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Why You Can't Build Your Own Smartphone: Patents
jfruh writes "In the mid-00s, more and more people started learning about Android, a Linux-based smartphone OS. Open source advocates in particular thought they could be seeing the mobile equivalent of Linux — something you could download, tinker with, and sell. Today, though, the Android market is dominated by Google and the usual suspects in the handset business. The reason nobody's been able to launch an Android empire from the garage is fairly straightforward: the average smartphone is covered by over 250,000 patents."
The reason nobody's been able to launch an Android empire from the garage is fairly straightforward: the average smartphone is covered by over 250,000 patents."
And it's hard. And it costs a lot of money. And the market is full of very good competitors. Otherwise there's nothing stopping you.
Patents won't touch you if you make 1-10 units.
Other manufacturers won't consider you as worthwhile to legislate against since you most likely won't make any profit from those devices sold.
From US point of view, good luck getting your device FCC approved, that'll be cheap and fun process!
There are no atheists when recovering from tape backup.
This is totally ignoring the software and patent problems.
To elaborate on why open-source hardware is hard, and why making a single phone will cost you over $10K.
Why open-source software works is:
Widely available repository of code.
Many people able to review it, or sections of it, and understand it.
Ease of submitting tested patches.
Hardware has problems that don't really fit well with this.
The open schematic is the trivially easy part, and not really a problem.
(though in practice, you need a schematic with copious links to design documents, which isn't well solved by open tools).
The number of people who can review it is rather smaller - as you can't open up a c file, and see a clear error or awkwardness in code that can be edited.
For all but the most basic errors, you are going to have to sit down and read several hundred pages of hardware documentation about how the chips in question work, in addition to having in-depth knowledge about the circuit design, and costings of likely changes.
Now, you've done this, and generated a patch that you think (for example) lowers the supply current by 1%.
Compile - test.
On a PC, this takes a couple of minutes.
For something of a smartphone class, a one-off PCB may cost several hundred dollars. Then the parts will cost another several hundred dollars in small quantities, as well as being difficult to obtain.
Now, you have to solder the parts onto the board, which is a decidedly nontrivial thing - and if you decide you want someone else to do this, it's probably another several hundred dollars.
So, you're at the thick end of a thousand dollars for a 'compile'.
Now, you boot the device, and it exhibits random hangs.
Neglecting the fact that you are going to need several hundred to several thousand dollars of test equipment, you now have to find
the bug.
Is it:
A) The fact that unlabled 0.5*1mm component C38 is in fact 20% over the designed value, as the assembly company put the wrong one in.
B) C38 has a tiny bridge of solder underneath it that is making intermittent contact.
C) The chipmaker for the main chip hasn't noticed that their chip doesn't quite do what they say it will do, and the datasheet is wrong.
D) You missed a tangential reference on page 384 of the datasheet to proper setup of the RAM chip, and it is pure coincidence that all models up till now have booted.
E) Because you're ordering small quantities, you had to resort to getting the chips from a distributor who diddn't watch their supply chain really carefully, and your main chip has in fact been desoldered from a broken cellphone.
F) Though the design of the circuit is correct, and the board you made matches that design, and all the parts are correct and work properly, the inherent undesired elements introduced by real life physics means it doesn't work.
G) A completely random failure of a part that could occur with even the best design, and best manufacture.
G - may mean that it's worthwhile making two or more of each revision - which of course boosts costs.
Hardware is nasty.
This gets a lot less painful of course for lower end hardware. For very limited circuits, which can be done on simple inexpensive PCBs, and be easily soldered at home - costs of a 'compile' can be in the tens of dollars, or even lower.
As an engineer, I thought I would point out there are two ways we deal with patents:
Method 1: Once you have an idea, do a thorough patent search and verify your idea does not appear to violate any patents. If it does, re-design the widget so it avoids the patent.
Method 2: Ignorance is bliss. Design and build it.
I can tell you, if you use method 1 you will need an enormous staff and risk never getting anything done. Despite it all, you still won't be safe because someone will come along with patent claims anyway, even though you did a most thorough due diligence search. I'm not saying you ignore patents, that would be unethical. Company I work for has a record of the patents related to our products that we have been made aware of. It just doesn't make a lot of sense to go looking for trouble.
Many patents involved are valid outside of the USA. And there certainly are plenty of reasonable patents (i.e. actual inventions) in the mix. Not just software patents. And if you don't believe me, try building and selling your own smartphone. You'll soon enough find out about it.