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With 'Virgin' Developers, Microsoft Could Fork Android

colinneagle writes "Amid all the talk about Microsoft forking Android for a smartphone OS, one suggestion involves a look back to Microsoft's DOS days. Microsoft DOS was designed per IBM's specification to run exclusively on IBM's PC hardware platforms. Phoenix Technologies employed software developers it nicknamed 'virgins,' who hadn't been exposed to IBM's systems, to create a software layer between Microsoft's DOS system and PCs built by IBM's competitors. This helped Microsoft avoid infringing on IBM's patents or copyrights, and subsequently helped fuel the explosive growth of PC clones. Microsoft could use the same approach to 'clone' the proprietary Android components in its own Android fork. This would prevent copyright infringement while giving Microsoft access to Google Play apps, as well as Android's massive base of developers." Microsoft (or anyone) could generate a lot of goodwill by completely replacing the proprietary bits of Android; good thing that doing so is a work in progress (and open-source, too), thanks to Replicant. (Practically speaking, though, couldn't Google just make access to the Play Store harder, if Microsoft were to create an Android-alike OS? Even now, many devices running Android variants don't have access to it.)

35 of 241 comments (clear)

  1. Author has obviously no clue at all by Anonymous Coward · · Score: 5, Insightful

    The Phonix bios clean-room implementation was necessary because - d'oh! - Phonix couldn't legaly use the IBM bios implementation. However, Microsoft can use the Android implementation. It's open source for FSM's sake. They can even verbosly copy the various Google APIs, APIs are not copyrightable after all. Google fought that out with Oracle.

    The author of this fine article has obviously no clue what he's talking about.

    1. Re:Author has obviously no clue at all by Anonymous Coward · · Score: 2, Interesting

      The problem is actually not that Microsoft can fork it. After all Microsoft using free software is a good thing. The bad thing is however that Google made a crucial mistake when they created Android. By using a non-copyleft license they have made it possible for Microsoft to not only fork it but also making it non-free.

    2. Re:Author has obviously no clue at all by Anonymous Coward · · Score: 2, Interesting

      That was actually the intention with a non-copyleft license.

      Get with the program, no one likes copyleft

    3. Re:Author has obviously no clue at all by telchine · · Score: 4, Informative

      The author of this fine article has obviously no clue what he's talking about.

      Agreed.

      Here is an in-deph article on why forking Android won't work...

      http://arstechnica.com/informa...

    4. Re:Author has obviously no clue at all by Archangel+Michael · · Score: 4, Insightful

      So, Microsoft forks Android, makes it proprietary, and that does what for Android? Exactly?

      Here's a hint, it leaves Android completely free and open, and only locks Microsoft's brain dead locked up version to ... Microsoft. I could care less if Microsoft makes a fork proprietary, or not. Or anyone else for that matter. This is what FREE and OPEN really mean. Locking people into your own version serves only you, and smart people will avoid your version, and stay with the free non-copyleft versions.

      In summary, if you fork Android, make it proprietary, and think you'll survive long term, you're stupid. Even if your proprietary is vastly superior in function.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    5. Re:Author has obviously no clue at all by drinkypoo · · Score: 2

      So, Microsoft forks Android, makes it proprietary, and that does what for Android? Exactly?

      The license doesn't permit that. They can make their additions proprietary, but not the base OS. So the real question is what it's supposed to do for Microsoft.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Author has obviously no clue at all by LordLimecat · · Score: 2

      RMS doesnt have a job and doesnt have to interact with any sort of industry. Hes free to live in a fantasy land and talk about ideals.

      In the rest of the world, copyleft has done some good things but its basically a massive nuisance to anyone who may want to do business with it. If I were to see a cool copyleft program, id have to talk with my boss before using it because I dont actually own the code I write, and cannot legally make a decision about how to license it.

    7. Re:Author has obviously no clue at all by kthreadd · · Score: 2

      Not sure about the exact fraction, but as far as I know most of Android is under the Apache license which is not copyleft.

    8. Re:Author has obviously no clue at all by Billly+Gates · · Score: 5, Interesting

      No it is open like MacOSX is open.

      Google has things locked very tight on Android which will make compatibility difficult and a constantly changing targeting if MS were dumb enough to make an Android fork.

      Windows Phone would turn into a mobile version of OS/2 which is used by few and developers say "Oh it runs Android. Lets just target that only and ignore MS we will get both platforms etc", but in reality Google changes AOSP apis and viola it breaks on Windows Phone.

      Windows Phone is not a bad OS even if it is spouted here as the anti Christ from people who actually never ran it. If it were not made by Microsoft I think people would like it here seriously.

    9. Re:Author has obviously no clue at all by drinkypoo · · Score: 2

      Not sure about the exact fraction, but as far as I know most of Android is under the Apache license which is not copyleft.

      Sure, but do you really think Microsoft will replace the kernel? Doesn't that defeat about half the point?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Author has obviously no clue at all by Waffle+Iron · · Score: 2

      You always own the code you write. What you don't own is the code that other people wrote which you're piggybacking on, free of charge.

      If you don't like their terms of use and redistribution, you can easily solve the problem by writing your own implementation of their functionality.

    11. Re:Author has obviously no clue at all by Grishnakh · · Score: 2

      They can even verbosly copy the various Google APIs, APIs are not copyrightable after all. Google fought that out with Oracle.

      This isn't necessarily true. There was a Slashdot article just a few days ago about this; it looks like Oracle is appealing that decision and it could very well be overturned. Of course, such an idiotic court decision will probably cause total havoc int he computing sector, but still....

    12. Re:Author has obviously no clue at all by squiggleslash · · Score: 2

      I read that article a while back and found it flawed for a number of reasons. It overstates the difficulty of reproducing the Google APIs, overstates the degree to which apps are dependent upon them (that is, the number may be growing but the nature of most of the APIs means that there's nothing stopping most developers from producing a "Microsoft" version that simply disables Google features), and hand-waves over the fact that the most successful tablet range in the world right now is a non-Google Android device, the Kindle Fire.

      If Amazon were truly having difficulty getting developers to develop for the Fire, then however tortured the logic, the Ars article may have some basis in reality, but as it is it feels like reading one of those "The process that causes vaccines to cause autism" pamphlets: a long scientific argument that's obviously wrong because the very thing it's trying to explain doesn't exist.

      --
      You are not alone. This is not normal. None of this is normal.
  2. Virgin Developers by rossdee · · Score: 4, Funny

    So is Richard Branson involved in all this?

    1. Re:Virgin Developers by mseidl · · Score: 4, Funny

      No, just the standard virgin developers

    2. Re:Virgin Developers by CanHasDIY · · Score: 2

      Or - blah blah blah, something about a volcano...

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  3. Amazon by arbiterxero · · Score: 2, Interesting

    The reality is that this is an opportunity for Amazon.....

    Amazon has an app store, they could have the ability to sell Blackberry, IOS, Android apps all from the vendors so that when you buy an app it's device agnostic.

    Then the app-stores that are phone specific now become ONE app store that allows you to take your apps with you. One App store that you can pick which version/compatibility to install.

    Amazon just needs to be able to import your Play Store Sales, and Apple Sales so that you can get those apps from them.

  4. In my experience, many Microsoft developers are -- by QilessQi · · Score: 4, Funny

    -- oh, to heck with it, WAY too easy.

  5. Virgin developers by oodaloop · · Score: 4, Funny

    Wait, aren't all devlopers virgins?

    /ducks

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  6. Microsoft's thinking... by cold+fjord · · Score: 4, Funny

    I'm sure that when Microsoft thinks about Android, it's first thought is usually: Fork Android!

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  7. Re:Why the 'Virgin' Developers? by DeathToBill · · Score: 2

    I think that'd stand up in court for all of about four seconds. Telling your engineers not to do patent searches in case they come across something similar to what they are working on that they didn't already know about is one thing; setting your engineers to deliberately copy someone else's work is rather another. At any rate, ignorance is no defence to patent infringement, it just helps you avoid the triple damages for wilful infringement.

    The whole story is a horrendous beat-up, though. Android is open-source and MS are free to copy it any time they like. There are no proprietary parts of Android that Microsoft would have to replace. The Google Play store *is* proprietary and some Google apps are only (officially/legally) available through it. So Microsoft would have to supply their own implementations of maps (hint: they already have one) their own app store (hint: they already have one, albeit not for Android) and, erm, any other Google apps they thought they couldn't survive without. Since most of the money in Android comes from the Play store and ads in the search and maps apps, I don't think Microsoft are going to be too upset about this revenue going to them and not to Google.

    --
    Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
  8. This doesn't work for patents by thunderdanp · · Score: 2

    Clean room development is a good way to defend against copyright infringement, because you are able to demonstrate you did not have actual knowledge of the copyrighted material, and hence could not have copied it. With patents, it does not matter whether you copied it or not. If your product performs the same invention as described in the claims of a patent, you infringe, regardless of the absence of copying.

  9. Why would they? by PhrostyMcByte · · Score: 2

    My Windows phone (Lumia 920) runs faster and more fluid and it has significantly less power than my Android tablet (Nexus 7, 1st gen). Each update has added features without making it slower. There are less apps but I have yet to not find what I'm looking for and they generally feel more consistently designed. WP 8 brought native C++ programming. The only thing left is ditching their Direct3D stuff for OpenGL/OpenCL support to make porting games easier (which will admittedly probably never happen).

    In terms of geek factor Android is of course far more customizable and rootable, but I and I'd assume the great majority of users are not interested in doing that.

    There's so much focus on Microsoft forking Android, but I really don't see the point. They've got a long way to go to get to Android levels of market share, but it's by no means a failure that deserves to be trashed.

    1. Re:Why would they? by Somebody+Is+Using+My · · Score: 3, Interesting

      Because the days of a phone as a single-purpose device are long over. Modern phones are miniature computers and - like all computers - it is the software they run which is the most important part. No matter how good the hardware or underlying operating system may be, if it doesn't have applications to run on it, that computer is not going to end up being used. And Android phones have the apps, while Windows phones do not.

      Sure, there are a small selection of apps for Windows phones, but it is nothing in comparison to what you can get on an Android (or an Apple IOS device). Apps come out first on Android and IOS, with ports to Windows Phone a secondary consideration (if they are ported at all). And there are no must-have applications only available on Windows Phone. Without the apps, they can't attract users, and without the users they cannot attract developers.

      Forking Android is one potential method of getting those users. Once they have gained (embraced) a significant market-share, then Microsoft could follow up with their usual "extend, extinguish" methodology to control that market (love it or hate it, that policy works for them).

      Of course, forking Android is unlikely to be a successful strategy. Increasing amounts of the Android API are being moved into Google's proprietary services and many applications are becoming more dependent on the functionality of those APIs. Forking Android would require Microsoft to create an incompatible replacement for those APIs or try to create a clean-room version of the GMS that maintains full compatibility. With the former, they have just traded a Windows kernel for a Linux kernel without gaining users because they still won't have compatibility with most apps. With the latter, Microsoft cedes control of the the platform to Google and will constantly be playing catch up to any changes the search-giant makes.

      Their best bet - but the one they have been unable to achieve despite over a decade of trying - is to create a must-have feature that can only be had on Windows Phones (for instance, imagine a successor to Facebook and the only phone that you can access it from is a WinPhone). Microsoft was hoping that Exchange/ActiveDirectory integration might be this feature, but - because that was largely only of interests to large businesses - it failed to capture the market. But if they can find something that excites the market and only they offer - then they can succeed.

      So even were Windows Phone OS the best and most advanced phone OS around, it doesn't matter a jot. It's always been the applications that have driven users to a platform, and right now Microsoft doesn't have those. And that is why people are throwing around ideas like forking Android.

  10. Re:Why the 'Virgin' Developers? by drinkypoo · · Score: 2

    Telling your engineers not to do patent searches in case they come across something similar to what they are working on that they didn't already know about is one thing; setting your engineers to deliberately copy someone else's work is rather another.

    Developing an equivalent app is not copying someone else's work, and reverse engineering for the purposes of interoperability is still an explicitly protected right under US law.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  11. Re:Why the 'Virgin' Developers? by thaylin · · Score: 3, Informative

    You mean copyrights, clean rooms dont get around patents, they get around copyright.

    --
    When you cant win, ad hominem.
  12. Android is part proprietary ... by perpenso · · Score: 2

    The Phonix bios clean-room implementation was necessary because - d'oh! - Phonix couldn't legaly use the IBM bios implementation.

    Its useful to point out to readers that IBM published the source code to their PC BIOS. If you programmed for DOS and used BIOS calls it was common to look at this source code to get details about parameters to be passed in. This would make you ineligible for the clean room rewrite.

    However, Microsoft can use the Android implementation. It's open source for FSM's sake.

    Not all of it. The summary is clearly referring to the non-open proprietary components of Android.

  13. Re:Oblig Gandhi quote by Anonymous Coward · · Score: 4, Funny

    If that rule is universal, Windows 8.2 will be the OS of choice for Slashdot by year's end.

  14. Whats wrong with Windows Phone? by Billly+Gates · · Score: 2, Insightful

    Seriously this is not flame bait and I am not trolling here.

    Just speaking as a Windows Phone user who is happy who switched. Windows Phone does have some features. It is very light and responsive on lower end hardware and has neat features with battery and data saving, and the best cut and paste support on touch around compared to IOS and Android (speaking as an ex android user). The view on this site is that MS is years behind and it is all soo buggy, slow, and crappy compared to the coolness of Android from people of course who actually never even used it before?!

    It is not perfect as it lacks a notification center and voice support is less than with other platforms. But it does not mean it is crap either.

    I am a former Android user and use a Nokia. Really Windows Phone is not a bad OS and if it was not made by Microsoft it would not be soo bashed here.

    Android has issues. It is partially opensourced where AOSP is the proprietary part that locks developers and Microsoft to Google similar to MacOSX being partially open.

    I think Ms will destroy its brand name and turn it into another OS/2 as developers will just target Android and with AOSP it means compatibility problems will arise often for Windows Phone users.

    Windows 9 will have a unified modern apps that run on the phone and desktop if rumors are true. This will put a dent into both.

    1. Re:Whats wrong with Windows Phone? by LodCrappo · · Score: 2

      " AOSP is the proprietary part"

      No, AOSP is the free and open part. Android Open Source Project - https://source.android.com/

      The Google cloud services are the proprietary part (Gmail, Hangouts, G+, etc). AOSP is a fine mobile operating system without any cloud services. Many third party ROMs for Android devices are pure AOSP. You can also put different cloud services in place of the Google services and distribute that to your hearts content, i.e. the Amazon Kindle.

      I agree that Windows Phone is a very nice operating system. I tried an htc 8x for a few months and found it very capable in the basics. Email, phone calls, MMS were really quite good. For some people it may be a better choice than Android, though Android improves so fast that it's hard to be confident there. WP is absolutely not "crap" and honestly if we are comparing only the OS itself it is in league with any other modern mobile OS.

      There are two serious problems with WP, IMHO. First we all know that the selection of apps is just awful. This is a chicken and egg problem, something Microsoft has had more success than most in solving before, so perhaps that can be corrected. However, the more serious problem is Microsoft's current strategy to create some sort of universal environment (I think a universal environment could actually work, but so far they are just doing it wrong) For example, you mentioned Win 9 providing unified apps that run on a desktop and a phone. This sounds like a perfect recipe for apps that *suck massively* on both the phone and the desktop. I can't see that helping either platform. Same with the desktop vs Metro issues in Win 8... I like Metro on my surface pro but it's worse than useless on my traditional desktop. There may be a way to have one OS to rule them all, but I'm not sure MS is going to figure it out.

      --
      -Lod
  15. iOS apps must be signed by Apple ... by perpenso · · Score: 2

    Amazon has an app store, they could have the ability to sell Blackberry, IOS, Android apps ...

    An iOS app has to be digitally signed by Apple, if not a device running iOS will decline to run the app.

  16. play store by roc97007 · · Score: 2

    > Practically speaking, though, couldn't Google just make access to the Play Store harder, if Microsoft were to create an Android-alike OS?

    Sure, just make it a requirement that the transaction be signed in some fashion, and then make the credentials really difficult to get.

    Waaaait, that sounds familiar...

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  17. Re:Amazon app store would eclipse Play in a second by oh_my_080980980 · · Score: 3, Insightful

    So 7 out of your 9 android devices are Kindles - got it.

  18. NetworkWorld junk spam on Slashdot again.... by recoiledsnake · · Score: 3, Interesting

    From the article

    . However, Google’s verification is not needed for an individual consumer to download and install a Google-signed version of the Google Play app store and then download the full inventory of Google proprietary apps to an unverified Android version.

    That's quite wrong. The Play app is copyrighted, proprietary and is tightly coupled to Google's cloud. They even sent a Cease and Desist to CyanogenMod a few years ago and stopped them from distributing it. They don't go after individual users, but those users are still infringing Google's copyright and are essentially pirating the software. So this advice is like suggesting that Ubuntu make VM software that makes it really easy to pirate Windows to run Windows apps since MS does not go after individual personal home users for pirating their software.

    Not to mention that even if all this manages to happen, Google can just tweak their servers and store app to reject connections from Android forks(see iTunes).

    If you want read a better article about why forking Android does not make any sense, this article is way better:
    http://arstechnica.com/informa...

    Even if MS wants to do something like that, it makes a bit more sense to make Windows Phone able to load Android Apps, which they were/are supposedly exploring.

    http://www.theverge.com/2014/2...

    --
    This space for rent.
  19. The biggest problem with Windows Phone is the name by UpnAtom · · Score: 4, Interesting

    And the second biggest is that everyone knows Microsoft makes it.

    People want phones that are chic. Microsoft are about as chic as homophobia. Looks, both of the phone and of the UI, are even more important.

    Apparent price/performance is another factor. Probably the main reason Android is doing so well is because those phones look good value in comparison to Apple (not hard with their 200% markup). The fact that interpreted Android apps make those quad cores as slow as dual cores doesn't come into the equation.

    Lastly, some people really believe they need 100,000 apps.