Slashdot Mirror


Foxconn Signs Massive Android Patent Agreement With Microsoft

Pikoro writes with news that Foxconn's parent company has entered into an agreement to pay Microsoft royalties for every Android device they manufacture, joining a rather long list of companies licensing patents for Android/Linux from Microsoft. From the BBC: "Microsoft has secured a patent deal with the world's biggest consumer electronics manufacturer to receive fees for devices powered by Google's Android and Chrome operating systems. Hon Hai — the parent company of Foxconn — said the deal would help prevent its clients being caught up in an ongoing intellectual property dispute. Microsoft says that Google's code makes use of innovations it owns. Google alleges its rival's claims are based on 'bogus patents.' 'The patents at issue cover a range of functionality embodied in Android devices that are essential to the user experience, including: natural ways of interacting with devices by tabbing through various screens to find the information they need; surfing the web more quickly, and interacting with documents and e-books.'"

168 comments

  1. This is GREAT NEWS by For+a+Free+Internet · · Score: 0, Interesting

    Our own capitalist masters in America maintain their superirority over the upstart bourgeoisie of Taiwan! Horay for the American bourgeoisie! Get ready for world war III! Profits! Profits! Profits!

    --
    UNITE with the Campaign for a Free Internet because today, our future begins with tomorrow!
    1. Re:This is GREAT NEWS by Anonymous Coward · · Score: 1

      I'd like to be an extortionist too. Where do I sign on?

    2. Re:This is GREAT NEWS by Anonymous Coward · · Score: 0
    3. Re:This is GREAT NEWS by davester666 · · Score: 1
      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:This is GREAT NEWS by Anonymous Coward · · Score: 0

      careers.microsoft.com

  2. Massive by jamesl · · Score: 4, Insightful

    Beware all stories with "Massive" in the headline.

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

      Your Mama's so Massive even Microsofts Android Patents couldn't move her.

    2. Re:Massive by poetmatt · · Score: 1, Insightful

      eh? there's something massive here, it's called fuel for the antitrust investigation.

    3. Re:Massive by morgauxo · · Score: 0

      Ha Ha, Yeah, like those still happen anymore.

      Even if there was an antitrust investigation the furthest it would ever go is to make Mickeysoft 'donate' their software to a bunch of schools. The 'side effect' of course being further indoctrinating yet another generation into buying their crap years down the road when the kids grow up and enter the workplace.

    4. Re:Massive by poetmatt · · Score: 1
    5. Re:Massive by Anonymous Coward · · Score: 0

      Government-enforced patents are a 100% government created problem. It is a monopoly in an idea that can be perpetuated almost endlessly (e.g., you can prevent improvements to your own patent which cannot be utilized until the patent expires or with your permission - patentable innovation in an identical field is often only economical for the existing patent holder).

      Antitrust is the bullshit answer to a bullshit problem. End government IP!

  3. Microsoft loses nothing by inode_buddha · · Score: 0, Troll

    Microsoft loses nothing because they are collecting for these patents. Likely they are trying to collect enough that even if they lose them in court, their court costs are covered by the patent fees. Meanwhile they have effectively sown a cloud of trouble over Android even though they (microsoft) don't even have anything competitive in this market.

    Tl;dr -- it galls me, the chutzpah of these assholes!

    --
    C|N>K
    1. Re:Microsoft loses nothing by ackthpt · · Score: 5, Insightful

      Microsoft loses nothing because they are collecting for these patents. Likely they are trying to collect enough that even if they lose them in court, their court costs are covered by the patent fees. Meanwhile they have effectively sown a cloud of trouble over Android even though they (microsoft) don't even have anything competitive in this market.

      Tl;dr -- it galls me, the chutzpah of these assholes!

      This is Microsoft's new business model: World's Largest Patent Troll.

      See, even if they lose in the future of technology, they can leech off those who innovate.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Microsoft loses nothing by rwise2112 · · Score: 2

      Microsoft loses nothing because they are collecting for these patents.

      Not only that! They could potentially be collecting twice for the same device. Say HTC/Motorola/Samsung gets Foxonn to manufacture the phone, both companies potentially get to pay Microsoft.

      --

      "For every expert, there is an equal and opposite expert"
    3. Re:Microsoft loses nothing by Eirenarch · · Score: 0

      When I was young we did not call companies with actual products patent trolls.

    4. Re:Microsoft loses nothing by NatasRevol · · Score: 2

      Things have changed since then.

      Companies can have products AND be patent trolls.

      --
      There are two types of people in the world: Those who crave closure
    5. Re:Microsoft loses nothing by thaylin · · Score: 4, Funny

      When I was young we did not call crap like windows 8 actual products.

      --
      When you cant win, ad hominem.
    6. Re:Microsoft loses nothing by jedidiah · · Score: 2

      Ultimately, a troll is someone extracting money for something they don't really own. Whether or not such a person is a "non practicing entity" is really a red herring. It distracts from the really important question.

      Should there even be a "property interest" in that thing to begin with?

      If not, then they are a troll.

      It's not the toll that makes the troll.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Microsoft loses nothing by dkleinsc · · Score: 1

      It's a product in the same way that manure is a product - you can buy it, but it's gonna stink and make you sick to your stomach.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    8. Re:Microsoft loses nothing by ackthpt · · Score: 1

      When I was young we did not call companies with actual products patent trolls.

      Things have changed since then.

      Companies can have products AND be patent trolls.

      Some people on here must be very old. Thomas Edison knew the value of a patent, which was why he was busy patenting things Tesla invented.

      --

      A feeling of having made the same mistake before: Deja Foobar
    9. Re:Microsoft loses nothing by Mister+Whirly · · Score: 1

      This is Microsoft's new business model: World's Largest Patent Troll.

      Which they most likely "stole" from Apple.

      --
      "But this one goes to 11!"
    10. Re:Microsoft loses nothing by Anonymous Coward · · Score: 0

      Considering there's a requirement for the infringed to disclose to the infringer (in this case, the Linux community as a whole...), they're basically guilty of racketeering, extorting agreements and settlements out of the commercial players.

      That's NOT how it's supposed to work, folks.

    11. Re:Microsoft loses nothing by ackthpt · · Score: 2

      Considering there's a requirement for the infringed to disclose to the infringer (in this case, the Linux community as a whole...), they're basically guilty of racketeering, extorting agreements and settlements out of the commercial players.

      That's NOT how it's supposed to work, folks.

      That's now how it's supposed to work, but if we take anything from RAMBUS vs SDRAM manufacturers or SCO vs Linux distributors, just because they are wrong, doesn't mean they can't cover up evidence, shread documents or relentlessly sue people in the hopes of getting them to cave in and using the winnings to augment their warchest for suing more and larger targets. Microsoft already has a Bucket o' Lawyers and plenty of cash on hand so they're doing this. They've lost the innovative edge, if they even had it, because most everything they roll out as a product or service is something someone already had.

      --

      A feeling of having made the same mistake before: Deja Foobar
    12. Re:Microsoft loses nothing by gtall · · Score: 1

      Yes but manure has a consistency and purity all its own. Actually, if you grow up in farm country, manure smells a lot better than a city.

    13. Re:Microsoft loses nothing by Anonymous Coward · · Score: 0

      Ah, but the difference with Manure when compared to Windows 8 is that Manure has use and value after it's purchased...the same can't really be said of Windows 8...

    14. Re:Microsoft loses nothing by TemporalBeing · · Score: 1

      Microsoft loses nothing because they are collecting for these patents. Likely they are trying to collect enough that even if they lose them in court, their court costs are covered by the patent fees. Meanwhile they have effectively sown a cloud of trouble over Android even though they (microsoft) don't even have anything competitive in this market.

      Tl;dr -- it galls me, the chutzpah of these assholes!

      That depends. Like with the agreements for all the rest, it doesn't mention how much is paid or to whom; and like the rest, only Microsoft put out a press release. For all we know, Microsoft could actually be paying money to HonHai, Foxconn's parent company, instead of the other way around.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    15. Re:Microsoft loses nothing by TemporalBeing · · Score: 1

      When I was young we did not call companies with actual products patent trolls.

      If you try to extort money on things you had no hand in creation of, then you are a troll. Regardless of whether you sell other products.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    16. Re:Microsoft loses nothing by Ultracrepidarian · · Score: 1

      Actually they both pilfered from Xerox who left their doors open.

    17. Re:Microsoft loses nothing by Anonymous Coward · · Score: 0

      Considering there's a requirement for the infringed to disclose to the infringer (in this case, the Linux community as a whole...), they're basically guilty of racketeering, extorting agreements and settlements out of the commercial players.

      You don't actually believe that if a giant like Foxconn even got a hint that these patents weren't valid they would just license them do you?

    18. Re:Microsoft loses nothing by Anonymous Coward · · Score: 0

      When I was young we did not call companies with actual products patent trolls.

      I did when their products were crappy!

    19. Re:Microsoft loses nothing by Anonymous Coward · · Score: 0

      Hey, vegetation grows great in manure. Try to grow *anything* in Winblows 8!

    20. Re:Microsoft loses nothing by Mister+Whirly · · Score: 1

      Yeah PARC came up with some cool stuff, they just had no idea what to do with it. Apple and Microsoft marketing departments took care of that though.

      --
      "But this one goes to 11!"
  4. Re:Massive or tiny? by Anonymous Coward · · Score: 5, Insightful

    Also, how can you tell it is "massive". It looks like all details are confidential. It is unclear which patents are involved, what FoxCon gets in return, how much money is exchanging hands, what is really "covered" by the agreement, etc. It might as well be a "tiny: deal, just focussed on "massive" publicity: "We don't really have anything but with patents you can always do some handwaving, so lets put out a press release how good friends we are, generate some publicity to show Microsoft is still relevant and what a friendly company Foxcon is. As long as they spell our names right any publicity is good publicity. Deal?".

  5. Re:damn by Anonymous Coward · · Score: 0

    Please, go right ahead

  6. Re:damn by couchslug · · Score: 1

    Evil should not make you wish to hurt....yourself.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  7. Google challenge by Anonymous Coward · · Score: 0

    Why the ***k isn't Google challenging this one? I don't get it.

    1. Re:Google challenge by Anonymous Coward · · Score: 2, Interesting

      Because they're not paying. Therefore they couldn't care less.

    2. Re:Google challenge by Chrisq · · Score: 4, Interesting

      Challenge how? Think of it this way, I say that you should pay me to use your index finger while typing and you agree, would an onlooker do more than say you are being silly? You might think that they should invalidate the patent, but say I have a separate patent for every possible finger on every key on the keyboard, plus one for looking at each pixel on the screen - and each would cost hundreds of thousands of dollars to challenge then you can see why they aim at the general anti-competitive behaviour and changing the system.

    3. Re:Google challenge by Anonymous Coward · · Score: 0

      I'm still amazed that you can get modded up to 4 starting a sentence "Think of it this way.." As a point I won't read any further and I imagined I would not be alone. Seems I'm wrong.

    4. Re:Google challenge by Impy+the+Impiuos+Imp · · Score: 1

      It's a Google product so Google should fight it. And yes, Gooogle has enough money for every pixel on the screen.

      Makes me wonder if Google doubts their ability to overturn the patents.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  8. wince by Anonymous Coward · · Score: 5, Insightful

    Before everyone gets in a twist. Remember MS was in the phone market for 9-10 years before iPhone/Android... They may have some patents here. They did extensive work in this field. Also remember patents expire eventually. I remember people walking around proudly with their ipaq's and chicklet wince phones and spouting how the dreamcast runs wince.

    Let me put it to you this way. When MS and the OEMs first came out with the WinCE phone people were excited (windows in my pocket). The actual result was awful. However MS was up to basically the 7 or 8th version of wince before iPhone came out (and apple blew them away).

    MS put a ton of work into this. Sure it is MS (or M$ as a lot of people like to say). But in this case I think they may deserve a bit of recompense. There will probably be a few of you out there that disagree with me and call me a troll. But I saw the amount of work they put into it. It was blindingly obvious that they worked really hard on it. It just rather bad at what it was supposed to do.

    1. Re:wince by h4rr4r · · Score: 3, Insightful

      I will disagree with you. Hard work does not mean you deserve to get paid. Lots of people work very hard and produce unpopular products that never make money. This is simply rent seeking.

    2. Re:wince by gl4ss · · Score: 0

      Before everyone gets in a twist. Remember MS was in the phone market for 9-10 years before iPhone/Android... They may have some patents here. They did extensive work in this field. Also remember patents expire eventually. I remember people walking around proudly with their ipaq's and chicklet wince phones and spouting how the dreamcast runs wince.

      Let me put it to you this way. When MS and the OEMs first came out with the WinCE phone people were excited (windows in my pocket). The actual result was awful. However MS was up to basically the 7 or 8th version of wince before iPhone came out (and apple blew them away).

      MS put a ton of work into this. Sure it is MS (or M$ as a lot of people like to say). But in this case I think they may deserve a bit of recompense. There will probably be a few of you out there that disagree with me and call me a troll. But I saw the amount of work they put into it. It was blindingly obvious that they worked really hard on it. It just rather bad at what it was supposed to do.

      yeah.. like fat32. the rest go into obvious category. I don't suppose you actually used those and other manufacturer devices between 2000-2010? by the same logic these are infringing for example ubuntu is infringing..

      --
      world was created 5 seconds before this post as it is.
    3. Re:wince by inode_buddha · · Score: 2

      It's called "the free market" and MS lost that one. However hard they worked actually doesn't mean shit.

      My observation is that most companies *love* the free market as long as they own it. Its when they don't own it that they start to act like assclowns.

      Welp, too bad you can't have everything.

      --
      C|N>K
    4. Re:wince by TheDarkMaster · · Score: 3, Insightful

      The problem occurs when their patents are pretty vague and broad, saying roughly that "I invented the wheel" when it is clearly a lie. And it becomes even worse in a ridiculous justice system as the USA, where you have to pay dearly for proving that the crook is lying.

      --
      Religion: The greatest weapon of mass destruction of all time
    5. Re:wince by Anonymous Coward · · Score: 0

      Welp, too bad you can't have everything.

      Welp, apparently with a patent, you can.

    6. Re:wince by Anonymous Coward · · Score: 1

      I don't suppose you actually used those and other manufacturer devices between 2000-2010

      I did (even wrote some software for them). I also did not buy them. They sucked. The actual result was awful

      MS put a ton of work into this stuff. They will have patents in this field. They were there first in many cases. They are going to get their money. They still make product and are competitors. Their competitors are doing the same thing.

      http://yro.slashdot.org/comments.pl?sid=3658005&cid=43471495 This sums it up way better than I.

      Have you read thru all the patents in question? Not the summaries. The actual wording?

      MS and Palm built the 'high end' phone markets. If they had not, Apple would have never got a foot in the door.

      Want to know what killed the wince phone? It was not because they sucked. It was 2 things. Power loss of phone meant clean wipe and using that gawd awful activesync. Then on top of that was the craptastic rates carriers were charging for data (think 2-5 bucks per megabyte). I think people would have lived with activesync. But the price scared just about everyone away. Everyone wanted the internet in their pocket. If AT&T had put craptastic caps and huge data costs onto the iPhone it would have sunk too (even the initial rate was a bit shocking). Jobs saw what happened to MS and is why he strong armed at&t into better pricing.

      The entire cell phone market is one giant patent fiasco with RAND everywhere. We the customer pay for it.

    7. Re:wince by Anonymous Coward · · Score: 1

      If the hard work results in patents, then they can make money off of it. Regardless of how popular their implementations were.

    8. Re:wince by TheSkepticalOptimist · · Score: 3, Insightful

      I would like you to invent something, spend millions of dollars developing it, and then have some other little upstart steal the idea and get rich off your idea without giving you a single dime or line of recognition.

      I don't care about liking or hating a company, but I hate the double standard of Slashdot that only certain companies deserve respect and others don't.

      There have been, and I can guarantee there will be, Ask Slashdot questions where some little startup or individual wants to find out how to protect their IP or patent, even implement their own DRM. Of course everyone on Slashdot falls over themselves flooding advice on how the "little guy" can protect themselves through patents or copyright, even offering DRM schemes.

      But when some large corporation wants the same security with IP they have invested millions or even billions in suddenly the mood changes and everyone on Slashdot demands open, freely exchanged access to IP, free market bullshit, and open this open that garbage.

      You can't have it both ways.

      Yes, Microsoft has shitty business ethics and guess what, they have been called on each and every one of them and have paid dearly for it. Microsoft is no longer king in any market because of the fallout of their aggressive anti-competitive business ethics in the 80's and 90's. But Microsoft still has a right to protect their IP just like any independent startup, individual, or whatever the current beloved company you feel should succeed more than others.

      If Microsoft "invented" something before Android, before iPhone, before any current Smartphone, then they have a right to license and protect that IP, period.

      This is how patents SHOULD WORK. Microsoft is being agreeable to cross license their ideas with a company willing to pay licensing to produce products using those ideas. This is the original intent of a patent, to protect the inventor, but allow other companies to use and improve upon the idea..

      Instead companies like Apple and Google create a patent portfolio to use as ammunition to slaughter each other in the marketplace. Apple refuses to cross license, and when they do cross license because of consumer pressure or legal action, they demand obscene licensing or royalty fees in an effort to cripple their competition. This is how patents ARE ABUSED.

      So yes, no article about Microsoft is ever going to get respect on Slashdot, but I have little respect for double standards. Microsoft has a right to protect their IP and are doing so in a way that allows other companies to succeed off of their past work. Microsoft could be shitheads and refuse to license their IP and thus cripple the Android platform, but I think Microsoft realize that their past IP is about all they have left as they cannot create a winning product in spite of the efforts they made in inventing portions of that product.

      --
      I haven't thought of anything clever to put here, but then again most of you haven't either.
    9. Re:wince by Anonymous Coward · · Score: 0

      >Hard work does not mean you deserve to get paid.
      People need to learn this. I deal with a lot of people who bitch that so-and-so can pass review after 8 hours of hammering away in Word and their stuff took a month and I reject it for errors/boring/etc. The amount of time you put into it does not matter.

    10. Re:wince by thaylin · · Score: 2

      If the hard work resulted in VALID patents.

      --
      When you cant win, ad hominem.
    11. Re:wince by h4rr4r · · Score: 5, Insightful

      These patents are bullshit and you know it. MS is running a protection racket, else they would share the patent numbers without a NDA. MS cannot cripple android by not licensing. All they would do is lose in court.

      If I go patent the idea of determining even or odd via mod, that should not get me anything.

      Honestly I would be fine with no patents on software.I don't want it both ways. I really want to see IP go away.

      Apple is a problem. So far I do not think google has sued anyone, but who knows how long that record will last.

    12. Re:wince by jedidiah · · Score: 2

      > I would like you to invent something, spend millions of dollars developing it,

      NOTHING we are talking here about represents a large investment here. Although that's not really the point. It's yet another distraction that corporate shills like to throw out.

      Patents are meant to encourage companies to disclose interesting things that would not otherwise see the light of day. Patents are not about "rewarding investment". They are not about sweat equity. They are not a virtual land grab.

      There is no hypocrisy here because the Slashdot crowd complaining about Microsoft here would raise the same issues for Tivo and any number of other companies.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:wince by Anonymous Coward · · Score: 3, Interesting

      WinCE stalled at 5.x and was superceded by Windows Mobile (WinMo).

      WinMo ended at 6.5.3. It has not yet been functionally replaced, but it is no longer actively developed.

      Windows Phone 7 is NOT WinMo. Oddly enough, WinPhone 7.5 isn't WinPhone 7, and WinPhone 8 isn't WinPhone 7.5 either. They just keep breaking it. The mind boggles.

      I'm not sure what they're going to do about WinMo 6.5.3. It's used on a metric crap-ton of devices that businesses rely on, but the latest development environment that works with it is the aging Visual Studio 2008. The latest .Net framework is Compact Framework (.NetCF) 3.5. If you want to see what happens when an operating system release gets well and truly "stuck" on an old version, look no further. Nobody is making WinPhone 7-8 software. Businesses are still actively developing WinMo 6.5.3 software with an old IDE. When they EOL .Net 3.5, they're going to have a huge problem on their hands. Barcode scanners aren't going to be replaced with ones running the vastly-inferior-for-the-task WinPhone operating system. And .NetCF stopped at 3.5 for WinMo. Microsoft is screwing the proverbial pooch here.

      In my day-job, I'm a .Net developer. I build and maintain a system consisting of several types of software (web apps, Winforms apps, SOAP services, WCF services, libraries, CLI apps, and a WinMo app, and all using a massive SQL Server database with reporting services, a.k.a. SSRS) all working together to run a company's main data services. All of these are in VS2010, except for the WinMo app and the SSRS report templates, which are in VS2008. All of them use .Net 3.5 SP1. Upgrades aren't out of the question, and in fact would be welcomed. But Microsoft isn't providing them. You'd think they'd want heavy users on an "upgrade treadmill", but they're not bothering with it. It's really quite odd. At this point, there's a huge demand for them to start that "treadmill" in this market and they just won't do it.

      The only answer is to fire Ballmer. (Out of a cannon, if necessary. He is a clown, after all.)

    14. Re:wince by fermion · · Score: 1
      On one hand, as google is doing nothing to stop this it may be that MS has some legitimate patents and the $5-1$15 they are being paid for every phone may be for valid IP. As everyone must agree, MS almost invented the smart phone, although the feature set they envisioned were not anything many people wanted. It is like Apple actually inventing the term PDA, but not the PDA iteself, or being able to bring it to the forefront. Palm probably did the most in that case.

      OTOH, Apple has asked for royalty payments for technology it reasonably developed, and most have rightly said no. In terms of smart phones, Nokia was probably the first with actually working technology, followed by the Symbian phones. Windows phones were a gimmick. The fact that these are no longer viable due to other companies using their technologies.

      No, in most cases these payments can be best classified as based on relationships, and their characterization would be described as good will. These companies have relationships with MS and the payments are clearly bribes to keep that relationship going. Unlike other patent trolls, the value to to great to be simple nuisance payments. No MS has probably gone and said either pay up, or no more relationship with MS.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    15. Re:wince by Anonymous Coward · · Score: 2, Informative

      Please detail how M$ 'spent millions of dollars developing...' such ideas as 'tabbing through screens', etc. was developed by M$. Such idiotic drooling. M$ spent zero on 'developing' and stole most of these ideas from prior art, etc. They don't deserve a dime for most/any/all of it. They're just another excellent example of a criminal corporation. M$ rightly deserves its criminal reputation amongst the enlightened. :)

    16. Re:wince by iggymanz · · Score: 1

      rubbish. Microsoft has invented nothing, they have no IP in any field for any product or process whatsoever. your argument has no foundation. microsoft deserves to have their ill-gotten assets seized for their theft, fraud, monopolizing, market manipulation.

    17. Re:wince by c · · Score: 2

      I would like you to invent something, spend millions of dollars developing it, and then have some other little upstart steal the idea and get rich off your idea without giving you a single dime or line of recognition.

      Exactly. Someone busts their ass, comes up with a great idea, patents it, builds it, markets it, and then some dipshit comes along and adds some obvious, trivial modification like "on a computer", "on a phone", "on a bicycle", etc to your idea, patents this trivial change, and rakes in the dough.

      Or were you thinking of something else?

      That's the crux of the problem. Few have a beef against the idea that if you innovated, it's nice if you get paid. The problem is that there's an incredibly tenuous link between patents and real innovation, and it's to the point now where most smart people treat them as entirely independent things.

      Now, since patents and innovation are largely considered unrelated, the only way someone can determine whether a patent truly represents innovation is by looking at the patent itself. Absent that, and particularly in scenarios where someone refuses to identify the patent(s), the only sane assumption one can make is that it's not innovation.

      Hence the present situation with Microsoft, and pretty much anyone else who waves around patents without allowing verification, not to mention those who wave around whatever shit they can get rubber stamped by their patent office.

      Microsoft may have done some innovation and may have the patents to prove it, but given their history as an abuser of the patent system, legal system, innocent chairs, and the very word "innovation", nobody is going to just take their word for it.

      --
      Log in or piss off.
    18. Re:wince by Anonymous Coward · · Score: 0

      I will disagree with you.

      A Linux zealot disagreeing with a post that wasn't completely bashing Microsoft? I'm shocked. Shocked, I say.

    19. Re:wince by Anonymous Coward · · Score: 0

      > If I go patent the idea of determining even or odd via mod, that should not get me anything.

      Of course not. Every CS student knows that you determine even or odd via AND-mask.

    20. Re:wince by atomicxblue · · Score: 1

      This is the same FUD about mythical patents that they have been spewing against Linux for years. If they indeed do have such patents, release the patent numbers they claim are being violated. Anything they have patented is already public record and the average person is able to easily read the entire text of their submission. If it does in fact violate their patent, the OSS community would be able to work around that quickly.

    21. Re:wince by Anonymous Coward · · Score: 0

      Remember that Android is powered by Google, and Google bought Motorola patents, and Motorola was in the phone business when Billy Gates was a Zygote!

    22. Re:wince by idontgno · · Score: 1

      Microsoft may have done some innovation and may have the patents to prove it, but given their history as an abuser of the patent system, legal system, innocent chairs, and the very word "innovation", nobody is going to just take their word for it.

      Well, apparently, the USPTO did. But they were under a lot of pressure at the time...

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    23. Re:wince by travisco_nabisco · · Score: 1

      And, for better or worse, the validity of patents is not determined until a court challenge is made.

    24. Re:wince by c · · Score: 1

      Microsoft may have done some innovation and may have the patents to prove it, but given their history as an abuser of the patent system, legal system, innocent chairs, and the very word "innovation", nobody is going to just take their word for it.

      Well, apparently, the USPTO did. But they were under a lot of pressure at the time...

      From the context, I would have thought it was obvious that I meant "nobody who knows anything thing at all about patents or innovation". But thank you anyways for pointing that out.

      --
      Log in or piss off.
    25. Re:wince by Ravaldy · · Score: 1

      There is a process to identify how users interface with devices. There is a cost to this. Meetings, trials, feedback, development. It's not free. At my work we have developed a paper process that went through hundreds of iteration. If you look at the paper today you'll say: "That's obvious". It's easy to say that when you see the end product.

      So thinking that a simple way of navigating is simple to develop is plain ignorant. People who develop applications and GUIs understand what I speak off.

    26. Re:wince by travisco_nabisco · · Score: 1

      I agree with you completely.

      In my mind a lot of the problems we are seeing with patents are that when they were granted they may have been innovative, however when tech geeks today look at them they seem obvious.

      People need to realize that the idea that was patented was likely validly granted at the time of filing, yet would not be granted today. However that does not make the protection of the patent any less valid.

      One solution may be to shorted the lifetime of SW patents.

    27. Re:wince by Anonymous Coward · · Score: 0

      At first this really pissed me off but then I realized we are in a slightly better position than we were previously. Before we had to pay the M$ tax and use Microsoft's shitty products. Now we just pay the M$ tax but we get to use a decent product.

    28. Re:wince by Anonymous Coward · · Score: 0

      Firstly, ideas should not be patentable. If you had actual implementations in mind, then your implementation should not be patentable if little upstart can read about it and implement it, because it is obvious to the one skilled in domain.
      If I recall correctly, the idea with the patent system was to get people to share their advanced solutions with the world in exchange for monopoly, because these solutions were kept secret. I bet you, if someone would describe most of these "million dollar" patents and kept their implementations secret, there would still be thousands of developers who could implement them without investing millions of dollars into research.

      "A patent is a document, issued, upon application, by a government office (or a regional
      office acting for several countries), which describes an invention and creates a legal situation in
      which the patented invention can normally only be exploited (manufactured, used, sold, imported)
      with the authorization of the owner of the patent. “Invention” means a solution to a specific
      problem in the field of technology. An invention may relate to a product or a process. The
      protection conferred by the patent is limited in time (generally 20 years). "

      From WIPO handbook

    29. Re:wince by andydread · · Score: 1

      Let me put it to you this way. You sit down at your computer and write your own fucking code from your on mind. You invented the code and you distribute the code. That code competes with a product the microsoft has on the market. Your code is completely different from any code Microsoft has written. You are telling me that it's OK for MS to come along and ask people to pay for using YOUR code even though they have nothing at all to do with that code. That is OK? Because this is exactly what the fuck is happening here. Microshaft has decided to extort patent licensing fees from Open Source code and ANTYING powered by Linux in particular. Android or no fucking Android this is about Linux a competing operating system to thiers. Any attempt to spin this is either pure ignorance or pathetic trolling on the part of Microshaft.

    30. Re:wince by andydread · · Score: 2

      Do you write code? So its ok for you to write code and for me to come along and to use a patent to take ownership of your fucking code? OK glad to know your position. Microsft are shitheads because they didn't write ANY of the code in Linux yet they are suing over code that is not theirs. And your pathetic defence of them suing people that make devices with Linux is woefully pathetic.

    31. Re:wince by CannonballHead · · Score: 2

      There's a long list of companies, including Samsung, apparently. You really think they can't afford lawyers to stand up to Microsoft? Or HTC?

      While I don't particularly like the insane patent wars ... I'm not sure Microsoft isn't on fairly solid "patent" footing. I seriously doubt that a company as big as Samsung or Foxconn *actually* just say "oh, okay Microsoft, even though those patents clearly aren't valid and clearly have no application here, we'll pay you anyways."

    32. Re:wince by CannonballHead · · Score: 1

      You are thus saying huge companies with litigation groups like Samsung and Foxconn just blindly believe the FUD about non-existent ("mythical") patents and are willing to pay money ... for something that doesn't exist? Either Microsoft has patents, or Samsung and Foxconn are insanely stupid and aren't requiring Microsoft to show them why they legally have to pay the licensing fees. I have a hard time believing the latter.

      Perhaps MS is hiding which patents precisely so that the OSS community doesn't fix it. Dirty trick, perhaps, sure. But that doesn't mean the patents they are claiming to have are mythical.

    33. Re:wince by Anonymous Coward · · Score: 0

      That is OK

      I did not say it was OK. I basically said they get what they get under the law. They put a metric ton of work into this. They are going to want (and are required by their corp charter) to get their money back.

      What you are saying is lets say I come up with amazing compression alg. Put it into a product. No one uses it. I patent it. Then someone else puts the ACA into their product but I get no money (what you advocate). I use this example deliberately as it is what pissed everyone off about patents in the first place (the gif patent). It is dead easy to copy everything. It is why copyright and patents exist. To help you for a limited time and to help you make better stuff. Least that is the idea.

      If you found out 'microshaft' was using your stuff with no tit-for-tat in their product would you not get in a twist?

      You are mad because someone is getting money and you are not. You probably will end up paying for it too. Is it 'ok' or 'right'. No. But it is the law currently. It is the way it is because of people LIKE you. If you are too thick (or as you say 'ignorant') to see that maybe you need to step off your soapbox and look inward.

      This will really bake your noodle. GPL/BSD would not exist without the teeth of copyright and patents.

    34. Re:wince by loneDreamer · · Score: 1

      And, for better or worse, the validity of patents is not determined until a court challenge is made.

      For worse, definitely for worse.

    35. Re:wince by puddingebola · · Score: 1

      I'd like to respond to a few of your points. In terms of recommending patents and DRM to a startup, I find the attitude on slashdot to be fairly anti-patent and definitely anti-DRM. In terms of "Microsoft's shitty business ethics," I don't really feel they've been called each and every time, nor have they paid dearly for them. Look at the ruling in the Department of Justive/IE/Netscape case, which they in effect won by Judge Jackson's speaking to the press, or the Sun Microsystems Java license violation dispute, which got reduced after Sun won the case. It seems to me, instead, that Microsoft accepts the litigation and penalties levied against them as a cost of business, and is willing to accept them as a cost of their strategy. In terms of Microsoft's right to defend their IP, you have a point, but of course, I suspect this is more of the same FUD. One would certainly have expected them to sue Motorola, so Google and Microsoft could finally argue the validity of these patents in court. I suspect that will never happen. How patents SHOULD WORK in terms of protection of individual's and company's IP, and how they DO WORK, is a matter of considerable argument. My chief concern here isn't simply with Microsoft, but in terms of the power they confer upon the multi-billion dollar corporation that are collecting them, as well as patent trolls. The growth in the number of patents being issued is well documented, some of them suspect. If we could rely on a court system that was a level playing field, it might be acceptable, but I expect corporations with much deeper pockets to be able to buy much better legal representation and get their way. The concern here is that wealthy corporations will stifle startups and small company's that tread on a corporation's IP. Some may disregard this argument, but I think it's a legitimate concern. Look at the billions of dollars they are spending on this. In terms of Microsoft refusing to license their IP on a competing platform, perhaps they could, but then they don't want another visit from the DOJ either.

    36. Re:wince by TheDarkMaster · · Score: 1

      As I wrote earlier, part of the problem is you have to pay to prove that the troll is lying with a bogus patent. My country have a practically useless justice system, but here if a patent troll try to sue you and he lost, he is obliged to pay all court costs he caused, including your court costs.

      --
      Religion: The greatest weapon of mass destruction of all time
    37. Re:wince by F.Ultra · · Score: 1

      Then I would like you to invent something, spend millions of dollars developing it, and then have some big ass company like Microsoft get a court to issue an import ban on your products just because they happened to issue a patent that might cover the same thing.

    38. Re:wince by viperidaenz · · Score: 1

      That depends if you're a patent lawyer or not.

    39. Re:wince by Flere+Imsaho · · Score: 1
      --
      It gripped her hand gently. 'Regret is for humans,' it said.
    40. Re:wince by Anonymous Coward · · Score: 0

      Google sued Apple... but they used a wholly owned subsidiary Motorola, so they keep the "Google" brand clean.

    41. Re:wince by Anonymous Coward · · Score: 0

      Perhaps Microsoft is offering better rates than Samsung would get from its legal team.

      Cost to fight litigation vs cost to settle.

      Don't be so naive, this is about how much money do we have now,howmuch money would we have then.

    42. Re:wince by node+3 · · Score: 1

      I will disagree with you. Hard work does not mean you deserve to get paid.

      It does if people want your permission to use the fruits of your labor.

      Lots of people work very hard and produce unpopular products that never make money.

      Android is popular. MS doesn't deserve to make much money from Android if it's not doing well. They also don't deserve to make money from them if Android doesn't make use of MS's property.

      But it is popular, and it does use MS's property.

      This is simply rent seeking.

      Exactly correct. What's wrong with that?

    43. Re:wince by elashish14 · · Score: 1

      If Microsoft "invented" something before Android, before iPhone, before any current Smartphone, then they have a right to license and protect that IP, period.

      For the most part, you are correct.

      But they should NOT have the ability to license them under whatever terms they wish, and namely, they have no right keep these agreements under NDA. This gives them entirely disproportionate ability to manipulate market participants. Further, it COMPLETELY contradicts the whole (intended) purpose of patent law, which is NOT to simply encourage innovation, but to do so in a way which ALLOWS PARTICIPANTS TO SHARE THEIR IDEAS (otherwise, we would be perfectly fine with trade secrets). Keeping a patent agreement under NDA is blatantly contradictory to this intended goal, aside from the antitrust and extortionist effects.

      An important step towards fixing patent extortion is to require that patent licensing agreements always be made public. This is not an unreasonable mandate: if patents are really supposed to promote innovation (which is a laughable notion, but the people in control seem to wish it so), then there's no reason why the patents in question and their value for each competitor cannot be made public. This is at least a better model than the current "Give me money because I have more money and better lawyers than you."

      Even better, it would be best if participants were made to register their agreements with the granting patent office, and the patent office should be entitled to a reasonable fraction of the revenue. This would discourage wrongful patents and put a more reasonable value on their worth, and most importantly, those that are benefiting from the system own an obligation to support it.

      Of course, math, software, user interface, and all other imaginary inventions should not be patentable anyways. These are simply facts, though the current legal system is currently ignoring them.

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    44. Re:wince by VortexCortex · · Score: 1

      And, for better or worse, the validity of patents is not determined until a court challenge is made.
      For worse, definitely for worse.

      That depends if you're a patent lawyer or not.

      Ah, gotcha:
      If say you, "Patents aren't for worse", then us to them: "Off to the hearse!"

    45. Re:wince by CannonballHead · · Score: 1

      I'm not sure Samsung would be so naive either, though, would it? Samsung is heavily invested in Android at this point, from what I can tell. They would like to have a significant boom to their android devices. Seems like it'd be pretty hard to figure out how much money is going to end up being paid through licensing vs. legal fees.

      I am not being naive in that I realize the ongoing-license-fees vs. legal fees is a very real problem; however, I'm not sure Samsung's leadership is quite so naive to say "oh, uh, well, we don't really care about this at all other than money, so let's just go with the cheapest route." I don't KNOW what they were thinking, but it seems silly to just assume that was THE factor that they considered. I mean, what about Android growth? If they hope to grow their Android division, those licensing fees are going to continue to grow indefinitely. Not sure the legal fees will. (plus, don't they already pay their lawyers regardless? I don't actually know how that part works. Besides, if they have a good defense and truly believe these patents wouldn't hold water, then can't they win and force MS to pay the legal fees?)

      To me, it seems much simpler and saner to assume MS has some point. How much of a point? I dunno. But it seems hard to believe that these large corporations, who constantly have lawsuits going on, are just rolling over because suddenly, they don't have enough lawyers even though they know they could win against MS. Seems silly.

  9. If you don't like it, don't encourage it. by QilessQi · · Score: 3, Insightful

    If you agree with Microsoft's position, and believe that they're owed licensing fees, fine: just be aware that the cost of the licensing fees is being passed on to the consumer.

    If you don't agree with Microsoft's position, one thing you can do is to not purchase from any company participating in such agreements. Even better: purchase from a company that isn't, and send a letter to a company that is, so they understand that they're cutting off their own air supply.

    If you want to make something go away, make it unprofitable for the parties involved.

    1. Re:If you don't like it, don't encourage it. by cdrudge · · Score: 3, Insightful

      If you don't agree with Microsoft's position, one thing you can do is to not purchase from any company participating in such agreements. Even better: purchase from a company that isn't, and send a letter to a company that is, so they understand that they're cutting off their own air supply.

      Unfortunately, that's not really an option unless you just don't want a cell phone. The amount of licensing and cross-licensing in the cell phone industry makes it impossible for you to avoid a manufacturer that has a deal with a company you don't agree with their position.

    2. Re:If you don't like it, don't encourage it. by Anonymous Coward · · Score: 0

      I'm surprised this hasn't been done yet. Won't just one of you write that letter?

    3. Re:If you don't like it, don't encourage it. by dkleinsc · · Score: 2

      just be aware that the cost of the licensing fees is being passed on to the consumer.

      This is a common belief, but it's only true if the market in question is a fully competitive market or a monopoly, which cell phones aren't (they're an oligopoly).

      If it's a fully competitive market, then the cost of the cell phone is as low as the manufacturer can possibly make it, so any increase in costs have to get passed on 100% to the consumer or the company will go under. In an oligopoly, though, each manufacturer has enough pricing power that the actual price is usually significantly higher than that (because manufacturers know there's more to be made by everyone keeping the price artificially high than by winning sales by competing on price).

      If it's a monopoly, then the cost of a cell phone is whatever the manufacturer feels like, so any increase in costs will get passed on 100% to the consumer because there's nothing to stop the monopolist. In an oligopoly, though, what can stop them is their competitors who may use this as an opportunity to grab market share by providing the same product for less.

      The upshot of all this: The price might go up to account for some or all of the cost, the profits (and thus investment returns) may go down to account for some or all of the cost, or the company might cut costs in other ways to pay for it. But an automatic "All cost increases get passed to the buyers." is very much an oversimplification.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    4. Re:If you don't like it, don't encourage it. by QilessQi · · Score: 1

      Interesting point; I hadn't considered the nuances of price setting. :-)

      Seems to me, though, that if certain manufacturers are paying protection money, and others aren't, then the ones who aren't are more free to make their sale prices more competitive, and gain market share that way. You're right; they might not choose to do so. But if I were making a popular brand of cellphone and I knew that most of my competitors had additional overhead that I didn't, I'd be sore tempted to compete with them on price to grab a few of their customers. So we'd all be overcharging the consumer, but I'd be overcharging less. :-)

       

  10. The protection racket is still going on ... by slb · · Score: 2

    I can see why they agreed to pay.

    Foxcon legal department assessed the cost of litigation to fight against bogus patents potentially higher than just pay those damn mafioso.

    Also the behavior of the US justice in Apple vs Samsung may have told them that the mafioso business of extortion through patents is somewhat tolerated in this country. Well not much different finally than doing business in China, but at least in China the extortion by the members of the army or the Central Committee is not hiding behind patent laws and China never pretended to be a free market.

    --
    http://www.transparency.org
    1. Re:The protection racket is still going on ... by TheDarkMaster · · Score: 2

      When you enter the lawyers game, you have already lost.

      --
      Religion: The greatest weapon of mass destruction of all time
    2. Re:The protection racket is still going on ... by Anonymous Coward · · Score: 0

      I wonder what the Hon Hai legal department assessed to be the costs of fighting suits from Google, FSF, DOJ, possibly Apple (think about it), possibly Samsung, etc. Tortious interference, restraint of trade, copyright interference, anti-trust, conspiracy, and racketeering are obvious possibilities aside from patent counter-claims. Something here for everybody. We really ought to thank the Borg; now everyone's emperors are revealed to be naked.

      See, Eric, what the hypocrisy of your drone-grabbing statements will get you?

      Forget free enterprise; even the "progressives" really only believe in monopoly.
       

    3. Re:The protection racket is still going on ... by westlake · · Score: 0

      Foxcon legal department assessed the cost of litigation to fight against bogus patents potentially higher than just pay those damn mafioso.

      Grow up.

      This is Foxconn, remember.

      [The] world's largest electronics contract manufacturer measured by revenues.

      Foxconn is primarily an original design manufacturer, and its clients include major American, European, and Japanese electronics and information technology companies. Notable products that the company manufactures include the iPad, iPhone, iPod, Kindle, PlayStation 3 and Wii U.

      Foxconn has been involved in several controversies, most relating to how it manages employees in China where it is the largest private-sector employer.

      Foxconn's largest factory worldwide is in Longhua, Shenzhen, where hundreds of thousands of workers (varying counts include 230,000, 300,000, and 450,000 are employed at the Longhua Science & Technology Park, a walled campus sometimes referred to as '''Foxconn City'' or ''iPod City.''

      Revenues NT$ 3.452 trillion (2011)
      Employees 1.23 million (2012)

      Foxconn

      Look at those numbers and tell me with a straight face that this is a company that can't defend itself.

      That its potential exposure wouldn't justify the expense of litigation --- if its attorneys, accountants and engineers saw any reasonable chance of winning on the merits.

    4. Re:The protection racket is still going on ... by jedidiah · · Score: 2

      > Grow up.

      You first.

      Foxconn has to engage in ADULT risk analysis here. Just to get started, they need to dedicate considerable resources should they decide to fight these patents head on. That money is gone regardless of the results and those results are very unpredictable.

      Juries can be fickle things and the potential negative consequences are most dire.

      Realizing that discretion may be the better part of valor is a big part of "adult" thinking.

      Foxconn actually has something to lose. Some idiot posting in a web forum does not.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:The protection racket is still going on ... by thaylin · · Score: 1

      Unless the cost to fight is 9 billion, the the cost to license is 8 billion.

      --
      When you cant win, ad hominem.
    6. Re:The protection racket is still going on ... by inode_buddha · · Score: 1

      Barnes and Noble told them to stuff their NDA and guess what? Barnes and Noble no longer has to put up with MS bluffing. See, it depends on the skill of the lawyers. That is what Foxconn is lacking. Which is understandable since the USA isn't exactly in their jurdistiction.

      --
      C|N>K
    7. Re:The protection racket is still going on ... by Anonymous Coward · · Score: 0

      That's NT$3.452 Trillion *REVENUE*. This doesn't subtract any sunk costs (labor, building maintenance, equipment).

      Their profit is actually NT$82 billion, which is only about US $2B.

      In other words, if Foxconn were sued and the same penalty were issued to them as the Samsung case (you know, rounded corners and whatnot)? Their entire year's profit would have been flushed down the drain --- and that's just ONE case! Foxconn makes things for dozen or so companies... can you imagine if two companies sued them?

      So you're right. They could defend themselves... if they don't like money for a whole year.

  11. Great news by Anonymous Coward · · Score: 0

    Now even if you aren't a customer of Microsoft you're a customer of Microsoft!

    Should we be using Microsoft for Android customer service calls now?

  12. Microsoft DID break new ground by Miamicanes · · Score: 3, Informative

    As fashionable as it is to hate Microsoft and gripe about how badly Windows 8 sucks, the fact IS that Windows Mobile WAS groundbreaking back in the early 00s. It might have been utterly dysfunctional out of the box as an operating system for making voice calls, but as the operating system for a pocket-sized laptop with wireless data capabilities, it picked up the ball where Palm dropped it and ran even harder. Had Microsoft left well enough alone, and reacted to Android by creating proper APIs for implementing alternative 'phone' and 'launcher/homescreen' thirdparty apps (instead of delegating the task to HTC and calling it a day, then later throwing the baby out with the bathwater so it could port Danger's OS from Java to C# and rebrand it as "Windows Phone"), WinMo8, 9, or 10 would have been a strong alternative to Android today instead of the crippled, unloved, locked-down joke we have now that's turned into a cancer destroying desktop Windows as well.

    Lots of the things we take for granted in Android were "there" and worked fine in Windows Mobile 5/6, too... and more importantly (for patent purposes), did NOT work well AT ALL in PalmOS (if they worked at all), and barely worked in Android & IOS until 2010 and beyond. The biggest single problem high-end WinMo phones had was hardware -- US Carriers weren't in any hurry to push the envelope, and HTC was perfectly content to give them the minimum they asked for. And HTC made the ill-conceived decision to eliminate the 'windows' and 'ok' hardkeys in an effort to be more iPhone-like, without stopping to consider the fact that all of Microsoft's usability testing up to that point TOOK FOR GRANTED that the device would have two physical buttons that required at least a little bit of physical force to trigger (hence, the in-pocket touchscreen activations that caused endless misery if you got a text message or phone call that went straight to voicemail).

    Anyway, the point is that once in a great while, Microsoft *does* manage to do something right, even if it completely drops the ball in other related areas. WinMo had plenty of warts, but circa 2005/2006, it WAS pretty much the best thing you could get if you wanted wireless internet connectivity in a device that could (sort of) limp along and make voice calls in a pinch. And it sure as HELL beat walking around with a Palm Vc or Handspring Visor and $129 18" cable to plug it into your clamshell phone for data a few years earlier, or limping with a later PalmOS phone that was good for making voice calls and managing an address book, but fell flat on its face the moment you tried doing anything that involved realtime network communication with a responsive UI (the UI froze whenever the phone was sending or receiving data due to the way PalmOS Garnet's network stack was stapled onto it as an afterthought).

    Also, I believe a big chunk of Microsoft's patent portfolio came from its acquisition of Danger (the Sidekick's maker), which had plenty of its own innovations.

    1. Re:Microsoft DID break new ground by mdragan · · Score: 0

      Yes, but the fact still remains, that allowing anyone to take good and necessary features, publish the description of those features like they are implementation details (which is what patents should be), then sue the hell out of those who do get the whole thing right just to rob some of their success, is still wrong.

    2. Re:Microsoft DID break new ground by Anonymous Coward · · Score: 0

      WinMo had plenty of warts, but circa 2005/2006, it WAS pretty much the best thing you could get if you wanted wireless internet connectivity in a device that could (sort of) limp along and make voice calls in a pinch.

      Never used a Blackberrry circa 2005/2006? Much better devices.

    3. Re:Microsoft DID break new ground by andydread · · Score: 1

      sorry but writing code is not innovation. sorry to bust your bubble. So if you wrote some code and MS came along and said that code is covered under a patent that they have but that patent does not have any source code in it. just a discription of what code can do. You are telling me that its OK for MS to come along and charge people for code that you wrote that is completely different from anything that they wrote? WOW and you support this? Are you working for Microsoft? or Burson Marsteller?

  13. Foxconn doesn't make Android devices by Anonymous Coward · · Score: 4, Interesting

    Bogus deal, Foxconn only makes the hardware not the device. It's a contract manufacturer. This will cover only devices Hon Hai make for itself which presumably why the strange wording of the press release, talking about HonHai while implying it covers Foxconn's contract manufacturing.

    "While the contents of the agreement are confidential, the parties indicate that Microsoft will receive royalties from Hon Hai under the agreement."

    Hon hai is not Foxconn, as I said Foxconn is a contract manufacturer, it competes with everyone else to manufacture devices. If they tried to add a fee, they'd simply price themselves out of the market, Hon Hai on the other hand does make a few devices, and this cover those.

    Hon Hai also are fools to pay the Danegeld because Microsoft has a lot of these fluff troll patents and has donated many to 'independent' third party trolls. Sooner or later the next troll will demand money, and the next and the next.

  14. More lucrative than Windows Phones by T.E.D. · · Score: 2

    So how much more money is Microsoft making off of Android than they are off of their own phones?

  15. Death Spiral? by lord_mike · · Score: 2

    Doesn't the usual life cycle of a company typically end with it becoming an patent troll as it nears the end of its life? When Kodak, Polaroid, Xerox and other companies were struggling to stay alive during massive changes in the market, they managed to extend the life of their company by a few years by by gong on a patent licensing crusade. The real tell for Microsoft will be if its patent licensing ever becomes the majority revenue maker in the company. That's generally the true sign that the end is near.

    It's certainly not a good sign for the future of Microsoft's mobile business if they are making more money off of a competitor's product than their own.

    1. Re:Death Spiral? by h4rr4r · · Score: 3, Insightful

      It is not a good sign for Foxconn either. You never pay the danegeld. I am not suggesting they are near any sort of real danger for now, just that this only makes them less competitive and it only makes MS bolder in rent seeking from Foxconn.

    2. Re:Death Spiral? by EmperorArthur · · Score: 1

      Microsoft has been threatening Linux for years. I mean, they even helped fund SCO's ridiculous lawsuits.

      This isn't new behavior for them. It's a way to turn a free (in software costs) product cost money. Honestly, I'm surprised they didn't go this route when Android first came on the market. They probably didn't want to go after Google directly back then.

      The largest recent change has been the massive (and illegal if you look at the trial details) winnings in the Samsung case.

      --
      So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    3. Re:Death Spiral? by EmperorArthur · · Score: 1

      Here's a thought. In some cases Microsoft is now double dipping.

      The device creators pay the M$ extortion fee, and now the manufacturer does as well. So, for every phone made M$ has potentially doubled there profits. Illegal? Probably not. Unethical? When has that ever gotten in the way of M$ profits?

      --
      So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    4. Re:Death Spiral? by Anonymous Coward · · Score: 0

      Might it be fair to say that Microsoft is now the one doing the Scroogling?? ah haha

    5. Re:Death Spiral? by marcosdumay · · Score: 1

      What makes you think that Foxconn is actualy paying anything? The MS press release? Didn't you already learn to not trust those things?

    6. Re:Death Spiral? by Anonymous Coward · · Score: 0

      If that were a universal truth, IBM would be long dead.

      So far, not the case.

  16. I also pay you by Anonymous Coward · · Score: 1

    More likely I say you should pay me for the use of the index finger. You agree, all too readily, you will pay me for that middle finger usage.

    Shortly afterwards we announce an unrelated joint deal to promote something, which involves large amounts of money from me to you. You pay me my (undisclosed) but likely tony token fee, and we do our joint promotion. So for Samsung this was a subsidy on the Windows Phone from Microsoft.

    Outside viewers smell a rat, but the companies concerned are under NDA and nothing short of an anti-trust cartel investigation will open that can of worms. Reminds me of Intel and its "you pay a fortune for our chips and we'll pay you promotion fees back, but only if you don't also use AMD chips". It tooks years before the anti-trust lot tackled that game.

    In effect Microsoft has bought an anti-competition agreement hidden behind a patent license. But how can you prove it, when they don't even list the patents supposedly being licensed?

  17. Re:damn by Anonymous Coward · · Score: 1

    Can I have your iPad when you're gone?

  18. Keep it vague by Anonymous Coward · · Score: 5, Insightful

    So to paraphrase your post. Basically they tweaked PalmOS.

    If their patents had any value, you wouldn't have to cover them with an NDA before listing them. If their patent list can't stand scrutiny then the patents themselves can't have value that stands up to scrutiny.

    Normally when Slashdot discusses patents there's a number, the magic patent number, the thing that's remarkably missing with Microsoft. The last one they made the mistake of being open with, was long filenames in a filetable, later invalidated because Amiga had it sooner.

    http://www.wired.com/wiredenterprise/2012/03/ms-patent/

    1. Re:Keep it vague by Miamicanes · · Score: 0

      No. PalmOS in its pre-Cobalt form was fundamentally dead on arrival the moment realtime tcp/ip with a responsive UI became a big deal, just like MacOS9. A PalmOS phone was basically a Palm Pilot strapped onto a headless phone through a serial port. The phone subsystem was pretty much completely independent from the palm subsystem, sharing little more than an internal serial link and battery.

    2. Re:Keep it vague by Anonymous Coward · · Score: 0

      "No. PalmOS in its pre-Cobalt form was fundamentally dead on arrival the moment realtime tcp/ip with a responsive UI became a big deal"

      Patent number?

      See vague, lots of words, but no substance behind them. Windows phone BTW isn't realtime, the interrupt signals an event handle and returns. The event releases the thread waiting on it that processes the interupt. Interrupts don't have priorities and they don't yield back to the thread that was running. But lets put that aside for a minute and pretend. What patent number?

    3. Re:Keep it vague by tlhIngan · · Score: 1

      No. PalmOS in its pre-Cobalt form was fundamentally dead on arrival the moment realtime tcp/ip with a responsive UI became a big deal, just like MacOS9. A PalmOS phone was basically a Palm Pilot strapped onto a headless phone through a serial port. The phone subsystem was pretty much completely independent from the palm subsystem, sharing little more than an internal serial link and battery.

      That's the logical construction of every phone out there, including dumbphones. And even highly integrated modem-and-AP-SoCs.

      I say logical because while it's no longer an RS-232 link, it's still virtualized as a serial channel - the physical signalling can be USB, a bit of shared memory and a set of mailboxes, etc, but it's all logically laid out as the AP (runs Android/iOS/Windows/whatever) sends commands to the modem (handles cellular telephony - from baseband through air interface) which does stuff.

      Sometimes, the baseband is a software driver, but its still laid out like that in software.

      Even in a dumbphone the processor handling the keypad, contacts, etc., is separate from the processor handling the telephony. On powerup most OSes query the modem to access the SIM contact list and use it to populate the contacts app. The modem itself can talk to the SIM for some stuff, but user data isn't one of them.

      And yes, Android maintains this as well by having the telephony side abstracted away - the OS makes standardized API calls that get translated to the actual modem command - be it a Hayes AT command, a binary blob in shared memory, or a binary library exporting some APIs.

      Now, you can argue that maybe the phone app isn't well integrated with the rest of the OS, in which case it's an OS integration issue. Several Windows Mobile phones were like that as well - I know of one I was looking at years ago that was PocketPC running the manufacturer's app to do phone stuff (it was a PDA with a tacked on modem), or what you would've seen with a WWAN card in your PC - you ran an app to manage the wireless stuff - and how well the app integrated into the host OS determined how well it acted with the OS.

    4. Re:Keep it vague by Anonymous Coward · · Score: 0

      Or, they don't have actual relevant patents...

      They're obligated to disclose them to the infringers or face the prospect that they can't enforce on that group of infringers. Laches takes place at this point because they've been playing this game for 5+ years and not told the AOSS or Linux communities what's actually infringing only that we are. Clearly not legit.

      The companies, so long as they're participants in full of those said communities, they've effectively got a Laches case and don't need to sign the NDA OR any agreements. I'm strongly suspecting B&N's legal team saw this and it's part of why they told MS to go pound sand.

  19. Re:Massive or tiny? by Eirenarch · · Score: 2

    I don't think the publicity aims to show that Microsoft is relevant or that Foxcon is friendly company. It aims to show Android OEMs that they must pay when Microsoft visits them.

  20. That tears it! by jbeaupre · · Score: 2

    I'm voting with my wallet. I'm definitely not going to be buying an iPhone made by Foxxcon. Who's with me?

    --
    The world is made by those who show up for the job.
    1. Re:That tears it! by Anonymous Coward · · Score: 0

      Good on you to bring Apple into this discussion. No Slashdot thread can be complete without Apple hate.

    2. Re:That tears it! by jbeaupre · · Score: 1

      Hear that whooshing sound? That's a joke going over your head. If you still don't get it, I'd be happy to explain it to you. I'll write very slowly for you.

      --
      The world is made by those who show up for the job.
    3. Re:That tears it! by Anonymous Coward · · Score: 0

      Your jokes are bad and you should feel bad.

    4. Re:That tears it! by jbeaupre · · Score: 1

      Oh yes, I feel terrible. Oh so terrible for parodying people who knee-jerk hate Apple or Foxconn. What ever shall I do to atone?

      And yet I bet you still don't get the joke. That makes me feel oh so bad. Next time I'll do a fart joke instead.

      --
      The world is made by those who show up for the job.
  21. IE is the fastest browser by andrewlivi · · Score: 3, Funny

    "The patents at issue cover... surfing the web more quickly"

    Brilliant, if you're not the fastest just patent the idea of being fast and sue everyone.

  22. We are so emotional by tuppe666 · · Score: 1

    As fashionable as it is to hate Microsoft and gripe about how badly Windows 8 sucks

    People aren't emotional over Microsoft they just recognise that Microsoft is not a good company, and Windows 8 is single handedly killing off Desktop industry (4 Aticles!? on here in one week). They are simply buying there products from companies that deliver.

    1. Re:We are so emotional by Anonymous Coward · · Score: 0

      If your standard for how badly Microsoft is doing, you'll need to provide a few more articles than 4 from this place.

  23. Antitrust shell game by Anonymous Coward · · Score: 0

    I suspect the deal is as follows:

    Microsoft pays company X a huge fee in some form, sometimes they call it an investment, sometimes, a joint marketing agreement, sometimes a manufacturing deal. It's called many things, but basically it's a big wad of cash handed from Microsoft to the company X.

    In turn, the company X agrees to not make Android devices (I think Nokia signed that), or if it already does, to pay per unit license fees. Basically, the big bonus payment it gets from Microsoft gets smaller for every Android handset they sell vs a Microsoft one.

    Of course that's illegal, they got into trouble with Netscape paying ISP to ship IE and drop Netscape Navigator. So here the back payment is dressed up as a patent license, and the forward payment dressed up as an investment in a new subsidiary or similar complicated way of giving the company money.

    e.g. Microsoft makes $300 million investment in Barnes and Noble.
    "It will come in the form of a new subsidiary of B&N that will include all of its Nook business as well as its educational College business. Microsoft is making a $300 million investment in the subsidiary, valuing the company at $1.7 billion in exchange for around 17.6 percent equity in the subsidiary."

    See the B&N deal, basically B&N own that subsidiary, and can extract fees from it. So Microsoft can pretend it didn't give B&N money, and it can pretend it 'bought' a share in a subsidiary company. Anti-trust investigator would take years to unravel the paper trail for that one.

    See the Nokia deal, Nokia kills its own phones, received billions from Microsoft and Nokia signs a license to WP7. Normally anti-trust alarm bells are ringing straight away, in effect Microsoft paid to kill a competitor and paid to put its own thing in place. But since Nokia would be the complainant in any anti-trust agreement and Elop is in place, there's no complaint to investigate.
    http://www.computerworld.com/s/article/9209259/Microsoft_to_pay_out_billions_as_part_of_Nokia_deal

    All dodgy as f*** but structure in ways that are difficult for anti-trust investigators to unravel.

  24. Apple OEM licenses Android patents from Microsoft by citizenr · · Score: 2, Interesting

    This is brilliant. Company that mainly makes Apple products will license "Android patents" from Microsoft.
    Lets rephrase that. Microsoft hates Android, Apple hates Android, Apple tells its biggest client "go fetch". Foxconn does what its being told and promises to pay for something that doesnt exist and doesnt belong to a person it is giving money to. Whats more it will pay for every Android device it makes ... except it doesnt make any, it makes Apple devices.

    Its an equivalent of Nokia licensing imaginary Android patents from Microsoft ... oh wait, Nokia DID license those too haha. Whats next? Dell licensing those patents? HP? Maybe Lexmark or Adobe? or Procter & Gamble?

    --
    Who logs in to gdm? Not I, said the duck.
  25. You can't regain relevancy via the courtroom. by wcrowe · · Score: 1

    Things must be worse at Microsoft than I thought. Trying to regain relevancy via the courtroom sounds desperate. That's just what Atari was doing right before they faded into the sunset.

    --
    Proverbs 21:19
    1. Re:You can't regain relevancy via the courtroom. by andydread · · Score: 1

      yep and Kodak too.

  26. Racketeering by Anonymous Coward · · Score: 0

    At what point do the anti racketeering laws kick in. Sounds a lot like paying for "protection" to me.

    Queue up the Godfather theme song.

  27. Patently Absurd by tuppe666 · · Score: 2

    Except this is just what happened in real life in a deal between IBM and SUN back in the 1980's

    http://www.forbes.com/asap/2002/0624/044.html

    here how it ended "An awkward silence ensued. The blue suits did not even confer among themselves. They just sat there, stonelike. Finally, the chief suit responded. "OK," he said, "maybe you don't infringe these seven patents. But we have 10,000 U.S. patents. Do you really want us to go back to Armonk [IBM headquarters in New York] and find seven patents you do infringe? Or do you want to make this easy and just pay us $20 million?" "

  28. Re:Apple OEM licenses Android patents from Microso by transporter_ii · · Score: 2

    Interesting, but with some searching, Foxconn does actually make android/chrome devices:

    Google Glass project said to be made by Foxconn in California
    FoxConn Making An Amazon Phone For 2013
    Acer Android phones...made by FoxConn

    Granted, it seems to be a small percentage of what they do for Apple, it isn't exactly..."they don't make any"

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
  29. Sadly true perhaps, but... by QilessQi · · Score: 2

    ...there is at least one primary manufacturer who won't play ball with Microsoft. From the article:

    One manufacturer still holding out on Microsoft's Android licensing agreements is Motorola Mobility, which is in ongoing patent litigation with Microsoft — drawing
    Google, Motorola Mobility's owner and driving force behind Android, into the fray.

  30. Re:Massive or tiny? by Sockatume · · Score: 3, Insightful

    I don't think you understand who Foxconn are. They do the actual manufacturing work for almost everyone in the tech business, from Apple and Motorola to Nintendo and Sony; the aforementioned "clients" they want to shield. In terms of who it affects, it's huge.

    --
    No kidding!!! What do you say at this point?
  31. Re:Apple OEM licenses Android patents from Microso by Sockatume · · Score: 2

    Foxconn isn't just an "Apple OEM", they make portable electronic devices for nearly everybody, including - yes - Android devices.

    --
    No kidding!!! What do you say at this point?
  32. Google has no standing. by Anonymous Coward · · Score: 0

    Therefore they cannot order the judge to change the order or sue for losses, since they haven't lost a thing.

  33. M$ changes business model by kurt555gs · · Score: 1

    Given that no one wants Windows 8 infecting their electronic devices, Microsoft is left with becoming a bully patent troll.

    --
    * Carthago Delenda Est *
  34. innovation failure by SkunkPussy · · Score: 1

    It irritates me that Microsoft, having consistently failed to innovate a phone that anybody wanted to use, is now able to extract money out of other people's efforts. Its an innovation tax. Don't bother innovating, as failed innovators will help themselves to the profits of your innovation.

    --
    SURELY NOT!!!!!
    1. Re:innovation failure by jbonomi · · Score: 1

      I dunno SkunkPussy, everyone I know with a Nokia Windows Phone these days claims to absolutely love it. Nothing to convince me to buy one, but yeah. Not that this has anything to do with the patent bullshit going on.

  35. Re:damn by dAzED1 · · Score: 1
  36. As decribed. by I_Wrote_This · · Score: 0

    natural ways of interacting with devices

    If they are "natural ways" they are presumably "obvious". And hence unpatentable?

    Or am I just not thinking as someone trying to extract money for doing nothing?

  37. Patents and back-room deals by phorm · · Score: 1

    Foxcon legal department assessed the cost of litigation to fight against bogus patents potentially higher than just pay those damn mafioso.

    That or they agreed to pay for patents in exchange for discounts elsewhere, making the patents appear to be more legit (or at least more widely accepted) but not really adding any cost.

    1. Re:Patents and back-room deals by Anonymous Coward · · Score: 0

      Or they expected to see higher costs on licensing some other product from Microsoft if they didn't roll over.

  38. O Happy Day by dickens · · Score: 1

    Microsoft is well on its way to becoming SCO.

    1. Re:O Happy Day by cmdr_klarg · · Score: 1

      Microsoft is well on its way to becoming SCO.

      Imagine a giant patent troll, with unlimited strength, a massive inferiority complex, and a real short temper, is tear-assing around the East Texas court system in a brand-new SCO suit. That sound like fun?

      --
      THE SOFTWARE, IT NO WORKY!!!
  39. Enough already by Anonymous Coward · · Score: 0

    Death to software patents

  40. Bullshit by Anonymous Coward · · Score: 0

    Give me a break! What 'technologies' did the iPhone steal from WinCE. Apple managed to create a cell phone that people actually WANTED instead of a half-backed wannabe. To be fair, Android stole a lot more from the iPhone than it ever did from WinCE.

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

      Start up your iPhone, and you will see a home screen with icons lined up on it. That 'display technology' is patented by Microsoft, and is only one of their thermonuclear patents that Steve Jobs wished he has for Apple. That's why even Apple precedes the likes of HTC and Samsung and pay a royalty to Microsoft for each of the iPhone they sell.

      It is ironic that while Steve Jobs declared that he will wage thermonuclear wars upon Android phone manufacturers, it was Microsoft that has an arsenal of them. Ever wonder why Samsung goes out of their way to battle Apple in multi-billion patent lawsuits, but doesn't even attempt to do so with Microsoft? Like Apple and HTC and Sony and LG et. al. Samung knows they will be taken to the cleaners if they even try.

  41. We all need a patent lesson by Cummy · · Score: 1

    I was of the impression that ideas can not be patented and only actual innovations can be. So let us assume the idea was Microsoft's, do they collect for an idea or the implementation of the idea? what if some one uses a different process from them, can they still collect? Tab browsing is a Microsoft invention? I think I have too many questions and I doubt if any one here can really answer them so I'll more stop at this point. No maybe one thing, Is SUSE(which is owned by Microsoft) released under the GPL? and if it is, doesn't it mean that innovations can be cannibalized from SUSE based on the GPL? This action by Microsoft goes beyond this one act. It it the patent industry gone mad an in the process driving up prices for the consumer. Too many patents sit on paper preventing innovations and charging an arm and a leg when someone independently comes up with an idea that is close to the one that's on paper. these acts are leading to the slow death of imagination, free thinking and innovation. Personally, I think that patents should have a life expectancy and can only be renewed if the patent holder is actively developing and or using the patent as part of a legitimate commercial activity. in Microsoft's own case all windows OS up to Win XP would just about be fair game, or force them to keep the OSes relevant. (What a task that would be, imagine Microsoft running around trying to preventing MS clones)

    1. Re:We all need a patent lesson by Pop69 · · Score: 1

      What gave you the idea SuSe was owned by Microsoft ?

    2. Re:We all need a patent lesson by Cummy · · Score: 1

      "which is owned by Microsoft" apologies for the error, this should have read "which is associated with Microsoft". Microsoft does not own SuSe but does have an association with them through two agreements. I'd still love to know a little about the patent business though.

  42. Protection money from the don. by ttucker · · Score: 1

    If you want to do business in this neighborhood, a certain payment is required for protection. Protection from whom? Me.

  43. Re:Apple OEM licenses Android patents from Microso by gnasher719 · · Score: 1

    Foxconn isn't just an "Apple OEM", they make portable electronic devices for nearly everybody, including - yes - Android devices.

    Foxconn isn't an Apple OEM at all. They would be an Apple OEM if you could buy Foxconn labeled computers or phones or tablets that are identical to or very similar to Apple products. Foxconn is a manufacturer building products _for Apple_ (among many others), that's the complete opposite of an OEM.

  44. Re:Apple OEM licenses Android patents from Microso by andydread · · Score: 1

    Lexmark along with Kyocera, buffalo, a-data, and others already paid Microsoft for NON-ANDROID Linux related patents. If people think this is about Android think again. Its about Linux and Android is just one implementation. many non-android manufactures have been caught in this extortion scheme just because they use Linux. Microsoft despicable scheme is against open source and they have said as much that they were going to use patents to kill Linux this is their plan at play.

  45. Why would anyone want to use Android? by thetoadwarrior · · Score: 1

    You get to fight for the unprofitable scraps Samsung leaves behind and have to go out of your way to try and stand out. Your users are probably tight wads and Microsoft is bound to bully you into giving them money. I think I'd rather start from scratch and develop my own OS.

  46. Wrong! by Dareth · · Score: 1

    You cast the result to a Boolean you imbecile!

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
    1. Re:Wrong! by viperidaenz · · Score: 1

      That depends on how your compiler stores boolean values.

  47. I know some bad jokes! by Anonymous Coward · · Score: 0

    Sorry if my comment is so crude, but my keyboard is covered in ASCII... Get it ASCII.....
    Mu ha ha ha...

  48. In case you missed, what patents is it about by Kartu · · Score: 1

    Here is it, thanks to Barns & Nobles:
    http://www.extremetech.com/computing/105113-microsofts-android-bullying-revealed-by-barnes-noble

    More details
    http://www.groklaw.net/articlebasic.php?story=2011111122291296

    TLDR:
    1) Background image loading
    2) Operating system provided tabs.
    3) Handles when selecting text.
    4) Annotation of electronic documents. (annotating them without changing the original document)
    5) Web browser loading status icons.
    6) Simulating mouse inputs using non-mouse devices. (basically everything with a touchscreen infridges)

  49. There goes cheap tablets by Anonymous Coward · · Score: 0

    So that will add yet another cost to the cheap devices ( tablets, phones, camera, tv streamers, etc ) coming out of china.

    F-U Microsoft. And the horse you came in on.

  50. Is Microsoft the next SCO by aklinux · · Score: 1

    Between Win8 not catching any traction and declining PC sales, is MS destined to be the nothing more than a high profile patent troll? Are they already there?

  51. More Patent Extortion by ExactMailbucket · · Score: 1

    Foxconn just got mugged.