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ZTE Joins Long List of Android Device-Makers Licensing Microsoft Patents

An anonymous reader writes "In its continuing march toward locking up deals with every major Android and Chrome device maker, Microsoft announced on Tuesday a patent-licensing agreement with Chinese manufacturer ZTE. This follows a similar deal last week with the parent company of Foxconn. Microsoft's Deputy General Counsel Horacio Gutierrez said, 'Much of the current litigation in the so called 'smartphone patent wars' could be avoided if companies were willing to recognize the value of others’ creations in a way that is fair. At Microsoft, experience has taught us that respect for intellectual property rights is a two-way street, and we have always been prepared to respect the rights of others just as we seek respect for our rights. This is why we have paid others more than $4 billion over the last decade to secure intellectual property rights for the products we provide our customers.'"

21 of 112 comments (clear)

  1. If you can't innovate litigate! by h4rr4r · · Score: 4, Insightful

    Rent seeking is the new innovation at Microsoft.

    Someone needs to stand up to these folks. Let's see these patents tossed out.

    1. Re:If you can't innovate litigate! by Tough+Love · · Score: 4, Insightful

      Rent seeking is the new innovation at Microsoft.

      You're being too kind. It's protection money.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    2. Re:If you can't innovate litigate! by icebike · · Score: 2

      Wait a minute, if your software weren't a cheap copy of someone else's idea you wouldn't have to worry about patents. But let's be honest, it is easier to whine about the "gross unfairness of patents" then it is to create a unique and original work.

      Really? Exactly what is innovative about the patents being licensed by Microsoft?
      Oh, that's right, its secret. Every one of these deals is under an NDA, both as to the amount of money and the specific patents involved.
      And apparently the secrecy is more important to microsoft than is the money. They are scared to death that someone will reveal exactly what is covered and which patents are involved for fear that they would quickly be found invalid.

      Yet they dare not claim Google violates their patents because they know they will get their ass handed to them in court. So they pick on the weak, trying to build a wall of patent licenses to fall back on.

      --
      Sig Battery depleted. Reverting to safe mode.
  2. What Microsoft told them... by Frosty+Piss · · Score: 5, Insightful

    "Look, you can licence our patents, or we can sue you. It really doesn't matter if you're using our patents or not, well tie you up in court for YEARS. Your choice..."

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:What Microsoft told them... by Lunix+Nutcase · · Score: 2

      So the answer is you're just making shit up.

    2. Re:What Microsoft told them... by Microlith · · Score: 3, Informative

      GPLv2 section 7:

      If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

      Everyone who signs Microsoft's agreement and continues to use the Linux kernel is in violation of its license. As such, anyone who holds copyright on the code in the kernel could file suit.

    3. Re:What Microsoft told them... by thegarbz · · Score: 2

      False. Microsoft's patents are about "doing shit on mobiles" and is not an attack on the Linux kernel but rather an attack on Android. The patents in question do not apply to the Linux kernel and the rest of Android is not published under the GPLv2.

      I think the licensees will be just fine.

  3. Gotta be kidding me by Severus+Snape · · Score: 3, Insightful

    "Much of the current litigation in the so called 'smartphone patent wars' could be avoided if companies were willing to recognize the value of others’ creations in a way that is fair." Most of the Android licensing deals have been based around FAT32, which has been around since Win95. What sort of credible value of that technology remains in 2013? Absolutely none.

    1. Re:Gotta be kidding me by AmiMoJo · · Score: 4, Informative

      The specific patent is for creating 8.3 file names from long file names. Linux works around it by simply not creating 8.3 file names, which seems to be more or less compatible with Windows which is presumably the goal here too.

      Those patents will expire soon. Maybe ZTE figured it would be easier to just wait them out and pay a little bit than it would be to fight them.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Gotta be kidding me by Anonymous Coward · · Score: 3, Informative

      Actually these patent wars are leading to innovation: Samsung has an experimental fs called F2FS that is already in linux 3.8 which is specifically designed to replace FAT on flash storage. The next android version is pulling from 3.8 and I'm guessing at around 2013Q3 tizen will get released with it as well. Gparted already has beta support and I'm guessing a windows driver is just around the corner.

      That is, unless Microsoft deliberately screw with the WHQL process...

    3. Re:Gotta be kidding me by icebike · · Score: 2

      Most of the Android licensing deals have been based around FAT32, which has been around since Win95. What sort of credible value of that technology remains in 2013? Absolutely none.

      Much but not all.

      Microsoft bought/brewed up MTP because FAT32 was expiring. Many smartphones use MTP to avoid having to put a true samba server or ftp server in the phones. There are also a few patents dealing with trivial user interface functionality.

      With bigger MicroSD cards the phones also run afoul of the SD Association of which Microsoft is a member, and many other members are merely Microsoft sock puppets since Microsoft managed to get their proprietary file system declared the standard for MicroSD cards throughout the entire line:
      SD card is formatted with MBR and the following file system:
      For SDSC cards: FAT16 (patent expired)
      For SDHC cards: FAT32 (still under patent)
      For SDXC cards: exFAT (still under patent)

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Gotta be kidding me by cheesybagel · · Score: 2

      From what I understand F2FS is meant as a replacement for EXT4 on flash devices. Not on memory cards and other devices which need to be shared. Those still use FAT. Why the heck didn't the industry band around an open standard like UDF instead of FAT for removable media is something which still eludes me to this day.

  4. List of patents? by Anonymous Coward · · Score: 5, Interesting

    Is the list of patents being licensed available or is this just more bullshit, like when they claimed Linux violated their patents and refused to say which ones?

  5. Running out of targets by c · · Score: 2

    Eventually, they're actually going to have to tell Motorola/Google (and everyone else) exactly what the patents are...

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  6. list of applicable patents Microsoft is using by Anonymous Coward · · Score: 5, Informative

    For anyone curious, these are the 4 patents that Microsoft has been wielding like a club. Note: I've shortened it to list the basic claims below. Microsoft claims are repetitive legalize and go on and on repeating the same drivel over and over. Notice they are saying that they hold sole claim to the concepts of scheduling meetings, sending and receiving messages on a cellular network, storing file names in a file system, and pressing buttons. It would be laughable if they weren't successfully litigating the crap out of the entire Android industry. It's the dying screams of a company that no longer matters that has stopped innovating and wants someone else's success for themselves. Very sad and pathetic really. The truth is they could sue Apple, IBM or anyone else that even manufactures PCs out of existence with these patents if they wanted, they're so broad and there's so much prior art it's not even funny. The fact that they courts are upholding them is scary.

    U.S. Patent No. 6,370,566 on "generating meeting requests and group scheduling from a mobile device" On May 18, 2012, the ITC ordered a U.S. import ban against Motorola's Android-based devices that infringe this Microsoft patent.

    Claims: The present invention includes a mobile device which provides the user with the ability to schedule a meeting request from the mobile device itself. The mobile device creates an object representative of the meeting request and assigns the object a global identification number which uniquely identifies the object to other devices which encounter the object. In this way, other devices which encounter the meeting request are capable of identifying it as a unique meeting request in order to alleviate the problem of duplicate meeting request transmissions. In accordance with another preferred feature of the present invention, an electronic mail application or calendar application on the mobile device obtains a fully qualified electronic mail address for the potential attendees from an abridged address book or directory stored on the mobile device itself. This alleviates problems associated with the storage capacity of the mobile device. In accordance with another preferred embodiment of the present invention, the mobile device creates the meeting object and the electronic mail meeting request object using a set of properties which are supported by a plurality of PIMs that may receive the objects. This provides compatibility with an increased number of devices which are likely to encounter the objects. In accordance with yet another preferred feature of the present invention, localizers implement a plurality of templates on the mobile device which are used in formatting the properties of the objects associated with the meeting request. A data stream representative of the meeting request is parsed by the mobile device and placed in pre-defined fields in the appropriate templates so that the text viewed by the user of the mobile device more closely conforms to local convention. In addition, time zone information is also included in one embodiment.

    ===

    EP1304891 on "communicating multi-part messages between cellular devices using a standardized interface" On May 24, 2012, the Munich I Regional Court granted Microsoft an injunction over this patent against Motorola's Android-based devices. This was the first Microsoft v. Google decision ever. It came down only days after Google completed its acquisition of Motorola Mobility. The ruling is already being enforced in Germany.

    Claims: A method for facilitating an application sending multiple short messages fragments, the method for use in a cellular network that facilitates the transmission of messages between cellular computing devices, the messages being multi-part messages that consist of multiple short message fragments of limited size: [either compressed, encrypted or wrapped in XML.]

    ===

    EP0618540 on a "common name space for long and short filenames" On July 27, the Mannheim Regional Court granted Microsoft a German patent injunction against Go

    1. Re:list of applicable patents Microsoft is using by Anonymous Coward · · Score: 2, Informative

      "EP0618540 on a "common name space for long and short filenames" On July 27, the Mannheim Regional Court granted Microsoft a German patent injunction against Google's Motorola Mobility over this file system patent. It decided the infringement question in Microsoft's favor and did not find Google's invalidity arguments strong enough to order a stay."

      This is used for the FAT32 filesystem, presumably. This patent dates from 1994. It's been 19 years. Thankfully it will finally expire in another year. I'll celebrate that day the same as the day the stupid LZW patents expired. There's too much prior art that is ignored and too many "obvious to those skilled in the art" patents.

    2. Re:list of applicable patents Microsoft is using by Raenex · · Score: 3, Informative

      In 1998, the concept of scheduling meetings using your phone was not obvious at all.

      These are bullshit patents following the long tradition of: "on a computer", to "on the Internet", to "on a mobile device". Yes, in 1998 shitty cell phones with small screens and limited inputs weren't used to schedule meetings. As the devices became more like general purpose computers scheduling meetings with them became common, duh.

      Bill Gates on patents, circa 1991: "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today. [..] In many application categories straighforward thinking ahead allows you to come up with patentable ideas."

  7. Re:Against copyright and patents by amiga3D · · Score: 4, Insightful

    I could debate this but choose not to. I disagree that patents and copyrights are immoral, I think they have their place but the problem is that greed has twisted and perverted the original purpose of these systems. I do believe that software patents are wrong as copyright should be sufficient protection for software.

  8. ZTE probably gave in ... by Taco+Cowboy · · Score: 2

    ... after M$ found lots of pirated Windows software in ZTE offices

    China is one of the world's top country in term of pirated software, and I won't be surprised at all if many computers in ZTE offices are running pirated M$ softwares such as M$ office suites and M$ operating systems

    --
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  9. The list of Bogus Microsoft patents by TrueSpeed · · Score: 3, Informative

    These are the list of frivolous, prior art ridden patents Microsoft used to try and extort money from Barnes and Noble. When the trial was about to go to court a magical partnership was established between Microsoft and Barnes & Noble and the lawsuit was dropped. It's a pity more companies don't stand up to these patent trolls.

    Microsoft vs.Barnes and Noble

    5778372
    6339780
    5889522
    6891551
    6957233

    http://www.freepatentsonline.com/5778372.html
    http://www.freepatentsonline.com/6339780.html
    http://www.freepatentsonline.com/5889522.html
    http://www.freepatentsonline.com/6891551.html
    http://www.freepatentsonline.com/6957233.html

    U.S. Patent No. 5778372 Remote retrieval and display management of electronic document with incorporated images. A browser remotely retrieves electronic documents from a remote computer network for viewing by a user. For enhancing responsiveness, the browser initially displays an electronic document without a background image so that the electronic document is initially displayed more quickly. The browser also prioritizes downloading of embedded images of the document by their incorporation in the currently visible portion of the electronic document. Further, the browser dynamically creates additional connections for retrieving resources incorporated into the electronic document from the remote computer network.

    U.S. Patent No. 6339780 Loading status in a hypermedia browser having a limited available display area. Described herein is a portable computer having a limited display area. An Internet or other hypermedia browser executes on the portable computer to load and display content in a content viewing area. During times when the browser is loading content, the browser displays a temporary, animated graphic element over the content viewing area. The graphic element is removed after the content is loaded, allowing unobstructed viewing of the loaded content.

    U.S. Patent No. 5889522 System Provided Child Window Controls. New varieties of child window controls are provided as system resources that application programs may exploit. The preferred embodiment of the present invention provides a dynamic link library (DLL) for implementing the new child window controls as part of an operating system. The new child window controls include a header bar control for providing header bars in application programs. The new controls also include a hot key control that allows a user to view and edit hot key combinations. The new controls further include a tab control for establishing tabs that differentiate amongst pages in user interfaces provided by application programs. An image list data type is defined and functions are provided for manipulating the image list data type. Image lists include multiple like-sized images that are stored efficiently in a single bitmap.

    U.S. Patent No. 6891551 Selection Handles in Editing Electronic Documents. A computer system and method for highlighting and selecting elements of electronic documents is disclosed. In one embodiment, a selection area identifies an initial selection of data, and one or more selection handles appear on the selection area to allow dynamic resizing of the selection area to select a larger or smaller portion of data or number of items.

    U.S. Patent No. 6957233 Method and Apparatus for Capturing and Rendering Annotations for Non-Modifiable Electronic Content. A system and method for capturing annotations for a non-modifiable document is disclosed. Once it is determined that an annotation is to be created, the system determines the file position of the selected object. The file position of the selected object is stored along with the created annotation in another file or a non-read only po

  10. Re:Maximum size... by ozmanjusri · · Score: 2

    For flash cards, support for 4GB was overcome long ago. Look on Amazon, 16-32GB cards are common.

    That's partition size, not file size.

    exFAT is not backwards compatible with current devices. For future devices, there's no reason to choose it over other non-encumbered filesystems.

    --
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