difference is that the opposing side Google and not willing to admit that it isn't stepping on any of Microsoft Patents. And a lot of companies would rather pay Microsoft License fees, which probably offer protection beyond just Android/Linux patients but probably a more general patent protection with mobile devices, some of which LG my be doing themselves.

      The problem is too many patents, so it has gotten too confusing and expensive to figure out, so it is cheaper and easier to pay the big patent holders a general licence fee then fight out which one they are are not using.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    28. Re:I'm honestly confused... by justforgetme · · Score: 1

      How do you go after a GPL violator? Not to say that I'm against it but If you are that little guy in the shed typing out a brilliant FOSS project and some big software company finds out and develops a, closed source, commercial app from it; you still are the guy who hasn't enough money. How are you going to go after them? Ok, usually that is not the case, usually your project will reach some success and mass before attracting code robbers but still I'm not sure going after a GPL violator applies always.

      --
      -- no sig today
    29. Re:I'm honestly confused... by PCM2 · · Score: 4, Insightful

      2. Microsoft is offering reasonable licensing terms to the device makers, so the licensing agreement costs significantly less than the cost of litigating.

      I think it's pretty clearly this. That is, licensing Microsoft's patents is not cheaper than how the handset manufacturers were doing business before, but now that the legal challenge is on the table, they've run the numbers and it will be cheaper to license the patents.

      But I do think Microsoft is taking advantage of the current mobile market, in which all of the various Android handset makers are in close competition with one another. HTC, Samsung, Motorola, etc., all need to invest their full attention and resources on the competition at hand, not open a second front in the courts (where they only stand to save money, not earn profit). If any one of those vendors were to invest significant time and funds on a protracted legal battle against Microsoft, it stands to lose its position in the market versus its competitors, who would then eat its lunch. That's what's really making it cheaper to license the patents -- avoiding a lawsuit is always going to be cheaper than risking your entire business.

      --
      Breakfast served all day!
    30. Re:I'm honestly confused... by allcar · · Score: 3, Informative

      But they do still use blackmail tactics. They will not reveal what patents are concerned. They will not even tell companies that they are threatening to sue until they have signed an NDA. That is not the behaviour of an host, moral company simply seeking fair payment for their R&D. It is extortion.

    31. Re:I'm honestly confused... by Pieroxy · · Score: 5, Interesting

      ...it's only fair that other companies pay up if they want to profit from the results of Microsoft's R&D.

      You see, the problem with patents is that even if you didn't benefit from Microsoft R&D, you have to pay up. How is that fair?

    32. Re:I'm honestly confused... by SharkLaser · · Score: 2

      They do, but you need to sign NDA. It's common business practice - Google requires it too.

    33. Re:I'm honestly confused... by interval1066 · · Score: 2

      Yes. After Bell Labs, MIT, the US Navy, CERN, Stanford University, and Xerox PARC did all the hard work, and probably didn't patent 90% of thier research, yeah, Microsoft products appear out of thin air.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    34. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Don't forget that Microsoft is offering to license the patents for a good rate.

      Apple sues to get competitors out of the market, and that is how Apple appears to style its patent portfolio. Their patents are not for licensing, but ensuring they are the only players in a market. There is no licensing option with them (look how they jealously guard their MagSafe connector patent.) Apple plays for keeps.

      Microsoft just wants their cut but otherwise doesn't give a rat's behonkus what goes on.

    35. Re:I'm honestly confused... by poetmatt · · Score: 1

      nothing. the regulators are already investigating, and microsoft's making their own case much, much worse.

    36. Re:I'm honestly confused... by Baloroth · · Score: 1

      Look at it this way: patents expire after 20 years, so the faster they get approved the faster they will expire. Otherwise, you can have patents first requested 20 years ago that get granted and then allow the company to sue the pants off someone who used it 5 years ago, and it is still valid for another 20. Now, they would get approved 19 years ago and someone would be able to use it next year. If they patent everything now, 20 years from now there won't be any patents left.

      Hey, I didn't say it was much better this way.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    37. Re:I'm honestly confused... by ddd0004 · · Score: 1

      The difference is in the number of lawyers involved.

    38. Re:I'm honestly confused... by kthreadd · · Score: 1

      If you're that guy then sorry you don't. Life isn't fair. Get over it.

    39. Re:I'm honestly confused... by Nadaka · · Score: 2

      Well, Kinect is pretty damn amazing. Though the rest of their crap is average at best, and software patents in general are illegal. Yes I know that laws have been made that make software patents legal, those laws violate the concepts and purpose behind patents and are themselves illegal. Software is math and math can not be patented.

      Besides that: most if not all of the patents in question are invalid: http://androidcommunity.com/barnes-noble-reveals-microsofts-android-patents-in-detail-20111114/

    40. Re:I'm honestly confused... by Missing.Matter · · Score: 0, Troll

      Maybe it would help if Microsoft ever actually said which patents were being violated, and how. Have they?

      They've been disclosed to any relevant parties. You think all the companies signing deals with MS have no clue what the patents are? No, they signed an NDA, saw the patents, and every one of them has decided to license the technologies rather than fight in court. MS certainly doesn't have to disclose them to the public just to appease some forum trolls.

    41. Re:I'm honestly confused... by tonywong · · Score: 4, Insightful

      These are agreements between multi-billion dollar corporations. I don't understand why individuals should care how the specifics of licensing deals should be exposed between companies like Microsoft, LG, or Google. Each of them have their own lawyers, engineers and negotiators to look out for their own interests, if you haven't noticed.

      If you don't like the patent system, reform it by lobbying your government. The megacorporations are just playing by those rules and really don't give a hoot about what the average consumer thinks.

    42. Re:I'm honestly confused... by poetmatt · · Score: 2, Informative

      Hahahahaha. oh look, it's that guy who posts BS. Let's debunk you again. I will call you out every fucking time you do this.

      First off, we know you're a shill. Second off, microsoft owns zero of the technology they have patented, nor have they even developed it. A patent does not correlate to either a: having researched the technology or b: having developed it. The real good stuff they do isn't patented at all, and they keep it private and confidential for a reason. It's not like they dont' do research, it's just that it isn't tied to the patents.

      It only correlates to c: the USPTO provided them monopoly privilege over alleged technology which probably has already been implemented and patented elsewhere (even by microsoft themselves).

      Oh and it does correlate to d: they're using the patent exortion to further their R&D, thus making the DOJ ever closer to being ready to throw even more antitrust claims at Microsoft.

    43. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Its not like Microsoft is trying to chase competitors out of the market.

      I LOLed

    44. Re:I'm honestly confused... by muon-catalyzed · · Score: 1

      For the sake of humanity we need a free OS to build upon. For example, you develop a low-cost solution utilizing Raspberry Pi running Linux, now you would have to pay MS for protection? Fuck that!

    45. Re:I'm honestly confused... by olau · · Score: 1

      Yeah, Microsoft Research is not R&D in the product development sense, it's research, like the thing your local university is doing. There's lots of good research coming out of Microsoft Research, but the question is whether any of it has anything to do with these patents. It would probably be jumping to conclusions to assume it has.

    46. Re:I'm honestly confused... by hedwards · · Score: 5, Interesting

      It's completely illegal and really ought to be the focus of an antitrust probe. You can't send a letter demanding payment for allegedly infringing upon a patent and be required to sign an NDA to see the patent. That's not a legitimate move and quite frankly, the MS execs that thought of that ought to be dragged out into the street and beaten severely with chairs.

      Patents are public information for a reason, one should be able to look them up to figure out if one is or isn't violating one.

    47. Re:I'm honestly confused... by hedwards · · Score: 5, Informative

      Not true. Barnes and Noble saw the patents decided not to pay and as a result the patents are now known to be completely ridiculous.

      You can't sign an NDA in a situation like this and expect for it to hold up in court if the party decides they want to fight it. For one thing those patents become a part of the law suit and for another no court is ever going to go for the notion that one doesn't have the right to see the patents before opting to settled, consequently there is no legal basis for MS' NDA.

    48. Re:I'm honestly confused... by snowgirl · · Score: 1

      Because ( and I could be mistaken) Microsoft haven't approached Google with this, so there is no legal standing for Google to go after MS. So as long as MS is approaching the phone sellers, Google has it hands tied.

      This is pretty much correct. Google has no standing to sue for damages incurred to third-parties. If Microsoft wants to bully them into "licensing" a patent that they are not actually infringing upon, then it's up to that 3rd party to sue Microsoft to assert that their product does not infringe upon Microsoft patents.

      What would be required is Microsoft to sue Google in an attempt to collect license fees.

      --
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    49. Re:I'm honestly confused... by RobertLTux · · Score: 1

      actually when i said "somebody" i was not specifying who exactly did the bribing (in this case MS did not have to it was already done) and the subject of invalid patents is a long running subject @ Groklaw.

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    50. Re:I'm honestly confused... by elashish14 · · Score: 5, Insightful

      It's ridiculous - there's far too much potential for abuse and is an obvious case of racketeering seeing as we already know that the patents are bogus. While it should be illegal for any patent licensing agreement to be covered by a NDA, I guess you couldn't expect such sensibility from any country that would allow software patents in the first place though.

      Another victory for bribing politicians! And another step by America towards becoming an irrelevant country with an artificial, inflated Imaginary Property Economy.

      --
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    51. Re:I'm honestly confused... by miltonw · · Score: 4, Insightful

      Microsoft owns the patents based on years of R&D and they legally ask for companies to pay to use their patented technology.

      Well, therein lies the problem. It isn't proven that Android actually uses their patented technology - Microsoft won't even disclose which patents they claim are being infringed. Without that proof, what Microsoft is actually demanding is money for nothing. And that is "legal" how? It's extortion, plain and simple.

      Without Microsoft disclosing which patents, proving that those patents are valid AND those patents are being used by Android, the whole thing is simply a con. "It's cheaper for you to just give us money than for you to go to court and force us to prove anything."

      If Microsoft were legal and honest, they would disclose the patents. They refuse. That says it all.

    52. Re:I'm honestly confused... by Missing.Matter · · Score: 1

      Tell you what, even, IF Microsoft "stole" research from every single one of those organizations, how exactly did they put it together? You think all the work from 6 disparate labs just fits together like a puzzle? And without doing a shred R&D work, Microsoft managed to become the biggest software company in the world? And despite publishing thousands of papers in peer reviewed journals, absolutely none of this research is coming back into the company?

      Sounds to me like you're suffering from an acute case of cognitive dissonance. "I hate microsoft products. But microsoft does tons of original, publishable research that that computer science community at large finds valuable. Therefore that research couldn't possibly be used in the products I hate!"

      I'm big on the Linux. Like it a lot. Yes, another linux nut.

      Yes... another Linux nut indeed.

    53. Re:I'm honestly confused... by phantomfive · · Score: 3, Interesting

      [Citation needed] Microsoft has a huge R&D division, larger than any other company in the industry has.

      Remember that on balance sheets, programmers can be counted as R&D. The D stands for Development, so it's not like Micosoft is spending $9billion annually on research.

      --
      "First they came for the slanderers and i said nothing."
    54. Re:I'm honestly confused... by Anonymous Coward · · Score: 3, Informative

      I thought it was pretty much an "open secret" that its the FAT long filename stuff?

    55. Re:I'm honestly confused... by jellomizer · · Score: 1

      Well large businesses have interesting interactions with each other. They are both Competitors and strategic partners to each other.

      Microsoft isn't suing Google directly but the people who use Android. Because if they sued Google, And if Microsoft won, Google will probably pull their Android OS off the market, Then Microsoft will need to go alone against Apple. If Microsoft loss against Google then they will probably going to need to back pay people who paid the licence fees, as well Google can counter sue because then it would show that Microsoft is using Google Patents.

      Now if Google Sued Microsoft then they risk loosing and dumping their product line. If they won, then they will need to do more nitpicking on whose patent is whose.

      However if Microsoft puts pressure on LG, LG will determine if it comes down to a fight between Google and Microsoft they won't be in the middle of it.

      Most companies like consistency, they will pay more to keep things consistent and prevent external change as much as possible. When external events either don't effect them then they are happy. If they do effect them then they will need reorganize again to adjust for that change. Corporate dislike of change is why they oppose New Regulations and Taxes from the government, not so much as their public statement that they cannot afford it or it will cost jobs, but because they need to change and if you get more government control they will need to change over and over whenever the public doesn't like something that someone else is doing.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    56. Re:I'm honestly confused... by Dyinobal · · Score: 2

      ya but then who would feed all those lawyers who would be out of business? Think of the lawyers man!

    57. Re:I'm honestly confused... by SharkLaser · · Score: 1

      What does it matter? You don't need to pay anything before you see the patents. You just sign the NDA so you don't go around publicly talking about the specifics. After signing it you get to know all the patents and details and can examine if you're actually violating them, and if you pay or fight in court.

    58. Re:I'm honestly confused... by archen · · Score: 1

      R&D has little to do with an end product. Someone higher up has to decide that an idea is viable, and then come up with a good way to implement it. Look at the "revolutionary" products Apple has made: the iphone, ipod, and ipad. Some smaller things like the scroll wheel do add something new, but 95% of their functionality was done before in other products first. It takes more than some patentable idea to make a good viable product. Hell how does anyone explain how many years MS had to make a decent phone and the best they could do was Windows Mobile up to 6.5?

      I think this is more to the credit of Microsoft actually. Despite having no clue how to make products out of anything, they still dump a lot of money into R&D.

    59. Re:I'm honestly confused... by silverglade00 · · Score: 4, Insightful

      After Bell Labs, MIT, the US Navy, CERN, Stanford University, and Xerox PARC did all the hard work,

      Sounds like tax dollars paid for most of that, so we should get most of it for free.

    60. Re:I'm honestly confused... by Penguinisto · · Score: 5, Insightful

      Agreeing to a licensing fee doesn't mean that that patents are necessarily valid. It could equally mean that the victim company's risk analysts said that the cost of "licensing" was less than the cost of fighting it in court.

      It isn't a question of satisfying "some forum trolls", but rather a public demand to know what these patents are, so that folks like, say, Google, can engineer ways to stop "violating" these "patents".

      That Microsoft wants to keep it a big secret says that they are more interested in making money (and spreading FUD) than in not seeing their alleged intellectual property violated. IMO, it is a gross perversion of the system.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    61. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Yeah. Manufacturers usually deal with patent trolls like this. Why drag it out in court? Just pay poor microsoft and go on earning handsomely with android. It's a pitty MS wont be able to keep up this trollling once antitrust kicks in.

    62. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Yes and no. Google could, in theory, barrow a page from the Novell/SCO playbook and sue MS for "Slander of Title."

      I think the bar may be slightly higher then in just defending a normal patent suit though.

      IANAL

      CAPTCHA: chrome

    63. Re:I'm honestly confused... by Missing.Matter · · Score: 3, Insightful

      While it should be illegal for any patent licensing agreement to be covered by a NDA

      Why do patent licence deals have to be public knowledge? I might not want my competitors to know what technology I'm using in my product.

      seeing as we already know that the patents are bogus

      No you don't. All you know know is what are in the B&N case. They may not be all patents. But in the end even those are in fact patents legally granted to MS, and no matter how "bogus" you consider them you can't just violate them outright and not expect to be sued.

    64. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      I hate to say it but they did develop the FAT filesystem and i believe this is what the royalties are for.

    65. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Is it me or Microsoft is behaving like some sort of a successful patent troll ?

      Microsoft is out of ideas; they are creatively bankrupt and, like other companies that come to that place, they turn to coercion to keep cash flow up, not realizing that's a end game in itself.

      Their corporate culture has ossified and is smothering creativity. All they offer are more bells and whistles that really aren't needed on their products, so they fall back on "licensing" their "patents" without telling anyone what they are buying for their money. That is indeed the action of a patent troll.

    66. Re:I'm honestly confused... by s73v3r · · Score: 1

      So then you also have absolutely no problem when people sue Microsoft for patent infringement, or when Apple sues Android makers for patent infringement, right? Or when the Android makers sue Apple for patent infringement?

    67. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      These are agreements between multi-billion dollar corporations. I don't understand why individuals should care how the specifics of licensing deals should be exposed between companies like Microsoft, LG, or Google. Each of them have their own lawyers, engineers and negotiators to look out for their own interests, if you haven't noticed.

      What happens to the big guys can happen much more swiftly and dramatically to the small. Many of those here run small businesses in the same sectors as these "multi-billion dollar corporations" and understandably get nervous when their bigger cousins buckle to such pressure.

      Even consumers should care. If more did then your point that follows might have a hint of validity. A small handful of people paying attention will have no effect on our politicians. But, to use the present example, if every LG user was paying attention and realized that in addition to the implied threat such corporate pressure represents these additional licensing fees WILL be passed down to every consumer directly then there might be sufficient outrage to get something done in D.C. (*chuckle* yeah, right).

      The interests of the large corporations are the public's interests. We should all care. Welcome to capitalism.

      If you don't like the patent system, reform it by lobbying your government. The megacorporations are just playing by those rules and really don't give a hoot about what the average consumer thinks.

      Yes! Why didn't I think of that?? I'll quit my job and go lobby Washington for patent reform all by myself! I'm sure that will be successful...

    68. Re:I'm honestly confused... by s73v3r · · Score: 5, Insightful

      No, that is completely unacceptable. There should be NO NDA whatsoever needed to see these patents. For one, patents are supposed to be publicized. If I knew what patents Microsoft was talking about, I could go look them up in the patent database and get the specifics myself.

      The idea that you should have to sign an NDA so you can't tell others what patents were involved is absolutely disgusting, and is only appealing to Microsoft, and their fanboys that would excuse their every action.

    69. Re:I'm honestly confused... by s73v3r · · Score: 1, Flamebait

      I'm talking pure logic here.

      No you're not. You're talking MS Fanboyism.

    70. Re:I'm honestly confused... by s73v3r · · Score: 1

      The NDA is completely unnecessary, unless you want to be able to troll other companies. It should not be allowed.

    71. Re:I'm honestly confused... by Attila+Dimedici · · Score: 2

      Considering that B&N chose to fight, I think it is more likely that the reason is #4, the companies that settled want to do business with Microsoft in the future (or do so already and want to continue to get good terms).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    72. Re:I'm honestly confused... by 0123456 · · Score: 3, Informative

      Well, Kinect is pretty damn amazing.

      Didn't Microsoft buy the company that created it?

      Microsoft Research seems to be the place where they put all the smart people they don't want to lose to competitors, then ignore everything they do.

    73. Re:I'm honestly confused... by s73v3r · · Score: 1

      the USPTO provided them monopoly privilege over alleged technology which probably has already been implemented and patented elsewhere (even by microsoft themselves).

      [Citation Needed]

    74. Re:I'm honestly confused... by PIBM · · Score: 2

      Actually, very specific criterias need to be met so that a programmer can be approved in the R&D billing. It might depend on where you live, or what are the incentives for doing R&D, but the rules are pretty stringent here.

    75. Re:I'm honestly confused... by s73v3r · · Score: 2

      No, this is patent trolling behavior. The fact that they won't even mention which patents are in question solidifies it.

      Further, one of the characteristics of a patent troll is that they get more money from "settlements" than they get from their own products. Case in point: Microsoft made more money off of Android "licensing deals" last year than they did from sales of Windows Phone licenses.

    76. Re:I'm honestly confused... by poetmatt · · Score: 4, Informative

      The FAT patent has been worked around 2 years ago. there are no royalties to be paid for it today.

      That was a poor attempt at a shakedown. Patents and any form of open source don't mix, and can't be reasonably enforced on it either.

    77. Re:I'm honestly confused... by Curunir_wolf · · Score: 1

      Why would it be extortion or why would there be bribes involved? Microsoft owns the patents based on years of R&D (Microsoft Research is the largest R&D center on the industry) and they legally ask for companies to pay to use their patented technology.

      Microsoft has moved most of its R&D to India now, so I'm sure it's much cheaper for them these days. And how much of that R&D is actually spent researching better ways to lobby congress for more power?

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    78. Re:I'm honestly confused... by s73v3r · · Score: 2

      Most non-patent troll companies seek return on the research through making products that incorporate that research. Patent trolls, like Microsoft here, make most of their "returns" by extorting other companies.

      Microsoft made more money through Android "licensing deals" last year than they did with Windows Phone.

    79. Re:I'm honestly confused... by s73v3r · · Score: 1

      2. Microsoft is offering reasonable licensing terms to the device makers, so the licensing agreement costs significantly less than the cost of litigating./quote.

      Being less than the cost of litigation doesn't necessarily make the terms "reasonable".

    80. Re:I'm honestly confused... by Runaway1956 · · Score: 1

      Microsoft owns shit. Pure shit. Patents on software are absurd. It's properly COPYRIGHT!!!

      Now, IF Microsoft were getting license fees on COPYRIGHTS, then, and only then, might I actually look at the issue as though it were a rational thing.

      I will admit, that I am prejudiced against Microsoft, and even if I were examining a rational idea such as licensing a copyrighted IP, I would still be a hard sell. But, PATENTS?!?!?! Absurd, insane, idiotic - I could go on for awhile with descriptive terms.

      Damned near everyone around here has mentioned the fact that the patent system is broken. It needs to be fixed! Unfortunately, I suspect things to get a whole lot worse, before anyone gets around to actually fixing the damned thing! Especially since our lawmakers are all on the take.

      And, yes, Microsoft taking money from any *nix derivative is indeed extortion. There is precious little in any unix-like that had it's origins at Redmond.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    81. Re:I'm honestly confused... by s73v3r · · Score: 1

      Do you honestly think that if the manufacturers didn't play ball with Microsoft, that they'd just walk away? Fuck no, Microsoft would sue the crap out of them.

    82. Re:I'm honestly confused... by hedwards · · Score: 1

      The point is that you end up with treble damages if you're caught looking at the patent registry and are ultimately successfully sued for patent infringement, even if one wouldn't think that it was infringing.

      The NDA prevents other parties from knowing if they're going to be receiving one of those extortion letters or from helping out an ally as they're no longer able to bring any patents that they might have that cover those patents to bear.

    83. Re:I'm honestly confused... by steveg · · Score: 4, Informative

      Yes.

      They could be overturned.

      Not easily, however. The litigation costs are high enough that it's cheaper to pay the protection racket. Multi-billion dollar corporations make decisions like this all the time -- if it's cheaper to cave to ridiculous claims than to fight them, then they'll roll right over. Even if they could win the fight.

      And if the fight is in East Texas (like it commonly is) even poor quality patents are frequently upheld, so winning is up in the air no matter how strong the case against the patent holder.

      --
      Ignorance killed the cat. Curiosity was framed.
    84. Re:I'm honestly confused... by s73v3r · · Score: 1

      Microsoft has had a phone OS for about 10 years. I would say that probably qualifies as "doing something with them".

    85. Re:I'm honestly confused... by s73v3r · · Score: 1

      The problem MS has with their software patents is that they were VERY late to the OS game.

      They've had a phone OS for like 10 years now, haven't they?

    86. Re:I'm honestly confused... by Anonymous Coward · · Score: 1

      > I might not want my competitors to know what technology I'm using in my product.

      More like "I might not want others to know what bullshit patents we forced this suckers to license".

      Others could, you know, stop infringing, and we don't want that, now do we?

    87. Re:I'm honestly confused... by westlake · · Score: 1

      In what way is this different to any other form of extorting money with menaces?

      Microsoft licenses a patent portfolio to the richest, most powerful and most secretive manufacturing cartels on the planet.

      Enterprises which collectively have centuries of experience in playing corporate hardball. Enterprises which --- in all probabilty ---- have been licensing and cross-licensing tech with Microsoft for some thirty years now.

      Google doesn't raise a finger in protest ---- but the Geek --- in his impotence --- goes ballistic.

    88. Re:I'm honestly confused... by s73v3r · · Score: 1

      This idea that "life isn't fair" so we should accept every little abuse committed by big companies is absolutely sickening.

    89. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Yes, actually, you can. Just because you don't like it doesn't mean it isn't legal.

    90. Re:I'm honestly confused... by hedwards · · Score: 5, Insightful

      Yes, it happens more frequently than you would think. MS is no longer under DoJ supervision and in many of those cases the companies are getting their royalty money back from MS. MS also has the ability to turn the screws on the Windows licenses that those companies have.

      B&N is in the unusual position of not having or needing a license for Windows and wouldn't be getting any kickbacks for paying the extortion money.

      As for flimsy patents, the courts are completely unpredictable, Blizzard was able to convince a court that Glider infringed upon its WoW copyright by making an in memory copy of the game even though that's expressly not infringement under the law.

      Copyrights are even worse as evidenced by Apple's ridiculous rounded rectangle patent trolling. And don't forget about the TX court of no turn downs where anybody can get money for somebody elses fictitious patent infringement.

    91. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      No you're not. You're talking MS Fanboyism.

      Uh oh, sounds like some ones Mac has the beachball of doom

    92. Re:I'm honestly confused... by anonymov · · Score: 1

      I might not want my competitors to know what technology I'm using in my product.

      So you sign NDA to punish yourself if you decide to allow your competitors know what technologies you use. Makes perfect sense.

    93. Re:I'm honestly confused... by AdrianKemp · · Score: 1

      You clearly have absolutely no clue what you're talking about.

      You should actually learn something about mobile phone OSes before you claim that Microsoft was late to the game.

    94. Re:I'm honestly confused... by Luckyo · · Score: 1

      It is LEGAL but UNETHICAL. In fact there are many laws that are unethical.

    95. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Do you have a lot of accounts to mod yourself up with? That's the only explanation I can think of.

    96. Re:I'm honestly confused... by ifiwereasculptor · · Score: 1

      If you don't like the patent system and you own thirty or so billion dollar companies, reform it by lobbying your government.

      FTFY.

    97. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Hey DCTech, you forgot to switch accounts back when you replied. You know you are only supposed to be using the SharkLaser sockpuppet in the case of extreme propagandic emergencies, right? Just want to make sure we are all clear on that. Also you might want to read a little closer, you said "their patents are invalid" and that could be taken out of context pretty easily. Other than that keep up the good work. Thanks!

      Sincerely, sballmer

    98. Re:I'm honestly confused... by interval1066 · · Score: 1

      how exactly did they put it together? You think all the work from 6 disparate labs just fits together like a puzzle?

      You appear to be suffering from an acute case of delusion. "Diasparate"? No, not at all, you don't know the history of the internet very well, do you? The companies and research facilities in question (in my statement, at least) did most of this work before Microsoft was a company, and certainly worked together, at least some of them in direct concert. And- the internet research done at MIT (in cooperation with Massachusetts firm Bolt-Beranek-Newman, together they put in place the first ip linked pair of computers) would have been done while Bill Gates was still in grade school.

      ...Microsoft managed to become the biggest software company in the world?

      Yes, only becuase Gates and Ballmer managed to swindle Rod Brock of Seattle Computer Products out of the code for 86-DOS, which allowed them to snag a sweetheart deal from IBM to be the sole creator of the OS that ran IBM computers, which became IBM-DOS. At the time IBM was interested in selling hardware, they thought the money was in the iron that ran the software. How much hardware does IBM sell today? Innovation had very little to do with Microsoft's success.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    99. Re:I'm honestly confused... by interval1066 · · Score: 1

      Ding ding ding! Correct sir.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    100. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      the MS execs that thought of that ought to be dragged out into the street and beaten severely with chairs.

      That would not be fair to the chairs..... You should beat them with other patent trolls, that would be poetic justice.

    101. Re:I'm honestly confused... by ifiwereasculptor · · Score: 1

      Will MS just ignore Motorola Mobile if Google really buys it or are we going to have a legal showdown, I wonder?

    102. Re:I'm honestly confused... by Pope · · Score: 0

      Against whose standards of ethics?

      --
      It doesn't mean much now, it's built for the future.
    103. Re:I'm honestly confused... by penix1 · · Score: 4, Insightful

      While it should be illegal for any patent licensing agreement to be covered by a NDA

      Why do patent licence deals have to be public knowledge? I might not want my competitors to know what technology I'm using in my product.

      WTF?!?!? Your "competitors" already know your technology BECAUSE you filed for the patent. That is the whole point of patents. You tell everyone what your invention is and everyone agrees that you get exclusive rights to it for a limited time.

      seeing as we already know that the patents are bogus

      No you don't. All you know know is what are in the B&N case. They may not be all patents. But in the end even those are in fact patents legally granted to MS, and no matter how "bogus" you consider them you can't just violate them outright and not expect to be sued.

      I see a better way around it. Do what Red Hat was trying to do in Delaware with SCO and have Google take the Android code base to a judge and have it declared "non-infringing". That ought to wake Microsoft up.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    104. Re:I'm honestly confused... by Rob+Y. · · Score: 1

      > I might not want my competitors to know what technology I'm using in my product.

      You're using Android. Your competitors already know what technology you're using in your product. I don't think any of the Microsoft patents are on Sense or TouchWiz - though I wouldn't put it past the patent office...

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    105. Re:I'm honestly confused... by Pope · · Score: 1

      "Here?" Where's that, the internet?

      --
      It doesn't mean much now, it's built for the future.
    106. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      because this is government sanctioned extortion, via the USPTO.

    107. Re:I'm honestly confused... by Rob+Y. · · Score: 1

      >If you don't like the patent system, reform it by lobbying your government. The megacorporations are just playing by those rules

      Unfortunately, before you can lobby your government to change the patent system, you've got to lobby your government to change the government lobbying system. Or pony up millions in campaign contributions...

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    108. Re:I'm honestly confused... by DemonGenius · · Score: 1

      If you don't like the patent system and you own thirty or so billion dollar companies, reform it by lobbying your government.

      FTFY.

      Exactly what I was thinking. 100,000 signatures or even a million or so still doesn't compare to the influence that a multi-billion dollar company has. Attack the problem at it's source and stop buying or using (or pirate) the megacorps' products.

    109. Re:I'm honestly confused... by kthreadd · · Score: 1

      The patent system is sickening, I agree on that.

    110. Re:I'm honestly confused... by Pope · · Score: 2

      MS licenses some of the tech behind the Kinect from a small company called GestureTek, who started doing camera/computer interaction stuff back in the 80s. They had a system called Mandala that worked with Amigas in the 90s.

      --
      It doesn't mean much now, it's built for the future.
    111. Re:I'm honestly confused... by sootman · · Score: 1

      >> Microsoft is offering reasonable licensing terms to the device makers,
      >> so the licensing agreement costs significantly less than the cost of litigating.

      > I think it's pretty clearly this.

      Another way to look at this isn't that the terms are "reasonable", as much as "how much can MS stand to spend in court?" MS probably has more lawyers than LG has employees, and a mountain of cash taller than LG's corporate headquarters.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    112. Re:I'm honestly confused... by Hognoxious · · Score: 1

      You're trying to tell me that at least 6 multi billion dollar corporations, some of which are much larger than Microsoft, have signed patent deals worth hundreds of millions over completely flimsy ridiculous patents that could easy be overturned by any court?

      If it would cost thousands of millions to fight (even if you win), then rolling over is the sensible move from a business POV. In the short term, at least (see Danegeld).

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    113. Re:I'm honestly confused... by bennomatic · · Score: 1

      Clever of Google to give away Android. The reason Microsoft is going after the hardware vendors is that they are the ones selling a product based on software which (allegedly) uses their patents, so they can easily make a case for getting a slice of that pie. Even a very big slice of zero--the cost Google charges for Android--is still zero.
      Of course, Google makes their money on advertising revenue from their services, and those services are all built into Android, but at this point, so many people use their services via other technology (Windows, Mac, Linux browsers and desktop apps, iOS, Blackberry browsers and apps, etc) that it would probably be a much harder fight to determine exactly what Google is making from Android, and how much is reasonable to charge.
      The estimates I've seen are that Google is making about $10 per device, on average, per Android phone or tablet. Microsoft makes more than that (I've seen $15 per device quoted), so it seems that MS is in a pretty good position.

      --
      The CB App. What's your 20?
    114. Re:I'm honestly confused... by PIBM · · Score: 1

      If that really interest you, I'm in QC, Canada. Your mileage may vary depending on location :)

    115. Re:I'm honestly confused... by justforgetme · · Score: 1

      Now we are talking!

      --
      -- no sig today
    116. Re:I'm honestly confused... by Luckyo · · Score: 1

      Any person's who believes into officially stated purpose of patents.

    117. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Just because you are a developer, doesn't mean you cant create something that is perfectly patentable.

    118. Re:I'm honestly confused... by Curunir_wolf · · Score: 1

      Why would that be the case? Wouldn't they be the same patents they've used in other cases, and have been released for public consumption?

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    119. Re:I'm honestly confused... by Lithdren · · Score: 1

      No standing? If I was looking to make a new phone, and saw MS pulling this garbage, i'd think twice about using Android untill it was settled. How is that not damaging to Google?

      Im not claiming its EASY to say how much, but there must be SOME grounds for damage to the name of the product currently being threatened to be sued by a multi-billion dollar company, isn't there?

    120. Re:I'm honestly confused... by PCM2 · · Score: 1

      Considering that B&N chose to fight, I think it is more likely that the reason is #4, the companies that settled want to do business with Microsoft in the future (or do so already and want to continue to get good terms).

      That's likely, but it's also likely that B&N is very new to this industry and doesn't really understand how the game is played. Note that B&N is trying to get out of the e-reader business now (not the ebook business, just the e-reader business).

      --
      Breakfast served all day!
    121. Re:I'm honestly confused... by M0j0_j0j0 · · Score: 1

      For fucken' god sake, are you a Microsoft employe that gets paid just to troll on slashdot????

    122. Re:I'm honestly confused... by snowgirl · · Score: 1

      Patent infringement isn't just about monetary loses or getting a cut of the profits of the company infringing upon your patent. Even giving a patent-violating product away for free can still incur a right to restitution.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    123. Re:I'm honestly confused... by Rockoon · · Score: 1

      We know what the patents are.. first through the Motorola lawsuit, and then again through Barnes and Noble echoing the same patents.

      Why dont you know what the patents are?

      --
      "His name was James Damore."
    124. Re:I'm honestly confused... by Riceballsan · · Score: 1

      Didn't B&N get a general concept of several of the patents? or at least a vague summery of what microsoft was calling them on. If I recall they were vague obvious things that have been done regularly in the computer world like "loading the text before the images on a web page" and something about scrollbars if I remember right. Barns and nobel described them all as general non-essential parts of the operating system. Most likely something that google could easilly fix in a few hours, if they could get an exact list on what MS was calling infringement. That is the biggest issue I think, microsoft is hiding the details from the company that can actually fix it.

    125. Re:I'm honestly confused... by russotto · · Score: 1

      Look at it this way: patents expire after 20 years, so the faster they get approved the faster they will expire.

      Nope. They just patent the same thing again in a different context or a slight variant, and get another 20 years.

    126. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Google could simply indemnify their customers against claims of infringment. Then they would have all the standing they needed when their customers told MS to fuck off. This is not complicated. Google hasn't done that though for whatever reason.

    127. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      I think that it's pretty apparent that Microsoft's litigation is harming the reputation and value of their products. It seems to me they have reasonable grounds to attack Microsoft on that front. They have simply chosen not to up to this point.

    128. Re:I'm honestly confused... by atlasdropperofworlds · · Score: 1

      I suppose MS could just start a lot of lawsuits against android instead, and start blocking android-based products...

    129. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      MS are a convicted company. They do don't, never have, and never will, play fair.

      They sell an evolving OS and evolving office suite plus some dev tools. Thanks to the PC market, MS have been able to put a tax on several billion pieces of hardware sold. You are either a retard, or a shill, probably both.

      They've been doing it for three decades, and are the model Apple now mirror.

    130. Re:I'm honestly confused... by Attila+Dimedici · · Score: 1

      B&N is not trying to get out of the e-reader business. B&N is looking to spin that business off so that they can raise more money to invest in that business. They believe that they could raise more money to invest in the e-reader business by spinning it off than by keeping it in house. I think that would prove to be a strategic mistake, but I understand the logic behind it.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    131. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      So, you're wrong but won't admit it.

      Fuck off.

    132. Re:I'm honestly confused... by Rockoon · · Score: 1

      The NDA is completely unnecessary

      An NDA is standard business practice in licensing negotiations.

      From the IP Hand Book Chapter 12

      "Confidentiality agreements often precede licensing negotiations or the acquisition of IP (intellectual property) rights and serve to strike an appropriate balance between the needs of the disclosing and receiving parties. A confidentiality agreement can either stand alone or be included as part of a broader agreement. An appropriately drafted confidentiality agreement should contain a list of standard provisions and exceptions."

      This is so because neither party wants any information revealed about the negotiations. Barnes and Noble played on your ignorance to get you to support their refusal to even enter negotiations.

      --
      "His name was James Damore."
    133. Re:I'm honestly confused... by erick99 · · Score: 1

      I'm not a MS Fanboy - not even a little bit - but I still found his argument logical. Not liking his logic doesn't render it not logical. I think we often argue too emotionally in these discussions and we attach each other too much. People have different beliefs and sometimes both sides are mostly right and it's that murky area of overlap where the real work has to be done to tease out what is really going on.

      --
      http://www.busyweather.com/
    134. Re:I'm honestly confused... by Hognoxious · · Score: 1

      Remember that on balance sheets, programmers can be counted as R&D.

      Interesting, I didn't know the 13th amendment had been repealed.

      Did DeVry tell you which side they go on?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    135. Re:I'm honestly confused... by Rockoon · · Score: 1

      They wood, and are, the same patents.

      The patents in the Microsoft vs Motorola case turned out to be the same patents Barnes and Noble claimed they were not allowed to learn of without an NDA, even though the Motorola case was already in full motion and the patents in question on public record as being in question.

      But dont tell the anti-Microsoft folks this. They will have to start complaining about any of the vast number of valid anti-Microsoft things to complain about instead of this invalid one. Also dont tell them how NDA's are standard business practice for any licensing negotiations.

      --
      "His name was James Damore."
    136. Re:I'm honestly confused... by Rockoon · · Score: 1

      So you sign NDA to punish yourself if you decide to allow your competitors know what technologies you use. Makes perfect sense.

      You think these agreements are just licensing things that the current product uses? These manufacturers have the next product rolling out soon, and another already on the drawing board.

      --
      "His name was James Damore."
    137. Re:I'm honestly confused... by Rockoon · · Score: 1

      B&N is in the unusual position of not having or needing a license for Windows and wouldn't be getting any kickbacks for paying the extortion money.

      B&N is also in the unusual position of not having any IP of their own. Are we to only consider the craptacular weakness of B&N in this marketplace due to considerations specific to Microsoft? B&N is weak because its a book store trying to get in on the technology game only after they started failing as a book store. They have money problems in a big way, precisely the wrong time to go turning over stones looking for snakes.

      --
      "His name was James Damore."
    138. Re:I'm honestly confused... by nurb432 · · Score: 1

      Because they own the patents and its standard practice to require license fees from people that infringe on them.

      --
      ---- Booth was a patriot ----
    139. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      They've been disclosed to any relevant parties. You think all the companies signing deals with MS have no clue what the patents are? No, they signed an NDA, saw the patents, and every one of them has decided to license the technologies rather than fight in court. MS certainly doesn't have to disclose them to the public just to appease some forum trolls.

      They did a cost analysis and decided it was just cheaper to pay MS than to fight it. It doesn't make the patents valid. All of the patents should already be public since that's generally how patents work. What purpose could MS have in making companies sign an NDA other than being shady?

    140. Re:I'm honestly confused... by amiga3D · · Score: 1

      I think Barnes and Nobles outed the patents in question and they were, as most suspected, patently ridiculous. (Pun intended)

    141. Re:I'm honestly confused... by anonymov · · Score: 2

      Yes, that's why it would make sense for licensee to make licensor sign NDA. Not the other way around.

    142. Re:I'm honestly confused... by Rockoon · · Score: 1

      The most advanced case is Microsoft vs B&N as far as I know.

      Since you don't know about Microsoft vs Motorola, let me point out that those patents were public information before B&N cried about an NDA.

      The actual history of mobile lawsuits is quite short (it wasn't until Apple started suing), so I am wondering why you are clueless about it.

      The problem MS has with their software patents is that they were VERY late to the OS game.

      uhh.. what? Maybe you shouldn't talk about this subject, since you obviously don't know what you are talking about, and lets be honest.. you KNOW that you don't know what you are talking about.

      What kind of person makes obviously erroneous declarations that they themselves know are erroneous?

      --
      "His name was James Damore."
    143. Re:I'm honestly confused... by Rockoon · · Score: 1

      Yes, that's why it would make sense for licensee to make licensor sign NDA. Not the other way around.

      You will twist your world up into a little ball in order to maintain a belief, wont you?

      Standard industry practice, because discloser may be unilateral, bilateral or even multilateral. (so much for your false dichotomy.)

      --
      "His name was James Damore."
    144. Re:I'm honestly confused... by umghhh · · Score: 1

      Dragging into the street is OK but wooden sticks, metal or rubber bars are much better at handling in this situation.

    145. Re:I'm honestly confused... by anonymov · · Score: 2

      What. I know what NDA is, you still miss the part where it doesn't make sense for licensor to force NDA on licensee about which patents were in the deal.

      Go check B&N's negotiations story - "You're infringing on our patents, and we'll tell you which patents are those after you sign this NDA". You mean MS was just going out on a limb to help B&N and others with this, so those poor darlings won't accidentally tell competition about their future product lines and ruin themselves?

    146. Re:I'm honestly confused... by PCM2 · · Score: 1

      B&N is not trying to get out of the e-reader business. B&N is looking to spin that business off so that they can raise more money to invest in that business. They believe that they could raise more money to invest in the e-reader business by spinning it off than by keeping it in house. I think that would prove to be a strategic mistake, but I understand the logic behind it.

      I'm not sure I'm following you. Are you saying B&N would sell the Nook division, then take the money it receives from the sale of the Nook division and give it back to the buyer as an investment? That doesn't make much sense to me. At any rate, B&N has only issued one press release that has mentioned the possibility of spinning off the Nook business, to wit:

      In order to capitalize on the rapid growth of the NOOK digital business, and its favorable leadership position in the expanding market for digital content, the Company has decided to pursue strategic exploratory work to separate the NOOK business.

      “We see substantial value in what we’ve built with our NOOK business in only two years, and we believe it’s the right time to investigate our options to unlock that value,” said William Lynch, Chief Executive Officer of Barnes & Noble.

      "Unlock that value" would seem to be to be a euphemism for "liquidate that value," which would be a logical move given that the e-reader business seems rather at odds with the retail bookselling business. If B&N planned to get out of retail and restructure its bookselling business model to look more like Amazon's, investing heavily in Nook might make more sense. (In fact, the whole strategy might make more sense.) But if B&N is committed to retail then it's probably better off splitting in two. The Nook division might even take the ebook business with it and sell ebooks through B&N as a wholesaler.

      --
      Breakfast served all day!
    147. Re:I'm honestly confused... by Kalriath · · Score: 1

      No, Microsoft-bashing is a long running subject at Groklaw. They're as fair and balanced as Fox News. I would take with a grain of salt anything lifted from Groklaw, Daring Fireball or WinSuperSite. They're all equally biased.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    148. Re:I'm honestly confused... by prshaw · · Score: 1

      >> That is the biggest issue I think, microsoft is hiding the details from the company that can actually fix it.

      Google can't find out what MS is calling infringement? Can't they ask B&N? Or maybe do an internet search on it?

      Microsoft may be hiding the details from the public, but they are not hiding them Google.

    149. Re:I'm honestly confused... by AnalogDiehard · · Score: 2

      Microsoft has a huge R&D division, larger than any other company in the industry has.

      I doubt that. MS has never innovated much of anything. All of their software products were a result of acquisitions of other companies and their IP, not innovation.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    150. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Touché!

    151. Re:I'm honestly confused... by Kalriath · · Score: 1

      Wow. You don't have a serious case of zealot fanboyism at all. Totally not spectacularly biased, nope.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    152. Re:I'm honestly confused... by Kalriath · · Score: 1

      More likely if Google and Microsoft went against each other, it would result in a cross-licensing agreement where each company lets the other use some of their patents, and maybe some token money goes from one to the other - everyone wins, except everyone else. I doubt either Microsoft or Google really wants to get into it though.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    153. Re:I'm honestly confused... by hairyfeet · · Score: 2

      How is it unethical? One company says "Here is an NDA, sign it and we can negotiate, don't and we can hash this out in court" and you have the choice, A or B. Don't act like this is Peter Pudfucker in his basement getting a knock on his door from Ballmer in a Darth helmet outfit, these are multinational conglomerations, I think they are big enough boys to ask their legal teams what they should do, don't you?

      While I still think software patents are too broad and shouldn't have been allowed in the first place as you end up arguing over which math is "allowed" and which math "infringes" you got to admire the brass balls on MSFT, their product bombs (And Ballmer is gonna torpedo Windows this fall with Win 8 because he refuses to accept he's lost) so the lawyers figure out a way to make a profit even out of a loss. Maybe MSFT should adopt the old SCO meme "Pay your $699 license fee, you cocksmoking teabaggers!" as it does seem appropriate.

      Oh and just to REALLY piss off the fanboius, why does Google get a pass for product dumping when they spend a billion a year on Android only to give it away and MSFT gets nailed for IE? As was brought up in the MSFT case people are lazy and stick with the defaults and Android by default is a Google datamining gift from the Gods, so why no outrage? Could it be because you treat corporations like ballclubs and cheer and boo like wrestlers instead of realizing they ALL would throw you into a lion's pit wrapped in chops if it would give them an extra 30% profit for the year?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    154. Re:I'm honestly confused... by s73v3r · · Score: 1

      Wait, pointing out his clear MS Fanboyism somehow makes me a Mac user?

    155. Re:I'm honestly confused... by Kalriath · · Score: 1

      Most folks simply contact groups like GPL-Violators.org, who apparently will help out to take out people violating GPL. They prosecute lots of companies for "pirating" Busybox for example.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    156. Re:I'm honestly confused... by s73v3r · · Score: 2

      You're not talking logic at all. You used nothing logical in your post. You said that signing the deals was evidence that MS's patents are valid, when, without knowing the patents in question, you cannot make that conclusion at all.

      The only logical conclusion you can come to is that the companies felt that the costs for paying the MS license fee was less than fighting it out in court. That's it.

    157. Re:I'm honestly confused... by s73v3r · · Score: 1

      The only reason the NDA is necessary is that Microsoft doesn't want what patents were involved to get out, so they can be debunked. That is not a valid reason to me.

    158. Re:I'm honestly confused... by Luckyo · · Score: 4, Insightful

      The basis behind original idea of patenting requires openness about what is actually patented, so that other inventors can either plan to incorporate your inventions into theirs (and pay you for it) or plan their inventions not to infringe on your patents.

      By obfuscating which patents are being infringed on, microsoft's behavior becomes unethical, as they are going against the aforementioned purpose of patents, making it harder for companies not directly involved to plan their current and future inventions.

      Unfortunately this "patent obfuscation" combined with "mass patenting of everything even remotely patentable", while unethical, has become modus operandi. Inventors not only cannot easily check which patents they may be infringing upon, they can't even ask a company with patents if they are infringing and if they are, what exactly they're infringing upon (so they could plan on either incorporating or going around the said patents)!

    159. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      B&N only was able to release partial details, microsoft hasn't tried to sue google, they have threatened the individual manufacturers. B&N made public everything that wasn't covered by the NDA, so google can know what everyone else knows and nothing more.

    160. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      The nice way of saying it is that those companies have agreed to "play ball" and probably anticipate improved relations with Microsoft as a result.

      So you're basically saying that they aren't getting raped; rather, it is all consensual bondage and domination play?

      I fail to see the problem, then.

    161. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Completely unacceptable to some forum troll that has never run more then a lemonade stand. Cool story bro.

    162. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      LOL, so all you know about NDAs you learned from there?

      Here, let me quote you your own link some more:

      What matters, within the context of the confidentiality agreement, is that the information is of value due to its state of being relatively unknown, and, therefore, open disclosure would be injurious to this value.

      NDA on patents in question was MS's idea, as it can harm MS by "Others will know we're coming for them and stop infringing".

      I clearly remember being told many times that patent lawsuits spur innovation like "infringing - working around infringement in new way", seems like MS opposes innovation even by this logic.

    163. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      I think 4. is a major reason and that the Asian manufacturers are getting discounts on windows in return for the patent money. I wouldnt be suprised is MS is actually losing money from these deals overall and is simply treating it as a marketing cost.
      However, Samsung, LG et al also have one more clear motive to make deals . These sorts of things are keeping WP7 alive, and are feeding into Balmer's delusion that WP has a future and will one day rule the market. Furthermore, by encouraging the WP-delusion, the Asian handset manufacturers keep Nokia on the WP7 death spiral. Much of their recent marketshare has come directly from Nokia, and the longer Nokia rides the MS-subsided train to oblivion, the better. Since WP offers no real competition, and is treated with indifference by the public, the more resources their competitors waste on it, the better. This also explains why these companies dont simply put MS out of their misery but are instead prolonging it by releasing shitty, under-specced windows phones which they very well know no one will buy. They want to keep the dream alive, and if it costs them a few dollars on bullshit patents, then so be it.
      Furthermore, the OEMs hate and despise MS and the years of bullshit they have had to put up with and will jump on a future Android for PC in a heartbeat. Look at the way they have been backing android for TV at CES, even though its shit and noone cares about it - they love android and want it to move beyond the smartphone. They are backing android on intel for precisely the same reason, even though, once again, it sucks. They want android to run on everything. Furthermore, they want MS to waste their time and energy on a war thats already lost and not focus on the future tsunami which is coming and which could wipe MS out.

    164. Re:I'm honestly confused... by Rockoon · · Score: 1

      What. I know what NDA is

      OK, lets see...

      you still miss the part where it doesn't make sense for licensor to force NDA on licensee about which patents were in the deal.

      ..proving you dont know what an NDA is. Nobody in the history of the world has ever drafted such an NDA.

      Go check B&N's negotiations story

      I did.

      "You're infringing on our patents, and we'll tell you which patents are those after you sign this NDA"

      Wrong. This is how it goes:

      "We would like to enter into negotiations over patents we believe that you are infringing. Here is the industry standard licensing negotiations contract that everyone in the industry, on both sides, insists on entering into before discussing such matters."

      You mean MS was just going out on a limb to help B&N and others with this, so those poor darlings won't accidentally tell competition about their future product lines and ruin themselves?

      Nobody said anything of the sort. your problem is that you dont know what is standard in the indsutry. Nobody enters into negotiations of any kind without an NDA.

      Are you a Barnes and Noble shill?

      --
      "His name was James Damore."
    165. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Corporate dollars and private endowments paid for that research.

    166. Re:I'm honestly confused... by Rockoon · · Score: 1

      LOL, so all you know about NDAs you learned from there?

      Nope, but its all you know.

      NDA on patents in question was MS's idea

      I guess you have a citation for the NDA in question, then. The actual text, where it specifically mentions patents as being covered?

      The rest of the industry specifically insists that every aspect of negotiations, including the fact that negotiations are even happening, be treated as confidential. If Microsoft only insisted that the NDA covering patents, then they sound like the good guys.

      I gleefully wait for your citation, and I think that you can provide it since you are a Barnes and Noble shill.

      --
      "His name was James Damore."
    167. Re:I'm honestly confused... by wiedzmin · · Score: 2

      Patent office needs no bribing, they're very good at approving stupid patents on their own. I mean come on, patent to IBM for "half-day out of office messages", what?

      --
      Bow before me, for I am root.
    168. Re:I'm honestly confused... by pgward · · Score: 1

      They just patent the same thing again in a different context or a slight variant, and get another 20 years.

      No that only happens in the pharmaceuticals industry. They are all crooks. This is IT, we are nothing like them.

    169. Re:I'm honestly confused... by syousef · · Score: 1

      If you don't like the patent system, reform it by lobbying your government.

      Thanks. I needed a laugh.

      --
      These posts express my own personal views, not those of my employer
    170. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      http://google.com/search?q=%22acquire+license%22 - here, look at all this confidentiality.

      There is no "*the* industry standard NDA", there is just "industry standard practice of entering NDA". Hiding the patents covered is not "industry standard", it's specific to this case by MS's demand to let them sneak up on the next victim.

    171. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      anonymous, as i've modded in this story.

      why should finding out what you might be infringing upon be rushed straight to the nda-worthy negotiation?
      that is what people are finding retarded, methinks.
      it is standard business practice to say, "Hey, we think you might be infringing on our patent. We can't simply tell you which one, but we will head straight to negotiating table, complete with standard nda. That, or you can see us in court, where we will tell you, but you're getting sued."?

    172. Re:I'm honestly confused... by hairyfeet · · Score: 1

      You are completely free to go to USPTO and look up every single patent MSFT has ever filed, just as they are free to ask for treble damages if you do so and are found later to infringe. It isn't unethical to follow the rules, its the rules that are frankly beyond broken and need a good shitcanning. I mean when the first thing a lawyer will tell you is NEVER look up patents as the courts will ding you with treble damages? that just shows the system is broken.

      But they ALL play by the same rules, MSFT, Intel, Apple, IBM, even google has gotten in on it by not shutting down the Motorola patent trolling when they bought the company. what makes one "right" and the other following the exact same rules" wrong"? As I pointed out if you changed the name from google Android to MSFT Android you'd have every geek here screaming "Its IE all over again!" and screaming for an antitrust investigation, yet Google dumps a billion dollar a year product for FREE how can you call that anything BUT dumping? Its not like they just stuck a skin on Linux you know, its a billion dollars a year in development being given away for $0, how is that ANY different than MSFT? In BOTH cases you have one company leveraging their massive income in one arena to product dump in another to try to corner the market.; I just wish all this "treat corps like ballclubs' bullshit would end, then maybe the folks would see that google is no different than Apple, MSFT or IBM, they ALL play dirty as the rules allow.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    173. Re:I'm honestly confused... by Valcrus · · Score: 0

      I'm shocked so many people are defending this. I don't see how anyone could say its ok to go up to someone and go "We are going to sue you about something...But we arn't going to tell you what or why until you sign this paper and agree not to tell anyone else.".

    174. Re:I'm honestly confused... by mariasama16 · · Score: 2

      It's completely illegal and really ought to be the focus of an antitrust probe. You can't send a letter demanding payment for allegedly infringing upon a patent and be required to sign an NDA to see the patent. That's not a legitimate move and quite frankly, the MS execs that thought of that ought to be dragged out into the street and beaten severely with chairs.

      Patents are public information for a reason, one should be able to look them up to figure out if one is or isn't violating one.

      Have you paid attention to the B&N vs Microsoft lawsuit currently ongoing? The patents ARE revealed, at least in that case. B&N's trying to get an antitrust probe in play and are saying that MS is engaging in patent misuse. Its all over on Groklaw.

    175. Re:I'm honestly confused... by GigaplexNZ · · Score: 1

      I thought the treble damages only applied if the device was manufactured and sold with prior knowledge of infringement. I doubt it applies if a company is accused of violating patents and that company then tries to do an audit after the fact to see if such a claim is with merit.

    176. Re:I'm honestly confused... by phantomfive · · Score: 1

      What does the 13th amendment have to do with anything?

      --
      "First they came for the slanderers and i said nothing."
    177. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Not to forget the shills like DCTech and SharkLaser - who would pay them, if MS doesn't make money.

    178. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      OK, so tell us WHICH PATENTS we are infringing!!

      Otherwise I call illegal protection racket.

    179. Re:I'm honestly confused... by DocHoncho · · Score: 1

      Alright, here. I AM a lawyer (though not your lawyer, and nothing I post here should be construed as legal advice)

      Please don't construe this as an attack in any way shape or form, but you lawyer types inevitably say some variation on this phrase and it makes me wonder. I understand that pragmatism might cause the use of this phrase when opining on some legal type matter, but have there been actual cases where some lawyer neglected to include this little C.Y.A and got caught up in an actual lawsuit where someone interpreted the "off duty" opinion of a lawyer as real legal advice? Or is it one of those things that you just say just in case?

      --
      Celebrity worship is a poor substitute for Deity worship and costs more to boot.
    180. Re:I'm honestly confused... by Trogre · · Score: 1

      None whatsoever.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    181. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      I didn't say mobile OS now did I. The reason I didn't specify was because how mobile a device is changes very little.

    182. Re:I'm honestly confused... by justforgetme · · Score: 1

      Thanks for the informative reply. Do you by any chance know what the effectiveness of those groups is compared to a self funded defense?

      --
      -- no sig today
    183. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Easy there tough guy. All patents are public. That is the nature of patents. It isn't clear to me why someone who doesn't even understand the basics of the patent system is so self assured.

      As for the MS v MM case as far as I know it has only gone before the ITC at this point. I believe B&N will be first on a US court docket.

      "The actual history of mobile lawsuits is quite short (it wasn't until Apple started suing), so I am wondering why you are clueless about it"

      If I understand this correctly, which I hope I don't, you are claiming that MS started threatening to sue linux distributors and eventually sued android OEMs because Apple sued HTC/Sammy? I hope you work in an industry where logic or critical thinking isn't required.

      As for MS being late to the OS game. They bought QDOS in 1980, there were decades of OS development prior.

    184. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Requiring a NDA should invalidate the patents involved. That would put the brakes on this "legal" extortion or protection activity.

    185. Re:I'm honestly confused... by Anonymous Coward · · Score: 1

      Not a lawyer, but usually there are laws about how and when you may give legal advice at all.
      Even if there's no risk of getting sued, as a lawyer it is a good idea to avoid doing things that might be illegal.

    186. Re:I'm honestly confused... by AssholeMcGee+ · · Score: 1

      You have so much R&D from companies that they may unknowingly have created the same software/hardware, or they are similar. Is there a way to track pending patents? I have been on the patents site before, but I cannot remember if pending patents also came up in searches with approved patents. Then the obvious the lawyers who can find loop holes or twist there case to win for there clients, or pay off the right people, or the judge figures that Microsoft is a "trusting" company and rules in there favor. If a companies hardware/software is similar does automatically mean they infringe on a patent? There a several patents for one item but the invention is similar in design or function, these are all approved patents. Where do you draw a line that one company can create something similar but cannot use it without paying another royalties on a technicality..

    187. Re:I'm honestly confused... by Luckyo · · Score: 1

      You missed the "mass patenting of everything even remotely patentable" which means that anyone would have to sift through incredible amounts of patents and perform analysis on them to figure out if they're infringing. This isn't viable even for major corporations with massive resources. How do you expect it to be viable for anyone?

      When you're threatening someone with patent case, you are required to tell that entity what you're threatening them with if you act in accordance with original spirit of patenting. Threatening with "we will not tell you" patents is against that spirit, and hence unethical.

    188. Re:I'm honestly confused... by thetoadwarrior · · Score: 1

      I think it's a case that they pick people they can bully and they also give the option of effectively giving the money back plus some of the company will sell Windows phones.

      If Android infringes on their patents then they need to go after Google too.

    189. Re:I'm honestly confused... by Pigskin-Referee · · Score: 1

      Your subject says it all, "I'm honestly confused...". If this action was illegal as you so boldly claim then why have the companies that have capitulated to these requests not use your claim as a legal defense against paying any monies? Could it be that (1) these companies don't have the money to hire competent legal representation, or (2) you claim are bogus?

      The signing of a non-disclosure agreement (NDA) (1) is a common business practice. I have signed several in my career, both dealing with business practices and law settlements. There is nothing nefarious about the practice.

      (1) http://en.wikipedia.org/wiki/Non-disclosure_agreement

      --
      Pigskin-Referee
      Linux: Yesterday's technology, tomorrow ...
    190. Re:I'm honestly confused... by JasterBobaMereel · · Score: 1

      Microsoft's way is unethical - Sign this NDA to find out that we have on you, and pay a licence fee - or we drag you through court which will cost you more in just time and fees, and you have little chance of winning .... unless you are psychic then most business would go for the easy and potentially cheaper option, even though Microsoft may actually be largely bluffing ....

      Google got a "free pass" simply because you don't have to buy an Android phone, you could buy any one of several others even from the same company (HTC do both Android and Windows phones)

      Compare with Microsoft and IE - Buy a PC and it comes with Windows (no real choice) with Windows you get IE free, IE cannot be uninstalled (according to MS at the time) , the competition is buried ...

      The difference is that Microsoft was leveraging their near monopoly in one market to dominate another, Google did come up with a new product and introduced it into a market where there were already alternatives and competed with them ...

      --
      Puteulanus fenestra mortis
    191. Re:I'm honestly confused... by JasterBobaMereel · · Score: 1

      Notably Microsoft says that Linux and Android violate it's patents ... So obviously they are suing Google, and the largest contributors to Linux, Red Hat and IBM ?

      No.... perhaps it is because they do not want to threaten anyone who would take them to court and prove it ...?

      Instead they threaten the resellers of Linux and Android, who are on less sure ground, and have other business interests so that the Licence option sounds cheaper and simpler ...

      --
      Puteulanus fenestra mortis
    192. Re:I'm honestly confused... by JasterBobaMereel · · Score: 1

      Three letters IBM - has a much bigger R&D department, and has a vast number of Patents to prove it ...

      --
      Puteulanus fenestra mortis
    193. Re:I'm honestly confused... by JasterBobaMereel · · Score: 1

      Citation impossible, because the NDA is covered by the NDA!

      Of course I cannot prove this, because of the NDA ...

      --
      Puteulanus fenestra mortis
    194. Re:I'm honestly confused... by Pf0tzenpfritz · · Score: 1

      Yes - and it is this kind of simply unacceptable things becoming "common business practice" that make me feel the whole system is rotten to the point from where the decay proceeds exponentially. Such practices -and many others esp. in the financial sector- were considered clearly criminal 20 years ago - almost everywhere in the world. Not for moral reasons, but because the would destroy the system itself. Now, look where we are going...

      --
      Oh, the beautiful gloss of greality!
    195. Re:I'm honestly confused... by phantomfive · · Score: 1

      Check out the balance sheets of both companies. Microsoft spends more on R&D than IBM, a lot more. That might not be what you meant by 'bigger' though.

      --
      "First they came for the slanderers and i said nothing."
    196. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Fanboys?! What fanboys?

    197. Re:I'm honestly confused... by Kalriath · · Score: 1

      I can't really comment on that. I did get the address wrong too - it's http://gpl-violations.org/. Anyway, they claim to have a 100% success rate, with over 100 cases tried (against companies as large as D-Link, TomTom, Fujitsu-Siemens, and Gigabyte). I'd call that pretty effective.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    198. Re:I'm honestly confused... by Anonymous Coward · · Score: 0

      Bullies end up washing cars or being buggered by bigger bullies for protection. How this translates to what will happen to Microsoft and Apple I don't know but I am sure it will be painful. Share holders may be happy now but the consumer isn't really happy with the limitations that follow from the patent system as is. It would be smart of 'vested intertests' to re-evaluate their tight arsed strategies and make sure they are perceived as sympathetic to change.

    199. Re:I'm honestly confused... by jbolden · · Score: 1

      why does Google get a pass for product dumping when they spend a billion a year on Android only to give it away and MSFT gets nailed for IE?

      Because Microsoft was not charged with dumping with regard to IE. The argument was that they made the browser integrated and mandatory thus extending their operating system monopoly into a browser monopoly. The court's issue was not that they gave IE away for free.

    200. Re:I'm honestly confused... by jbolden · · Score: 1

      an obvious case of racketeering

      I'm not sure you know what racketeering is. Otherwise I'm at a loss to see how this is even possibly racketeering much less an "obvious case" of it.

  2. Not bad work if you can get it... by Anonymous Coward · · Score: 0

    Professional bullying...

    1. Re:Not bad work if you can get it... by JWSmythe · · Score: 1

          If I was a multi-billion dollar company, I could get away with it too. As all I have is a nice selection of firearms and a few $5 wrenches, I'm limited to bullying those within 1000 feet or so.

          The new "license for parking on my street", and "tax for kids making noise that I can hear" is working out well though. in FY 2011, I made $12. Maybe I should see about expanding it into other markets. Maybe I can get a grant from the Bill & Melinda Gates Foundation, and learn their methods so I can too excel in the global protection racket.

      --
      Serious? Seriousness is well above my pay grade.
  3. Guido says ya got a lovely phone here. by swschrad · · Score: 1

    Shame if it would burn down. Really. All these apps. Be a real shame. Just sayin'. ya looked at that contract yet?

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  4. I wonder.. when will Google start... by Anonymous Coward · · Score: 0

    leveraging their patents? Surely Google has snapped up enough patents now to start extorting some license fees of their own? No one seems to think Google is actually not doing evil anymore, so why keep up the image, I say

    1. Re:I wonder.. when will Google start... by larry+bagina · · Score: 2

      Google gave HTC a couple patents to countersue Apple. So far, Oracle is the only party suing them directly (at least over android -- they were sued over the linux scheduler a couple years ago).

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:I wonder.. when will Google start... by s73v3r · · Score: 1

      Wonder why Google won't do the same so companies can counter MS?

    3. Re:I wonder.. when will Google start... by Kalriath · · Score: 1

      It's quite likely that Google is more worried about Apple than Microsoft. Especially since every patent they transfer to another company for defensive purposes is one less patent they have - they can't do it forever.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  5. Better than Apple by Anonymous Coward · · Score: 4, Informative

    Apple won't even license it's "rectangular touchscreen" patents for Android phones.

    At this point I hate Apple alot more than I hate Microsoft.

    1. Re:Better than Apple by elashish14 · · Score: 1

      Yes, but at least Apple are shooting themselves in the foot. Once Apple's lawsuits are thrown out (okay, granted that's probably decades away a la SCO), it'll be the last we hear of that. But MS's tactics are far more permanent and sets a Very Bad Precedent for the future of the software industry.

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    2. Re:Better than Apple by s73v3r · · Score: 1

      Do you honestly think that if companies didn't agree to Microsoft's licensing terms, outrageous as they might be, that Microsoft would just walk away?

    3. Re:Better than Apple by Anonymous Coward · · Score: 0

      The point is that Apple licensing terms are "stop selling this", while Microsoft licensing terms are "feel free to sell this, but we want $5 for every device sold". MS just wants money, and Apple wants to strangle all competition dead.

    4. Re:Better than Apple by evilviper · · Score: 1

      At this point I hate Apple alot more than I hate Microsoft.

      Welcome to the 1980s!

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  6. That's messed up ... by gstoddart · · Score: 4, Insightful

    So, Microsoft is getting paid for every Android device sold in the US ...

    And people think the patent system isn't broken.

    I wish we had a clear list of the patents Microsoft is asserting are being infringed, because from TFA:

    Microsoft has also sought licensing deals from vendors whose products run Linux, which the software maker also claims violates its patents.

    That's just sad, really ... you can't build anything without paying Microsoft for the privilege of not getting sued. I'm betting a good deal of those patents are likely stupid things that had been in other operating systems before MS copied and patented them.

    --
    Lost at C:>. Found at C.
    1. Re:That's messed up ... by SharkLaser · · Score: 1, Insightful

      So, Microsoft is getting paid for every Android device sold in the US ...

      And people think the patent system isn't broken.

      How does that mean the patent system is broken? Microsoft is just collecting royalties on technology they invented and developed. That is the entire reason patent system is established - so that other companies can use technology invented by other companies who would otherwise keep the details secret.

    2. Re:That's messed up ... by Anonymous Coward · · Score: 2, Interesting

      This is why it should be required to disclose offending patents whenever you go to another person and say "hey. your product infringes on my patents. Pay me or I'll force you to spend millions defending yourself in court."

      Because if you're NOT willing to disclose what patents of yours are being infringed upon, it's fucking obvious you either:

      1. Know the patents you hold are trivial and will get thrown out on a review.

      2. Know the patents are weak, and that the offending company can EASILY change the code such that they don't infringe anymore.

    3. Re:That's messed up ... by Anonymous Coward · · Score: 3, Insightful

      What do you mean? Microsoft doesn't even tell them what patents are being infringed, but they have a large number of them so everyone is scared that they really do have something valid. Should that be allowed?

    4. Re:That's messed up ... by Anonymous Coward · · Score: 1

      Sure, they invented that technology, but they had plenty of time to get back their moneys worth. Besides, you're missing the point, a lot of patents shouldn't exist in the first place period. Companies don't fight back, because they need to release the product now, not months or years later if that's how much it takes them to win in court.

    5. Re:That's messed up ... by gstoddart · · Score: 5, Insightful

      How does that mean the patent system is broken? Microsoft is just collecting royalties on technology they invented and developed.

      That's one theory ... but since Microsoft has never publicly identified all of the patents, just how many of them would be valid, and how many of them would be technology which had been invented by someone else?

      You have to figure, pretty much anything which had been in Berkely UNIX shouldn't be patentable because we all know about it ... anything which was widely taught in schools and in text books shouldn't be patentable because it was common knowledge and available to any "skilled practitioner" ... anything which had been implemented in another OS before MS had it shouldn't be patentable because of prior art.

      If this is truly technology that Microsoft solely created from scratch, then maybe ... but if they copied something else that had been done before (which, isn't exactly unprecedented) then all they've done is co-opt someone else's invention by patenting it first.

      so that other companies can use technology invented by other companies who would otherwise keep the details secret.

      My problem is that MS wants to have their cake and eat it too ... they regularly insinuate that Linux violates its patents, but they won't say which ones are being violated. So, they are keeping it secret and then suing over it.

      So, Microsoft patents stuff that might make many of us want to march on the Patent Office with torches and pitchforks because we learned it in first year CS class.

      I'm sorry, but the USPTO is staffed with morons who are pushing through patents and collecting fees for it, Microsoft hasn't offered up full public disclosure to which patents are being infringed, and, let's face it, just because Microsoft has more lawyers doesn't mean they're playing within the rules of the game.

      So, on face value ... I don't have enough information to know what they claim is being violated, and I don't have enough trust in any large corporation to take them at their word.

      But we all know that absolutely stupid things get granted patents, and those often cover things that have been around for a long time and had already been done by someone else.

      So, unless you have any actual information to suggest all of these patents are 100% MS invented, and wouldn't be invalidated by a court challenge ... you're just assuming they're all good. For those of us who remember the MS of the 80's ... well, I'm not willing to extend them the benefit of the doubt on this.

      --
      Lost at C:>. Found at C.
    6. Re:That's messed up ... by Anonymous Coward · · Score: 1

      Except, of course, that these patents aren't actually known due to the way Microsoft goes about its business making deals in private under threat of heavy litigation, and leaves other Linux-using vendors with no way to implement their own alternative solutions.

      I don't see how this can't be seen as a misuse of the patent-system, which is meant to trade the ability to profit from one's inventions for bringing those inventions out in the open. Right now Microsoft has effictively found a loophole around it, and is using it's patents - trivial or not - as little boobytraps embedded in the Linux source, making it very hard to anyone to actually use Linux without living in fear of Microsoft's army of lawyers.

      It's as genius as it is a vile abuse of the patent-system.

    7. Re:That's messed up ... by HerculesMO · · Score: 1

      If we could mod up higher than 5, I'd do it.

      People hate MS so much here that they fail to realize this is actually not a bad thing. Granted, patent reform is needed, but this wouldn't be changed even under a good patent reform. They made the tech, they licensed it, people pay for it. That's just how it works.

      --
      The price is always right if someone else is paying.
    8. Re:That's messed up ... by Sir_Sri · · Score: 1

      The main patents that always come up here, is in being able to understand long file names on Windows. See, if you're only ever running linux by itself that would be one thing, but if you want to connect it to a windows machine, whether that's an Android device, which is sync'd with windows, or with a Linux computer that is talking to Windows over the network you're now directly into something that is reasonable for MS to patent, which is how to talk to their own product. And probably 90% (or some clearly knowable number to the manufacturers) of Android devices connect to a windows machine.

      That isn't to suggest there probably aren't other patents at play. Microsoft makes a whole operating system, which is a competing product to linux. If I make a car, or an aircraft or whatever and someone comes along making cars, or aircraft, or whatever, they're directly competing with my business, which is why there are patents anyway.

      Telsa motors learned the hard way that if you sell 1000 cars none of the big auto makers give a shit, but if you look like you're going to sell 100 000 cars they want you to licence their windshield wipers (seriously), along with thousands of other things they patented. And suddenly your price points aren't what you were expecting. All the big auto makers have exchanges back and forth, which probably include money, and if you're going to try and be a big player in the market, you need to deal with them. MS is no different. You may not *like* their operating system, but it is an operating system, they have thousands of people working on it, and they have (where software is patentable) a right to protect their innovations.

      It's not microsofts job to tell you what patents you're infringing. It's your job when building a product to acquire the licences. I'm not sure there's a good way to build that system to fairly burden anyone, but that's the one you have, so you do your due diligence or you take your chances with lawyers. It really doesn't matter what patents are infringing to you anyway, unless you're a lawyer for someone in these negotiations, you can claim a patent is obvious and shouldn't be patentable all you want, your opinion is worth less than a comment post on digg, the only opinions that matter are those of the people who are actually arguing, negotiating and deciding the cases.

    9. Re:That's messed up ... by Anonymous Coward · · Score: 1
    10. Re:That's messed up ... by Missing.Matter · · Score: 1

      And people think the patent system isn't broken.

      Huh? This is exactly what the patent system is for. Microsoft developed some technology and filed a patent. They were granted that patent. They sell devices in the mobile sector that ostensibly use these patents. A competing product is taking advantage of these technologies without licensing them. Microsoft has entered into agreements with these companies to allow them to continue making money while paying their fair share for technology they are not otherwise supposed to use

      I'm betting a good deal of those patents are likely stupid things that had been in other operating systems before MS copied and patented them.

      Pure conjecture based on personal bias. Let's ask some multinational mega corporations who've actually seen the patents whether they think they're baseless and flimsy: Huawei, Wistron, General Dynamics, Itronix,Velocity Micro, Onkyo, Acer, Viewsonic, Quanta, Samsung, and now LG all have seen the patents and they all have come to the conclusion that the deal Microsoft is offering is fair. I suppose we'll take your uninformed opinion instead, though.

    11. Re:That's messed up ... by Anonymous Coward · · Score: 0

      Yeah, well if you shuffle over to Groklaw, and look at the info on Barnes and Noble's complaint against Microsoft, those patents are either not related to Android, or at best a de minimis constituent. Microsoft's just engaging in barratry, in my non-lawyer's opinion.

      And, anyway, there's a requirement for marking products that implement patents. Not marking, or wrongly marking can cause you trouble. It'd be interesting to see how these things are marked...

    12. Re:That's messed up ... by tokul · · Score: 1

      They made the tech, they licensed it, people pay for it

      Microsoft is mostly software company. They haven't made any tech. They threatened companies with patents about some software process and software is not invented. Give two unrelated developers same task and they will come up with very similar solutions.

    13. Re:That's messed up ... by Sir_Sri · · Score: 2

      What makes you think they don't have to disclose which patents are covered? They don't have to discuss it publicly, but I'm sure MS buries LG and Samsung and Google et. al. in paperwork about just which patents are infringed on.

      But neither party really wants to give up how they're doing things. Samsung doesn't really want to say 'we might be violating this patent on an implementation of some icon technology' because that tells all of their competitors that might be a better way to do things, and might be worth getting a licence for.

      You don't usually patent code, you patent ideas and algorithms - just because I can easily change the code doesn't necessarily mean I've changed the algorithm, and if I picked the previous algorithm for a reason re-inventing it might be tricky if I want to match the performance. You don't patent a specific implementation of an idea.

    14. Re:That's messed up ... by Baloroth · · Score: 1

      What inventions, exactly? If it is something like a compact power-efficient cell radio, then fine. If it is something like "method for displaying notifications of newly received email", then that doesn't even count as an "invention" (unless it is something like "notification by direct brain-link", but I very much doubt that) by any reasonable standard. The problem is it could be either of those two kinds of things: MS isn't saying and they aren't letting anyone else say either, which is extremely fishy. And the system is broken enough that it certainly could be as stupid as "a phone with a color screen." We have no way of knowing, and given the circumstances (MS and an NDA) it is logical to assume the stupid kind of "invention."

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    15. Re:That's messed up ... by Nadaka · · Score: 1

      It may not be a comprehensive list, but here you go.

      http://androidcommunity.com/barnes-noble-reveals-microsofts-android-patents-in-detail-20111114/

    16. Re:That's messed up ... by Anonymous Coward · · Score: 0

      The companies that didn't fight back didn't plan ahead very well if they need to infringe on someone else's patent just to get their product out NOW, and make money. They can wait, or do their own research and development, or just pay the patent owners, which it appears they are doing. They still make a profit, right? Otherwise they wouldn't be around to complain.

      Everyone is so upset because Microsoft patented things and is now reaping the rewards of their efforts. Shame on them. /sarcasm

    17. Re:That's messed up ... by Anonymous Coward · · Score: 0

      Invented and developed means an actual product, sold in stores, for me. How can other companies be using ( = copy) a "technology" invented by Microsoft if MS is not even willing to openly disclose what is in those patents?

    18. Re:That's messed up ... by Anonymous Coward · · Score: 0

      Probably something to do with FAT long filenames...

    19. Re:That's messed up ... by olau · · Score: 1

      I know people here don't RTFA, but you could at least read the comment you're replying to in full. If these patents are hogwash and Microsoft is really strong-arming the vendors here, the system is very broken indeed.

      That's of course speculation, but on the other hand why is it that we can't get to know which patents are involved?

    20. Re:That's messed up ... by gstoddart · · Score: 1

      Pure conjecture based on personal bias. Let's ask some multinational mega corporations who've actually seen the patents

      Why, yes .... why don't we look at the information Barnes and Noble made public, and the detailed analysis done by Groklaw on the topic? That will be fun.

      Why don't you educate yourself a little on the topic before you blindly go about accusing me of personal bias and an uninformed opinion ... because clearly you're lacking a lot of information yourself.

      So, let's look at the analysis by people who know more about law than you or I:

      But now I'll show you the other exhibits, Exhibits A, B, D, E and F, so you can get the full picture of what Barnes & Noble is accusing Microsoft of doing. Take a look especially at Exhibit D, where there is a long detailing of the incredibly insignificant patents Microsoft has the nerve to use against Android, claiming control of the entire operating system with what is pretty much a handful of stupid patents no one really needs or which are so trivial that the fees it claims become outrageous. At least that is Barnes & Noble's position. It made my blood boil to read it. As always, if you shouldn't look at patents, don't click to read the rest of the article.

      Maybe it's you who knows less about this than you think? Because most of these patents are trivial, likely invalid, and the claims being made by Microsoft don't hold water. Like this little nugget:

      In sum, Barnes & Noble maintains that the '372 patent inadequately describes a technique for downloading and displaying an electronic document having an embedded background image, and is anticipated and unpatentable in any event because the very functionality it purports to claim was already provided by a prior art Netscape browser before Microsoft filed its patent application.

      Or this

      The '536 and '853 patents relate to another minor feature, namely simulating mouse inputs using non-mouse devices. The '853 patent misrepresented the state of the art at the time the patent was filed by stating that "a need exists for permitting a user to perform all operations of a mouse-type device using a stylus." This, however is demonstrably incorrect. The '536 and '853 patents were filed in November 2000. Long before that time, numerous systems had been developed that enabled computer users to simulate mouse behavior with touch input devices.

      But, hey, you feel free to believe everything Microsoft says as infallible truth. Unless you have facts, you're the one talking out of your ass.

      I have a reasonable degree of confidence that these claims have been looked at, and there is strong reason to believe that much of what is being claimed falls into the category of really weak (and sketchy) patents.

      --
      Lost at C:>. Found at C.
    21. Re:That's messed up ... by Attila+Dimedici · · Score: 2

      Except that Microsoft is being hush hush about what patents are involved, meaning that even if the patents in question are valid Microsoft is trying to hide them from others so that those others cannot find a way to avoid infringing on them. That does not help innovation in any way (the purpose of patents in the US).
      Additionally, the fact that B&N has chosen to fight Microsoft on this suggests that there is something wrong going on here. B&N is the only company that MS has approached so far that has no particular interest in building a device (either presently, or in the future) that runs a Microsoft OS, which suggests that the other companies have settled in order to keep relationships with Microsoft on a positive footing, rather than because the MS patents are anything worth mentioning.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    22. Re:That's messed up ... by s73v3r · · Score: 1

      Microsoft is just collecting royalties on technology they invented and developed.

      No, Microsoft is bullying other companies because they are bigger. There's no evidence whatsoever that your statement is true.

    23. Re:That's messed up ... by Tran · · Score: 1

      Remind me again if ideas and algorithms are patentable.
      I was under the impression one had to have fairly concrete implementations to patent something.

      I know there is a discussion vis a vis algorithms in this regard ( all algorithms are math and math is not patentable).

      Business processes are generally specific implementations of ideas, so those unfortunately have been patentable. But the general idea has not. ( ie (semi-fictitious example) in this process we use cooling to finish the product to achieve xyz was not patentable, but ...we use cooling using vaporizing liquid nitrogen through this kind of machinery was patentable. In the case I know about, using an alternate cooling process was sufficient to avoid patent issues) .

      YMMV IANAL

    24. Re:That's messed up ... by Anonymous Coward · · Score: 0

      How do you know Microsoft doesn't tell them?

      They told B&N otherwise we wouldn't know the list of patents.

    25. Re:That's messed up ... by Locutus · · Score: 2

      look at all the stories on the what Microsoft has done with Barnes & Noble regarding patent IP and Android. This is the trickery they use and the big issue BN is having is the price they want for a small element of the over OS. ie they want as much or more than they charge for licensing their entire Windows CE OS.

      Also notice that those who have signed all have some form of other licensing arrangement with Microsoft and therefore they can strong arm them with threats of denying those other licenses or something like that. Barnes & Noble does not license any Microsoft software nor does Motorola Mobility that I know of. Do you notice Motorola Mobility is not doing Windows Phone 7.x and even claimed they would no longer be doing Windows Phone phones well before the Google purchase.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    26. Re:That's messed up ... by Macthorpe · · Score: 1

      There's no evidence that yours is, either.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    27. Re:That's messed up ... by Macthorpe · · Score: 1

      Yes, they are required to disclose them, which is what they do. If they have a licensing agreement, they disclose them to the people signing the agreement before they sign and before they pay anything. If they don't license them, they become public knowledge via court documents when they go to court.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    28. Re:That's messed up ... by Macthorpe · · Score: 1

      I was going to reply but this is absolutely spot on. Everyone is in up in arms claiming that Microsoft has something to hide - this is true, in the same way everyone else does. The patents are disclosed at the appropriate times to the appropriate people.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    29. Re:That's messed up ... by Anonymous Coward · · Score: 0

      You have facts coloured by incredibly biased commentary. I'm not sure your post is better or more informative.

    30. Re:That's messed up ... by s73v3r · · Score: 1

      Actually, there is, given that Microsoft is a bigger company than most of the others.

    31. Re:That's messed up ... by Trogre · · Score: 1

      We need to treat Microsoft as the damage they are and, in Internet fashion, route around them.

      The only place I can think of to start, apart from boycotts and legal action (both of which are lost causes IMO) is to purchase cheap knock-offs that are not so encumbered.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  7. Re:lol slashdot by Linzer · · Score: 2

    "OMG MICROSOFT IS MAKING MONEY"

    Actually, some of the more reasonable /. readers would probably find this a lot less objectionable if it was a case of Microsoft making money by selling Microsoft products.

    --
    Gravitation is a theory, not a fact.
  8. MS Tax by Anonymous Coward · · Score: 0

    This puts me beyond hate of MS. It's another form of MS tax.

    1. Re:MS Tax by kthreadd · · Score: 1

      How so? If Microsoft owns patents used by the product you're making you either license the patent or do something else.

    2. Re:MS Tax by geminidomino · · Score: 3, Insightful

      See the many clarifications above. If they were legitimate patents, they would't be playing this stupid black-box bullshit.

      I'm hoping the BN Nook suit actually gets this list into the public record already. I'm sure some intern at Google could probably code around them in about 25 minutes, by the way they're insisting that the list is sooper sekret.

    3. Re:MS Tax by Anonymous Coward · · Score: 1

      hate

      It might be time to get off the internet and get some fresh air.

  9. I'm guessing it's related to FAT32 by Markos · · Score: 4, Informative

    If it is indeed for the file system, then it's understandable.

    1. Re:I'm guessing it's related to FAT32 by PCM2 · · Score: 3, Insightful

      If it is indeed for the file system, then it's understandable.

      Good guess. I hadn't thought of that.

      Now, if by "understandable" you mean "comprehensible," then sure. But how is it reasonable? From the article (by Bruce Perens):

      Indeed, the FAT patents have been invalidated for being non-innovative in Germany, and only survived invalidation in the U.S. through a patent office appeal in which opponents were not allowed to participate. It would take a trial in court to finally settle the issue, a trial that Microsoft would likely have lost.

      But justice is too expensive. A trial to invalidate the eight patents Microsoft brought against TomTom, none of them poster-boys for innovation, would have cost more than TomTom had to spend, perhaps in excess of $10 million dollars.

      --
      Breakfast served all day!
    2. Re:I'm guessing it's related to FAT32 by Markos · · Score: 1

      Don't get me wrong, I still think it's a load of bollocks.

    3. Re:I'm guessing it's related to FAT32 by Anonymous Coward · · Score: 0

      Look at the Barnes and Noble litigation for a list of the patents they are using as their baseball bats. They are all jokes, most of them are patents for things that were done in Netscape Navigator years before the patents were submitted. Things like using something not a mouse as though it were a mouse. Putting a place holder on screen for a graphic while the graphic is loading, etc...

      All jokes, none valid. Wait and watch. Gonna love watching Microsoft get burned.... big and bad...

      You bring the sticks, I'll grab the marshmallows. Though I'm not sure how many fractions of a second marshmallows will last when exposed to thermite.

    4. Re:I'm guessing it's related to FAT32 by rastoboy29 · · Score: 1

      No, it's still asinine.

      Or is FAT32 so innovative?

  10. Re:lol slashdot by RightSaidFred99 · · Score: 1

    Yeah, but both of those guys are at work right now, so it wouldn't really matter.

  11. And they think companies will use Windows Mobile? by vinn · · Score: 2

    Ok, let me see if I got this right: they're extorting patent royalties from third party mobile vendors. They're almost certainly making them sign a contract with a time commitment on it. Then later this year they expect these same mobile vendors to ditch Android development and use Windows Mobile instead? All the while they need to continue paying the extortion.

    Yeah... that's gonna work well. It virtually guarantees Windows 8 on a mobile device is DOA.

    --
    ----- obSig
  12. This kind of stuff needs to stop by Anon-Admin · · Score: 2

    One of the patents that Microsoft uses in these type cases is “loading status in a hypermedia browser having a limited available display area” Seems to me this is way too vague to be a valid patent.

    Here is a link to the actual patent http://www.patents4software.com/wp-content/uploads/2011/04/6339780.pdf

    1. Re:This kind of stuff needs to stop by snowgirl · · Score: 1

      One of the patents that Microsoft uses in these type cases is “loading status in a hypermedia browser having a limited available display area” Seems to me this is way too vague to be a valid patent.

      Here is a link to the actual patent http://www.patents4software.com/wp-content/uploads/2011/04/6339780.pdf

      I prefer the patent that Microsoft has on tabbing through hyperlinks in a browser.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    2. Re:This kind of stuff needs to stop by dkleinsc · · Score: 1

      And here I was thinking it was their well-known patent on creating computer software out of 1's and 0's.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  13. If they disclose it would be easier to cope with by G3ckoG33k · · Score: 5, Insightful

    " Microsoft owns the patents based on years of R&D (Microsoft Research is the largest R&D center on the industry) and they legally ask for companies to pay to use their patented technology."

    How do you know they own the patent? Because LG paid? That is not an argument.

    "Microsoft owns the patents based on years of R&D (Microsoft Research is the largest R&D center on the industry) and they legally ask for companies to pay to use their patented technology."

    If they disclose it would be easier to cope with. Maybe one can remove any offending code, but one is not given the chance to do that...

    This is why their tactics are bad.

    Maybe someone came up with the idea, without consulting their R&D's ideas. Regardless of how many billions Microsoft poured into it.

    That is only one reason why Microsoft sucks and why it approaches extortion.

  14. FAT by Anonymous Coward · · Score: 1

    If it's FAT, why not use a free filesystem (ext2 would do) and provide a driver for Windows users? This could slowly convert the market away from that horrible filesystem for which MS is still collecting patent fees (which in itself is ridiculous, I mean look at that "filesystem"!!!). Even if I want I can currently not use any other filesystem for the SD card on my HTC Android device. That's where the madness is.

    1. Re:FAT by FaxeTheCat · · Score: 1

      Because the FAT licenses are actually quite cheap per unit at the level these companies are working, probably cheaper than supporting ext2 or whatever on Windows.
      According to available information, the cost is $0.25 per unit up to a maximum of $250K. Most likely they reached that years ago, so using FAT has no additional cost for them.

    2. Re:FAT by Dr_Barnowl · · Score: 1

      Compatibility.

      What happens when you take that card out and slot it into your Windows laptop? If it's formatted with ext2, nothing. Yes, there are ext2 drivers for Windows, but average people aren't going to know that, much less install them. Using FAT / FAT32 makes your filesystem compatible with every operating system out there, meaning that you can yank the card and transfer files to or from anyone, not just people who installed the drivers.

      And not everyone will be able to install the drivers - corporate users, etc.

      Network effects are the winner again here ; it's the reason they bought Skype, so they could control another defacto standard.

      It might be better to support UDF rather than ext2

    3. Re:FAT by bzipitidoo · · Score: 3, Informative

      I've tried running Windows with an ext2 file system. Windows can read other file systems with help from drivers, but it's never 100% compatible. When I tried it, it was also a pain to use, because you had to remember to manually start the driver after booting up. And still need NTFS or FAT to boot.

      MS of course prefers that it not be easy to use a different file system. I keep hoping their loser business strategies will eventually send them into bankruptcy. It would serve them right. But there is still an amazing amount of blind love for MS out there. Apple also gets way more love than they deserve.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
  15. hey... wait a second... this seems familiar by Thud457 · · Score: 1

    Isn't this just that hoary old SCO troll? Microsoft's just dropped the pretense of using a sockpuppet to do it's shakedowns. And should be treated the same.


    DON'T FORGET TO PAY YOUR $699 LICENSING FEE YOU COCKSMOKING TEABAGGERS!!!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  16. Re:And they think companies will use Windows Mobil by Anonymous Coward · · Score: 3, Interesting

    They don't give a damn if companies use WM...they don't need them to. WM exists so that they have a platform on which to use their patented technologies so as to avoid appearing to be a blatant troll. The real money is in doing nothing and getting paid for it via ridiculous patent law.

  17. You are making some assumptions by Anonymous Coward · · Score: 5, Insightful

    Sure, if you take it as a given that Google is lying and Microsoft is telling the truth, your post becomes reasonable.

    1. Google does not believe that Android infringes any Microsoft patents.
    2. Neither this nor any of the other licensing agreements reveal what MS patents are used in Android.
    3. When Barnes and Noble was approached by Microsoft to make such a deal, MS refused to even tell B&N what patents were involved, and how they were being infringed. It was "trust us, your product infringes big-time, so pay up".
    4. B&N told MS they wouldn't agree to anything without specifics. MS showed them the allegedly infringed patents, B&N laughed their asses off and revealed to the world, and told mighty MS "go ahead and sue us and see where it gets you". MS is now suing B&N, and B&N has filed antitrust complaints against MS.
    5. Even if you take the most pro-MS view possible, the MS patents revealed by B&N cover a tiny subset of Android's capabilities. Yet MS demanded higher licensing fees for use of these patents than what they charge to use all of Windows Phone 7.

    Put it this way - do you honestly believe that Microsoft Research laid the groundwork for Android? Do you believe Android developers paid any attention to any "patented inventions" from Microsoft?

    I can't tell whether you are a) a shill b) hopelessly naive or c) sarcastic. I certainly hope it's c).

    1. Re:You are making some assumptions by Renderer+of+Evil · · Score: 4, Funny

      Put it this way - do you honestly believe that Microsoft Research laid the groundwork for Android?

      No, that would be Apple.

    2. Re:You are making some assumptions by Hognoxious · · Score: 2

      No, that'd be roundwork. Those corners, aren't they just devaaiiiiiiine!"

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:You are making some assumptions by Anonymous Coward · · Score: 0

      Factoring in that Android used the stop-unless-needed form of multitasking and the swipe down notification system first...

      If what you say is true, then the groundwork for the third and consequential years has been laid by Google.

      Tit for tat.

    4. Re:You are making some assumptions by Anonymous Coward · · Score: 0

      1. Are you are suggesting that google has already poured over all the android code and cross referenced it with all known Microsoft patents? They probably have not, so their opinion is irrelevant currently.

      2. Correct.

      3. False.

      4. Mostly correct. The shows B&N was they claimed was a sample of the infringed patents. B&N is a corporation, and therefor has no ass to laugh off, but they did decide to go to court over it.

      5. False. The license fees are not more than what they charge to use Windows Phone 7.

    5. Re:You are making some assumptions by MatthiasF · · Score: 1

      The ghost of Steve Job's called and left a message. It reads, and I quote:

      I WILL DESTROY YOU!!

    6. Re:You are making some assumptions by Anonymous Coward · · Score: 0

      Microsoft Research laid the groundwork for Apple.

    7. Re:You are making some assumptions by Anonymous Coward · · Score: 0

      No, that would be Linux.

      I would even put forth the idea that Linux laid much of the groudwork for iOS.

      and of course Unix and many other technologies formed the bedrock for all of this.

      What were we arguing?

  18. Or ... by tomhudson · · Score: 0

    7. They weren't smart enough to pull and Apple and base their products on BSD instead of Linux.

    BSD-style licensing means they could have kept the entire source closed, making it MUCH harder for any outsider to demand royalties (not to mention the whole "you don't see people suing over BSD any more" angle).

    How many companies would be suing Microsoft if all their code was open to inspection?

    1. Re:Or ... by Anonymous Coward · · Score: 0

      How many companies would be suing Microsoft if all their code was open to inspection?

      All of them ?

  19. Re:If they disclose it would be easier to cope wit by Barsteward · · Score: 4, Interesting

    yep, i think the reason is more like"You currently have a microsoft licence - want to keep it???"

    --
    "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
  20. Nice to see Microsoft using the rope .... by Anonymous Coward · · Score: 0

    Once they hit the end of it, their neck ought to snap like a dry twig.

    Extortion, monopolistic activities.. It will be nice when MS gets handed a 30 billion dollar fine (per manufacturer they bullied) and are forced out of the mobile market forever.

  21. This has been going on for a while by cerealito · · Score: 1

    It is not only LG but also HTC and Samsung. A few months ago I read in ars technica that Microsoft might be collecting royalties from around 50% of all android devices: http://arstechnica.com/microsoft/news/2011/10/microsoft-collects-license-fees-on-50-of-android-devices-tells-google-to-wake-up.ars

  22. Re:If they disclose it would be easier to cope wit by Anonymous Coward · · Score: 0

    +1

  23. slow news day? by markhahn · · Score: 1

    this doesn't really seem worth noting, since many companies have many licensing agreements. it's just a way for business people to do some risk mitigation, since the patent system is so broken as to make actually producing a product a game of russian roulette. this kind of licensing is just a way to trade a little money for the guarantee that there are fewer bullets in the revolver. sure, it's extortion, but so is most risk mitigation.

    unfortunately, the idiotic MBA-driven approach that gives rise to this is amoral, so such companies face the moral hazard of having engaged in risk mitigation. not only is it not their money, but can be spun to the public as good stewardship. when in reality, it's just cowardice and unwillingness to stand up and make IP reform happen NOW.

  24. Re:lol slashdot by Jeng · · Score: 0

    Your comment confuses me.

    I'm posting from work, the only place boring enough for me to find slashdot entertaining.

    Are you saying that there are members of slashdot who not only do not look at slashdot while working, but they instead spend their precious off time to look at slashdot?

    --
    Don't know something? Look it up. Still don't know? Then ask.
  25. Customer advocacy groups should sue microsoft. by unity100 · · Score: 1

    For this is extortion now, basically. They are increasing the cost that reflects on the customer by patent threats that may or may not be valid.

  26. which idiot modded parent up ? by unity100 · · Score: 1

    someone who is not aware that microsoft is NOT disclosing any of the 'infringements' or patents and extorting money on THREATS alone, should not talk in this discussion.

    microsoft's act is no different from someone coming to your restaurant and demanding money by saying that you damaged his business by using his ideas.

    1. Re:which idiot modded parent up ? by PIBM · · Score: 1

      If you've read about the B&N fiasco, you'd know that they did disclose 6 patents that they were willing to license, but when they failed to reach an agreement, microsoft sue with 5 patents, including only 1 they were trying to license. That's totally different than what you were saying, although it's quite wrong that they do try to license specific patents while holding back some to sue you with should the need arise. I'd expect such agreement to prevent any further litigation in a specific time period though.

    2. Re:which idiot modded parent up ? by Anonymous Coward · · Score: 0

      Licensing agreements are not threats and extortion. Unless you were actually present at the meetings between Microsoft and LG, in which case you're breaking the law by even posting here, I would shut the fuck up.

    3. Re:which idiot modded parent up ? by unity100 · · Score: 1

      'licensing' something by THREATENING to sue to oblivion by showing shaky stuff that would not hold in court, but still succeed in draining both companies' financial resources due to the shitty american judicial system for years, to see who went bankrupt or unviable first, IS extortion. what happens in such a situation - you guessed right !! the one with the greater wealth, wins. either by court, or, by attrition. not to mention that microsoft is a u.s. based company, and LG would be playing in foreign ground.

      i would shut the fuck up, if i did not understand what 'extortion' was. you, apparently dont.

  27. Re:And they think companies will use Windows Mobil by TheoCryst · · Score: 2

    I think this is a big reason why the Nokia deal is so important to Microsoft. In pretty much every aspect, it appears that Microsoft is ultimately trying to push Nokia+WinPhone as a product in and of itself, with little thought given to the OEMs. In my humble opinion, this is the right strategy. Microsoft can't (and doesn't want) to compete with Android directly, since they'd be going up against an entrenched and inexpensive foe with whom the carriers and OEMs already have a strong relationship. And after Windows's dominance in the 90s, they know exactly how futile competing against that can be.

    But by betting heavily on Nokia, Microsoft has guaranteed themselves a partner who will build hardware specifically tailored to their OS (and vice versa) and who will never have to choose between putting marketing dollars behind Windows Phone or Android.

    --
    Warning: Contents May Be Flammable. Keep Out Of Reach Of Children.
  28. Why? by JustNiz · · Score: 2

    I can't understand why all the companies that Microsoft is blackmailing, especially Google, don't form a cohesive group to fight back. At least to finally oblige Microsoft to reveal the actual details of whatever their supposed Linux/Android copyrighht claim is.

    1. Re:Why? by Dr_Barnowl · · Score: 1

      Probably because the NDA they signed forbids them from discussing the patents with other companies. If they even discussed which patents each party was going to work on invalidating, they would violate the NDA and be in breach of contract.

  29. Pirate everything. by unity100 · · Score: 4, Interesting

    That is basically what it came down to. Microsoft is basically making everyone pay to them regardless of what they do - even if you use linux, you have to pay them. and they are doing these on THREATS of litigation and do not even feel the need to actually show their patents. they are not suing anyone either - they are threatening to.

    this is extortion. period. there is no other explanation or definition for it.

    so, basically we are going to end up having paid to microsoft, EVEN if i do NOT use microsoft products, because microsoft was successful in threatening the producers to pay them out of fear.

    i dont approve that. i choose a product, when i choose a product. if i was going to choose a microsoft product, i would do so. when i have not chosen a microsoft product, that means i have NOT chosen to PAY them.

    if they take my money through ANY means out of my own choices, then it means they are robbing me. period.

    i dont see any other option but to pirate, to get my money back, which was taken away from me through these illegal means.

    the problem is, most of microsoft's products are crap, and i evade them as much as possible. so, what am i going to do now, since i am being cashed by microsoft even when i do NOT use their product ? pirate the other software which was supposed to be NOT microsoft ? this is a pinch.

    1. Re:Pirate everything. by Anonymous Coward · · Score: 0

      Thank God you're not working in economics.

    2. Re:Pirate everything. by Anonymous Coward · · Score: 0

      Thank god you're not working anywhere.

    3. Re:Pirate everything. by Anonymous Coward · · Score: 0

      Touché

    4. Re:Pirate everything. by Anonymous Coward · · Score: 0

      I don't understand why people like windows 7 so much. It sucks, locks up for extended periods of time and has completely failed on multiple occasions on multiple PCs which friends and family alike expect me to explain to them why it doesn't work like my Linux based home theater setup.

    5. Re:Pirate everything. by SleazyRidr · · Score: 1

      through these illegal means

      You may not agree with them, but they are legal. Microsoft invests in R&D and gets patents. Other companies use the technologies that Microsoft has developed, so they must pay Microsoft for the privilege.

      If you disagree with this the correct response is to work to change the system.

    6. Re:Pirate everything. by unity100 · · Score: 2

      'legal' is only valid when you actually show what you claim. if you dont, it is just threatening.

    7. Re:Pirate everything. by Anonymous Coward · · Score: 0

      When you spend money, you no longer have ownership of that money. It is gone. By the very definition of what it means to buy something.

      And zealots wonder why no one takes them seriously.

  30. i dont know whether you are stupid or not. by unity100 · · Score: 3, Insightful

    Microsoft alleges that their patents are violated. they do NOT show, or say, or even let you peek at what patents were violated. they may basically be bluffing, and there is no way to know that. you cant sue them for their own patents either. they dont sue anyone, ending up having to show their patents either. they are just THREATENING to sue, and extorting money over their alleged patents. we do not even know whether they have patents or not.

    1. Re:i dont know whether you are stupid or not. by PIBM · · Score: 0

      we do not even know whether they have patents or not.

      Just check http://yro.slashdot.org/story/12/01/11/225212/ibm-tops-most-patents-list-for-19th-straight-year

      They were 6th this year on the most patents awarded list, so I guess they have patents. Do they all apply to the devices ? Certainly not. Are they all bulletproof ? I don't think so either. But the sheer number of patents to look at is enormous.

      I've done a project where we started looking at other patents, to know if we'd be able to patent our idea.. well, it turns out that we dropped it all, there was just too much of them, and it was much safer not to look at them and do it anyway: in case of problem it would cost us much less as we did not yet know if we'd infringe on something or not which reduce the fees should it go to court.

    2. Re:i dont know whether you are stupid or not. by unity100 · · Score: 1

      having 'enormous' number of patents, does NOT mean that you can just go about threatening people saying you have patents and NOT showing the patents. they showed the patents to barnes and noble. and what happened ? b&n laughed. now they are taking microsoft to court over monopoly practice.

    3. Re:i dont know whether you are stupid or not. by PIBM · · Score: 1

      And you think that they only showed them to B&N, yet the others paid out ?

    4. Re:i dont know whether you are stupid or not. by unity100 · · Score: 1

      so ?

      almost all restaurant owners pay to someone for 'protection'... does that mean that those who are extorting money from them, are right ?

      no. it just shows that the restaurant owner cannot risk their business being disrupted. and wants to concentrate on their business, instead of fighting some thugs in the streets.

      replace word 'thug' with microsoft, and 'streets' with 'courts', and youll get the same picture. and when you considerd that the court system in u.s. is a much bigger hellhole for businesses than a back alley in brooklyn, you get the idea.

    5. Re:i dont know whether you are stupid or not. by Hognoxious · · Score: 1

      I've done a project where we started looking at other patents, to know if we'd be able to patent our idea.. well, it turns out that we dropped it all

      Wise decision, because you can't patent ideas.

      Why do fuckheads like you keep spreading this shit?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    6. Re:i dont know whether you are stupid or not. by PIBM · · Score: 1

      It has to start somewhere. What was once an idea became the computer!

  31. The Worst Part of This by Nom+du+Keyboard · · Score: 2

    The worst part of this was revealed by Barnes & Nobel when they said that part of the demanded secret licensing agreement was that it gave Microsoft design approval over future devices. That should never have been agreed to, or allowed. Giving Microsoft that power allows them to control the entire future progress of the Android hardware ecosystem, meaning that they could cripple future Android hardware because their Windows phone is not competitive. It would be like AMD not being allowed to release new processors without Intel approval. If that had ever happened do you think that AMD64 would have ever seen the light of day?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:The Worst Part of This by Anonymous Coward · · Score: 0

      Then the much improved IA-64 would actually have taken off and we would not have the horrible mess that AMD64 is.

  32. Can Microsoft be seen as a Patent Troll? by Anonymous Coward · · Score: 0

    If a company makes significant profits from licensing patents to other companies, and suing them if they don't license. And the company's own product barely makes a dent in the market... Can the company be seen as a Patent Troll?

  33. Not the deal, dumbass by Anonymous Coward · · Score: 1, Insightful

    The patents.

    The missing matter seems to be from between your ears.

    The patents are public knowledge. That's how they ARE.

    We don't want to know what the deal WAS, we want to know what the patents ARE. So we can, for example, avoid using them.

    Dipshit.

  34. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  35. Not necessarily bullying by Anonymous Coward · · Score: 1

    Given how ludicrous this situation appears to be - especially since the low quality of the patents in question have come to light in the B&N case - I'd suggest here's more to it than MS simply blackmailing competitors.

    It seem plausible to me that MS is making some kind of deal with LG (and Samsung, and the rest of them) related to developing WP7 devices(possibly), a minor part of which also includes them getting licenses for MS's patents. Its seems more likely that MS is going to LG saying "Here, have a truckload of cash, please make Windows phones - oh and we'll throw in some patent licenses". MS is then spinning that - purely for FUD reasons - to make it look like LG is licensing the patents because they think they need to.

    Yes, LG now has licenses for the patents, but that may not be while the deal took place. From MS's point of view, they get a hardware partner, and spread more FUD about android.

    Speculation of course - but i think there's got to be more to it than straight-up bullying. I mean, Samsung capitulated pretty quickly - and by all accounts, they *love* lawsuits.

    Either way, MS's behaviour is just pathetic and embarrassing.

  36. Bullied? by jamesl · · Score: 1

    LG bullied by Microsoft?

    LG Electronics plays an active role in world markets with its assertive global business policy. As a result, LG Electronics controls 114 local subsidiaries worldwide, with roughly 82,000 executives and employees.
    http://www.lg.com/us/about-lg/corporate-information/overview/global-operations.jsp

    I think not.

  37. excuse me, what changed ? by unity100 · · Score: 1

    all that what you posted shows, is that microsoft is trying to extort people without showing them any patents. this was the point.

    1. Re:excuse me, what changed ? by PIBM · · Score: 1

      Did you purposely miss the part that they had disclosed 6 patents to B&N before failing to agree on the terms of a deal ?

    2. Re:excuse me, what changed ? by unity100 · · Score: 1

      which tells us that, b&n saw that their patents were bullshit, and then ?

    3. Re:excuse me, what changed ? by Anonymous Coward · · Score: 0

      And you said that those are (mostly) not those they are suing for. So in that case no, Microsoft did not actually show them the relevant patents.

  38. So, B&N is *still* the only one to refuse to p by blind+biker · · Score: 1

    Apparently, of all the Android gadget manufacturers, only B&N had the balls to tell MS to fuck off.

    Strange that *all the others* have folded like a cheap hooker. Really strange.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  39. Triple damages of 1 penny - about right by Rob+Y. · · Score: 3, Insightful

    It would be nice to have one of these suits actually go to a court where the judge actually understands the 'value' of these patents. Even if they're valid, they're worth about 1 millionth of the cost of the phone. Have some judge set damages of a penny and let's be done with this crap.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
    1. Re:Triple damages of 1 penny - about right by DarwinSurvivor · · Score: 1

      You mean these patents?

  40. More Geek Cluelessness by Spiked_Three · · Score: 1

    What I find hilarious, is how many you understand ZERO about business and patents.

    Each of these corporations have done business analysis, using high paid patent lawyers, and determined it's worth the money. And a bunch of weekend python hackers think they know more about it and declare the actions wrong.

    Please, I am anxious for you guys to go into a competing business with me. Does the phrase 'shooting fish in a barrel' ring any bells?

    --
    slashdot troll = you make a compelling argument I do not like the implications of.
    1. Re:More Geek Cluelessness by Anonymous Coward · · Score: 0

      Citation needed.

      Also, see Barnes and Noble.

  41. Who pays? Who doesn't? by GottMitUns · · Score: 1

    The article mentions that 70% of Android phones sold in the US pay for MS "license". That leaves 30% that don't? It would be nice to know which brands of phones are those, so people could vote with their dollars. So, if HTC, Samsung, Acer and now LG pay, who is left?

    1. Re:Who pays? Who doesn't? by shutdown+-p+now · · Score: 1

      Motorola?

  42. Could be Rope-A-Dope by ThatsNotPudding · · Score: 1

    Google may be waiting until Microsoft bullies every manufacturer out there to pay the ransom, then Google destroys them in court, leaving Microsoft open to endless, massive lawsuits, not only from the companies they threatened, but every institutional investor holding rapidly devaluing Microsoft stock.

  43. Who isn't paying these fees (in the US)? by Anonymous Coward · · Score: 0

    Does anyone know what phone manufacturers haven't caved to Microsoft? I went with LG about a year ago because from what I could tell they didn't pay money to Microsoft. Now I feel like tossing my G2X in the garbage, and I want to vote with my wallet for companies with balls. If Barnes and Noble made a phone I'd buy one from them.

  44. In the end... by forkfail · · Score: 1

    ... there will be a monopoly. Oh, sure, it'll be comprised of multiple corporations, but there will be a circle of companies that share the set of technologies required to build any software, and if you aren't part of the circle now, you'll never be. That cartel will treat each individual as a division of a corporation while keeping up the appearance of multiple corporations; there will be what will amount to interdepartmental disagreements, but for all intents and purposes, it'll be one big family that no one else will be able to join.

    --
    Check your premises.
  45. Microsoft by Anonymous Coward · · Score: 0

    Our product is shit so will will use our lawyers to extract insurance from our competition or you will get a visit from Fat Tony.

    luckum l=f

  46. Time for action maybe? by Anonymous Coward · · Score: 0

    Ok, so "70% of Android-based smartphones sold in the U.S. are now covered by its licensing program." With the same "just sign here, and let us handle the PR" tactic... For patents that are so awesomely awesome, fundamentaly fundamental and ground-breakingly ground-breaking that *as a surprising suprise* they are not publicly listed. And when they do get listed, the sheer stupidity of those prolly makes Darwin roll over in his grave...
    (Any of you finding this circus legitimate, please tell me you're: 1. trolling "4 teh lulz", or 2. an MS employee... Please...)

    Repeat after me: SEVEN-EFFIN'-TY PERCENT.
    How is that kind of F[censored] S[censored] even allowed to go on?

    Though obviously, complaining about it in online fora each time apparently doesn't help. What's the next best alternative, NOW?

  47. Lesser of two evils by TankSpanker04 · · Score: 1

    Android allegedly infringes on Microsoft patents and Apple patents (among others). Microsoft decides to license its technology. What does Apple do? Sue the crap out of everyone. Sounds to me like MS is taking the smarter approach here -- partnering with manufacturers, creating a steady income stream, and not looking looking like an iDouche.

  48. Re:lol slashdot by Anonymous Coward · · Score: 0

    thats bullshit and you know it. microsoft could sell all of its assets to feed starving children in africa and the average moron armchair quarterback slashdot user would find something to bitch about.

    I mean seriously, you people dont recognize that you're being basically trolled by the people who run this site? they want hits, and they know nothing gets slashdot hits like a microsoft story.

    the real lol is that you lampoon the shit out of anyone that won't fall in line with the slashdot agenda, label them as shills, and you're all hive-minding the same kind of shit, just from an opposing viewpoint.

  49. Re:lol slashdot by Anonymous Coward · · Score: 0

    only register (l)users who are fighting an ideological batter against a fucking phantom evil. cracking the psychology of this site should be a phd thesis.

  50. Google doesn't own Android conventionally by Anonymous Coward · · Score: 0

    Bug Google doesn't currently have an Android product on the market.

    Until the Motorola purchase goes throught.

    Remember, Android is an open source project... it's Linux. Google doesn't "own" it and is also not liable for it. They contribute to it and own some apps and the "official" Android market. It's an interesting play.

    1. Re:Google doesn't own Android conventionally by snowgirl · · Score: 1

      I suspected that was a large part of the matter as well.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  51. Kinect, MS Research... funny by Anonymous Coward · · Score: 1

    Didn't Microsoft buy the company that created it?

    Not even that.. they licensed the technology. PrimseSense is currently showing products at CES. ASUS showed a Primsense offering as well.. the WAVI Xtion at last year's CES.

    I think the Microsoft Marketing department had more to do with Kinect hardware development ( putting the logo on the reference design ) than Microsoft Research. I wonder if MS even did the XBox driver for Kinect.

    Here's the Microsoft press release

  52. Shame about LG by Trogre · · Score: 1

    Oh well, now that both LG and Samsung have signed this deal with the devil * I won't be buying one of their products. I guess I'll go pickup a knockoff from Dealextreme. No problem.

    * Anyone who continues to give Microsoft any money, knowing what they have done, is either pathalogically thoughtless or has shares in the company.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  53. Did you drink the Steve Jobs Koolaid? by Anonymous Coward · · Score: 1

    Android predates Apple's plans for either the iPhone or iPad. Linksys/Cisco had trademarked the name iPhone before Apple brazenly used it anyway. Microsoft had patented the wheel interface, and Apple had to pay them. The OSX operating system is BSD Unix in a Darwin wrapper. Rectangular tablet PC's existed long before Apple's. The original Macintosh ideas came from Xerox PARC along with their programmers.

    I could go on, but the point is...no innovation has occurred at Apple since Woz left.

  54. What if they dont sign, or they do and go to court by Anonymous Coward · · Score: 0

    If they refuse to sign the NDA, then Microsoft could sue for one patent at a time, couldn't they? Win one, then win another, and another. If they refused to sign, I wouldn't take away their rights to use windows, that would be stupid because they would just lose even more money. No, I would nickle and dime them to bankruptcy. The NDA forces full disclosure + secrecy. Microsoft must have at least ONE patent worth a damn, otherwise why would LG fall for it? Does LG even make computers? They sure don't make significant profit off Win Phone 7. LG really has nothing to lose if Microsoft wanted to cancel all other deals, so there has to something behind all of this. Just wait, someone will violate the NDA again and we will know more. Maybe LG will be the ones to do it... what else do they have to lose but a few million dollars in a courtroom. That's chump change. By the time the case is over, Google will know what to engineer around and produce a non-infringing version of Android, assuming it's possible. Unless, of course, Microsoft uses my original idea of suing one patent at a time.

  55. Temporary by Anonymous Coward · · Score: 0

    This 'arrangement' is TEMPORARY. When it comes crashing down - quite soon I expect, certainly before April - the carnage is going to be an extra large popcorn event.

  56. Re:If they disclose it would be easier to cope wit by Anonymous Coward · · Score: 0

    Removing offending code doesn't un-exploit a patented technology. That's like profiting from copying while using that time to replace the copied parts, except that "like" means "is" in this case. You're only allowed to do that when it's SCO code (it's a special rule in the tech world)

  57. Re:"it's only fair that other companies pay up" by Anonymous Coward · · Score: 0

    Bullshit. Your concept of "fairness" has been raped into you by bullies like Microsoft. It's bad enough that we still tolerate the obscenity of a greedy few lording it over the majority (once justified in terms of divine will, then aristocratic blood, now nonsense like "earning it fair and square", as though the fat pampered Microsoft programmer wasn't born into any more privilege than the impoverished child whose access to information is restricted due to the local school's having to pay the fat programmer his tax), but to apply this disgusting capitalist survival-of-the-greediest ethic to knowledge is about as low as the human race can sink. If it weren't for Microsoft's deliberate and aggressive efforts to cripple the progress of knowledge for its own profit, schools throughout the world would already be using freely available and collaboratively produced software on all their computers, saving them billions that they could spend on improving our children's education. Don't slurp up Microsoft's excrement about patent violations hampering progress: do you seriously believe that the progress of knowledge is enhanced by using violence to prevent people from sharing it? Wake up: Microsoft's R&D department would happily let a million third world children die if it would slightly improve the quality of the coffee in their staff cafeteria. They'd claim otherwise, but their actions demonstrate that their own self-interest is immeasurably more valuable to them than the social effects of what they do. To get all horny about the crumbs they drop society from their table is just pathetic.

  58. Just a reminder... by msobkow · · Score: 1

    Microsoft does not disclose how much revenue it's obtaining from Android, Chrome, and Linux licenses

    If any of those patent licenses cover Linux kernel or any other GPL code, the vendor LOSES THE RIGHT TO DEPLOY THE SOFTWARE UNDER THE TERMS OF THE GPL.

    The GPL mandates that you fight patents that affect the GPL code you're using. If you don't have the patent, the GPL license is automatically REVOKED. This was done to ensure community support in fighting patent trolls, and to prevent anyone from being able to just "pay off" a troll.

    I don't know what's in the patent portfolios Microsoft is licensing. But that's why such deals should not be allowed to be done behind closed doors -- the patents involved affect important licensing terms, and by keeping the information hidden, Microsoft invites the speculation that they're trying to do an end-run to monetize GPL'd code.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Just a reminder... by msobkow · · Score: 1

      Danged typos. "If you don't fight the patent, the GPL license...", not "have the patent."

      I really should edit more and correct less. Always in a hurry. :)

      --
      I do not fail; I succeed at finding out what does not work.
  59. That's the Mozilla busy cursor by Anonymous Coward · · Score: 0

    So they say "showing a busy indicator in the corner of the screen of a mobile browser on a limited sized screen" is patentable and the basic claim to uniqueness is that this cursor isn't shown permanently, only when it's busy.

    Which is what the Mozilla busy bar did (bottom right corner busy bar) BEFORE MS patented this.

    So what MS is trying there, is to patent Mozilla if it was running on a 'small screen' device, as if the small screen device adds some inventive element to showing the busy cursor.

    This is why I think filing patents you know are not inventions should be fraud. MS knew is was patenting Mozilla browser here, they know this is only possible because the USPTO has become a rubber stamping machine for patents. If companies can gain so much from fraudulent patents like this, then it should be fraud to make false claims.

  60. NDA of patents is a unfair trade practice by Anonymous Coward · · Score: 0

    Some one should break the NDA & post the patents for the rest of the world to see, because NDA itself will not hold water in court due to being unfair trade practice

  61. Is Android Part Of Microsoft' Windows Phone Licens by sfcrazy · · Score: 1

    Microsoft has signed yet another deal with an Android player, this time its LG. There seems to be more to it than it appears on the surface. It this deal just about Android? I think not. I wonder why no one is signing Windows Phone deals with Microsoft? Why is Microsoft talking only about the Android deals and not about Windows Phone deals? Why is no hardware player signing or renewing any deals with Microsoft to put its Windows Phone on their devices? Only Windows deal that we heard of was Microsoft-Nokia deal where the Finnish maker committed to using only Microsoft OS. Why we never heard of Samsung, LG, HTC signing any Windows phone deals with Microsoft? I have a theory. The possibility is these 'Android' deals are in fact Windows Phone deals. http://slashdot.org/submission/1908860/is-android-part-of-microsoft-windows-phone-licens

  62. re: how is Android profiting from Microsoft's R&am by microphage · · Score: 1

    "The real question here is, how is Android profiting from Microsoft's R&D? Maybe it would help if Microsoft ever actually said which patents were being violated, and how. Have they?

    The answer to that being NOT AT ALL, which is why Microsoft won't sue Google directly. Instead engages in a campaigh of EXTORTION against its customer base.

  63. the US patent office will rubber stamp anything... by microphage · · Score: 1

    The US patent system is totally broken.

    link

    link

  64. Remember SCO? by Penmanpro · · Score: 1

    This reminds me of the SCO stunt where they claimed they owned parts of linux but would not say which parts. As I remember it slash dot readers did a good job trying to crack that issue, aiming to prove that SCO did not own linux.

  65. Beats me... by Corson · · Score: 1

    How can Microsoft charge a company for using a Linux & Java - based OS made by a yet another company? It beats me.

  66. DOJ and EU silent by Anonymous Coward · · Score: 0

    Given that the DOJ and EU actions against Microsoft are now a complete and utter failure, have governments just rolled over and surrendered to Microsoft? At one point the Judge ordered them broken apart into the OS and applications, perhaps it's time to revisit that plan.