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Samsung Paid Microsoft $1 Billion Last Year In Android Royalties

An anonymous reader writes: According to recently unsealed court filings, Samsung Electronics paid Microsoft more than $1 billion in annual fees to use patented Microsoft technology in Samsung's Android phones. The patent treasures include methods for displaying multiple windows in a Web browser. "Samsung originally signed its patent deal with Microsoft in 2011, ahead of its impressive dominance of Android shipments, but late last year Samsung decided it was tired of paying on time, or paying interest when a late payment was finally made. Microsoft has taken Samsung to court over the issues, and the Korean company insists it wants to walk away from the original deal because of Microsoft’s purchase of Nokia’s phone business. Samsung claims the acquisition invalidates the cross-licensing IP agreement, but Microsoft doesnt agree and wants the company to pay $6.9 million in unpaid interest from last year."

93 comments

  1. And? by Anonymous Coward · · Score: 0

    google 'invents' ideas and concepts and calls them Open... when they are thought of and done before hand and long ago

    1. Re:And? by binarylarry · · Score: 4, Insightful

      When has google sued someone for software patent infringement? i can't recall a single case that wasn't in self defense.

      Microsoft on the other hand, has been known for suing outright as well as shady deals like SCO, Nokia and other scummy tactics.

      Luckily, Microsoft is circling the toilet bowl and won't be relevant years from now.

      --
      Mod me down, my New Earth Global Warmingist friends!
    2. Re:And? by binarylarry · · Score: 4, Informative

      Yep, pretty much every article references Google being sued or countersuing after being sued.

      That said I did use google to search so the results could be biased. :)

      --
      Mod me down, my New Earth Global Warmingist friends!
    3. Re:And? by Anonymous Coward · · Score: 0

      http://www.forbes.com/sites/anthonykosner/2012/08/18/the-empire-strike-back-googles-motorola-files-patent-suit-against-apple-to-block-u-s-imports/

    4. Re:And? by binarylarry · · Score: 3, Informative

      I don't know if you missed it, but it clearly says "STRIKES BACK."

      Apple has been a patent lawsuit asshole every since Android roflstomped them in the market.

      --
      Mod me down, my New Earth Global Warmingist friends!
    5. Re:And? by Kjella · · Score: 4, Insightful

      Luckily, Microsoft is circling the toilet bowl and won't be relevant years from now.

      Man, I wish I could be circling the drain with $22 billions in profit in the last 12 months. The smartphone/tablet explosion has led to a decline in the PC market but it's still 80-90% of the max volume with Microsoft still having a 90%+ PC market share. Sure, they'd like a do-over to make even more money in the phone/tablet market but they're very, very far from hurting. And unless any of the major Android manufacturers decide to get serious about x86 then Microsoft and Intel will still be allies in the struggle against Android/Apple, which is to their advantage. I think you vastly underestimate what it takes to kill a mega-corporation like that, AMD took a good stab at Intel yet lost eventually. And even if they do fail, they'll take much longer than that to die and wither away. At least those who don't have Elop as a CEO, Microsoft might have dodged a bullet there...

      --
      Live today, because you never know what tomorrow brings
    6. Re:And? by ArmoredDragon · · Score: 4, Interesting

      The smartphone/tablet explosion has led to a decline in the PC market but it's still 80-90% of the max volume with Microsoft still having a 90%+ PC market share.

      Problem is the PC market is long saturated and now showing obvious signs of decline. Meanwhile, Microsoft has little to no presence in ANYTHING that is replacing it. Think what Apple was prior to iPod/Pad/Phone; that's Microsoft's future if things continue on the present course.

      And unless any of the major Android manufacturers decide to get serious about x86 then Microsoft and Intel will still be allies in the struggle against Android/Apple

      From what I understand, Intel is working towards riding the Android train, and they supposedly have more engineers working on Android than even Google does. Their idea is to have x86 eventually replace ARM as the de-facto architecture of Android, which involves a two way race of getting Android to run more efficiently on x86, and then build x86 to be more energy efficient than ARM. It seems they already have a lot invested into both of those races.

      Also, HP seems to be pushing rather aggressively to have Android run on business desktop systems. Lenovo, ASUS, and Acer seem to have similar goals, though not as much as HP.

    7. Re:And? by Anonymous Coward · · Score: 0

      AMD has always had a noose around its neck because it licenses IP solely from Intel. There's no way out, and arguably Intel keeps them alive to avoid an antitrust mess in the future.

      Microsoft OTOH is going against completely different OSs on a pretty level playing field. If Windows doesn't stand on its own, it can easily be relegated to the tall pile of forgotten tech. The *only* thing keeping that profit from nose-diving is corporate lock-in (btw, not saying anything bad about that because it was a smart business plan by Gates et al, just pointing out the reality).

      But your underlying premise is still good, it does take a long time for a megacorp to die. But that doesn't mean that MS is not on the slope down towards the heap of once-successful tech...it's just a small angle.

    8. Re:And? by Anonymous Coward · · Score: 0

      Licenses its x86 IP from Intel. FTFY.

    9. Re:And? by Luckyo · · Score: 4, Informative

      By that logic, Intel will always have a noose around its neck now, because x64 architecture is also known after its inventor and patent holder: amd64.

      Intel's 64 bit architecture, IA64 is more commonly remembered by the nick name of its only CPU: Itanic.

      And x64 will remain extremely important for foreseeable future.

    10. Re:And? by jcdr · · Score: 4, Informative

      Don't forget that AMD has created the X86_64 instruction set, forcing Intel to cross-license the X86 and X86_64 instruction set forever with AMD. This is a extremely important step as 32 bits only X85 chips is close to be irrelevant, even if Windows OS market is so retarded that many of it users still don't use 64 bits OS. On the other hand, ARM64 will possibly be the next big problem for Intel in the server market, after it has basically completely lost the embedded market to 32 bits ARM. AMD has choose to play with each instruction set, and this could be a winning strategy in the future.

    11. Re:And? by fustakrakich · · Score: 1

      You know, if the iMac had a touch screen, they could justify the thing being so damn heavy.

      PCs will become big screened tablets, with a keyboard and a mouse. They already are, and are extremely practical. I don't know why Apple is holding off.

      --
      “He’s not deformed, he’s just drunk!”
    12. Re:And? by Kjella · · Score: 1

      Problem is the PC market is long saturated and now showing obvious signs of decline.

      The PC market was not saturated, until tablets came along they were growing along with the growing digitization of the world. It declined as the western world bought their first tablet instead of a new laptop, very many now have both and the decline is almost stopped as predictions are -3% or so for the PC market in 2014. The indications are that the world is still in a booming need for more "computing devices" like smart phones, tablets and PCs with smart phones and tablets stealing all the growth while the PC market is almost flat. Of course that means Microsoft is becoming an increasingly smaller piece of a bigger pie, but that's not even remotely the same.

      From what I understand, Intel is working towards riding the Android train

      Obviously Intel wants that, but so far with very limited success. Remember that there are forces on the ARM side like Samsung had have significant interests in excluding Intel, so it might not be so simple. Also if x86 becomes dominant Google might not like having a hardware supplier with such great control of the market. Microsoft has tried the other way too with WinRT and failed, if they can win the market they're hogtied to x86 which Intel would prefer. Clawing their way into the Android market with x86 chips is a plan B, but Intel has the luxury of pursuing both at once. Creating a new "Wintel" monopoly is plan A, if Microsoft can pull off the software side.

      --
      Live today, because you never know what tomorrow brings
    13. Re:And? by Anonymous Coward · · Score: 0

      Problem is the PC market is long saturated and now showing obvious signs of decline. Meanwhile, Microsoft has little to no presence in ANYTHING that is replacing it. Think what Apple was prior to iPod/Pad/Phone; that's Microsoft's future if things continue on the present course.

      Microsoft is still growing significantly, and Windows is not their biggest business.

    14. Re:And? by binarylarry · · Score: 1

      Gorilla Arm

      --
      Mod me down, my New Earth Global Warmingist friends!
    15. Re:And? by Anonymous Coward · · Score: 0

      Circling the toilet bowl?
      It's true that the PC is in decline but they're not going away. Also, maybe you didn't know but Windows isn't the most profitable thing MS does. It's not even number two. They could close down Windows tomorrow and still be a hugely profitable company.

    16. Re:And? by stephanruby · · Score: 1

      From what I understand, Intel is working towards riding the Android train, and they supposedly have more engineers working on Android than even Google does. ...

      That's not hard. HTC even has had more software engineers working on Android than Google does, for far longer than Intel has. Google seems to think that if it increases the number of developers working on the Android team, it could make things worse.

      This is not to say that your main point is not valid. It is. Intel is indeed investing heavily on Android. And thank god that it has. The much faster x86 Intel emulator has actually been a life saver for many Android Developers.

    17. Re:And? by Anonymous Coward · · Score: 0

      Considering that Windows underpins just about everything Microsoft does, you're statement is very far from reality.

    18. Re:And? by davydagger · · Score: 1

      x86 is intel's bread and butter. that noose is fairly weak, and they do pay for x86-64, but for how long. AMD is not a viable competitor to intel. Its really not. Intel makes the better chips, and has for a long time, and this is not relivant to change anyttime soon. Your also forgetting patents run out in 17 years.

      >AMD64 was created as an alternative to the radically different IA-64 architecture, which was designed by Intel and Hewlett Packard. Originally announced in 1999[11] with a full specification in August 2000

      we are more than halfway through the life of the patent. There isn't a change in hell intel will feel threatend before that patent expires. Lets set the date of the patent at 2003 when the chips first ship. Patent is done in 2020

      Not to mention there are dozens of other patents on things like instruction sets which are just as important as x86-64 to modern computers. Intel owns a fair share, and AMD can't revoke AMD64 without loosing its cross licensed patents it gets from intel.

    19. Re:And? by Tablizer · · Score: 1

      [Intel's] idea is to have x86 eventually replace ARM as the de-facto architecture of Android

      That's a stupid bet. Why not create their own ARM chips from scratch? The ARM instruction set itself is not owned by ARM.

    20. Re: And? by johnsnails · · Score: 1

      Not sure which part of ur comment you are being modded insightful for. Both are depending on your bias.

    21. Re:And? by Luckyo · · Score: 1

      However x86 patents will expire much sooner than x64 ones will. Which makes the noose far, FAR more powerful in comparison.

    22. Re: And? by Anonymous Coward · · Score: 0

      They wouldn't be able to monopolize on ARM...

    23. Re: And? by Anonymous Coward · · Score: 0

      Sure ... With 90% user market share not including enterprise system dominance for domain infrastructure they won't be relevant.... Stupid comment

    24. Re: And? by Tablizer · · Score: 1

      If they try for monopoly or nothing, they may end up with nothing if x86 dies.

    25. Re:And? by davydagger · · Score: 1

      the original x86 patents are long gone. There is a giant cross license scheme between AMD and Intel, with Intel having the upper hand.

    26. Re:And? by ArmoredDragon · · Score: 1

      Microsoft is still growing significantly, and Windows is not their biggest business.

      Blackberry was still growing at a time when Android had already owned the market. The reason why is because the market itself was growing much faster. That fact didn't save them when their future prospects dried up though. Desktop systems are no longer the future consumer grade technology.

      That doesn't mean desktops will go away, rather they'll eventually become the same as what feature phones currently are to smartphones. You know who dominated the feature phone space until recently? Nokia.

    27. Re:And? by Anonymous Coward · · Score: 0

      Microsoft is still growing significantly, and Windows is not their biggest business.

      Blackberry was still growing at a time when Android had already owned the market. The reason why is because the market itself was growing much faster. That fact didn't save them when their future prospects dried up though. Desktop systems are no longer the future consumer grade technology.

      That doesn't mean desktops will go away, rather they'll eventually become the same as what feature phones currently are to smartphones. You know who dominated the feature phone space until recently? Nokia.

      Nokia (contrary to popular Slashdot theory) were sinking like stone long before they hired Elop. Their demise have been ongoing for a long time. On the other hand, we have been claiming the demise of Microsoft for years, while they all the time continue to not just avoid decline, but do better and better. Mostly because most Slashdotter's live in the past as to what Microsoft's business really is and think it is just Windows and Office.
       

    28. Re:And? by strikethree · · Score: 1

      Also, HP seems to be pushing rather aggressively to have Android run on business desktop systems. Lenovo, ASUS, and Acer seem to have similar goals, though not as much as HP.

      This! This is what will be the downfall of Microsoft. It will be sudden and it will final. Microsoft burned ALL of their bridges getting to where they are now. Once the business desktop is lost, the rest of it will fall for Microsoft within a few years. They have a small prayer of staying alive with their Microsoft Office line of software after that... but I would not bet on it.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    29. Re:And? by ArmoredDragon · · Score: 1

      I'm not predicting Microsoft's demise, rather just saying that they'll step out of the limelight. Even during its worst years of slowest growth, Apple was still a multi-billion dollar company.

      At any rate, Microsoft already are no longer the dominant consumer OS vendor; that crown now belongs to Google as Android alone (not even counting chrome OS) already runs on more devices than Windows, iOS, and OSX combined.

      http://www.businessinsider.com...

  2. Nevertheless, Microsoft is doomed by jkrise · · Score: 5, Interesting

    What the large monies paid by Samsung indicates is the enormous mindshare and marketshare for Android. Windows on the mobile and tablet space is non-existent. For some years Microsoft might make money out of Android sales using these patent threats, being the litigious thugs they are.

    But in a few years - say three at the max, Android makers will realise that these patents are really worthless, and back away from their agreements.

    In any case a few billions in patent royalty is pocket change for Microsoft, and their bloated manpower will plunge them into the death spiral since Windows is becoming fast irrelevant in the only space it serves - viz, the desktop.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Nevertheless, Microsoft is doomed by Begemot · · Score: 4, Informative

      Really?

      All large companies have the same IP strategy and they behave exactly the same simply because they can. MS is no exception. Grow up already.
      Android makers are far from being as slow as you imply. If these patents would be worthless, they wouldn't pay anything in the first place.
      Phones and tablets do not replace desktops and laptops. Chances are you wrote your post on a laptop.
      MS has a much wider product line than you imply. Using Skype perhaps?
      Bloated manpower? Mind to prove this statement?

    2. Re:Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 1

      Perhaps Samsung should just stop infringing Microsoft IP. Do their own stuff. Not copy. Be good people.

    3. Re:Nevertheless, Microsoft is doomed by cyber-vandal · · Score: 2

      Only in the consumer world. In the far more lucrative corporate world no-one's going to be writing 500 page documents or huge spreadsheets on an iPad.

    4. Re: Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 0

      Why will it take three years for Android makers to realize what you've come to realize already? I really don't understand.

    5. Re:Nevertheless, Microsoft is doomed by __aaltlg1547 · · Score: 5, Interesting

      My company's position (it's not that large, only about a $2.5B company) is that patents are for defensive purposes. They don't seem to really think they could use them to keep the competition from copying one of our products. They're much more concerned that we can't develop products without infringing on somebody's patent and being vulnerable to being sued and they want to have a big collection of patents they could use to negotiate better licensing terms or stave off a suit.

    6. Re:Nevertheless, Microsoft is doomed by __aaltlg1547 · · Score: 1

      Or even developing the web pages and apps you use on your iPad.

      Of course, there's Macs and Linux (for now). But business prefers Windows. You avoid the Apple equipment-provider lock-in but get to use pretty much any software you want.

    7. Re:Nevertheless, Microsoft is doomed by __aaltlg1547 · · Score: 1

      There are two ways they might get out from under Microsoft patents:
      1. Have those patents invalidated.
      2. Develop alternatives to the technologies they're now licensing.

    8. Re:Nevertheless, Microsoft is doomed by tinkerghost · · Score: 0

      You mean the patent to use the technology already baked into the web protocols - that was patented after the web protocols were written? that IP? "On a computer" is a magical phrase. If no one has patented it yet, it's fair game - everything on a computer is novel to the patent office. - I'll be very happy if the courts actually apply July's ruling on patent eligibility like they are supposed to, rather than just ignore it again.

    9. Re:Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 3, Insightful

      The desktop that's never going away no matter how many idiots think it is. Until human eyes are comfortable reading tiny text and pecking away at 2" keyboards, tablets are NEVER going to replace desktops. Ever.

    10. Re:Nevertheless, Microsoft is doomed by jkrise · · Score: 1

      All large companies have the same IP strategy and they behave exactly the same simply because they can.

      Sorry. Google, Motorola, Samsung, etc. have used patents purely in defensive mode. Apple, Microsoft, Oracle, Erricsson etc. are the litigious bastards.

      If these patents would be worthless, they wouldn't pay anything in the first place.

      When these patenting agreements were drawn up, Android had a much smaller marketshare. So rather than getting caught up in litgation, some large Android makers chose to pay. But not Motorola, and they are yet to pay a penny. Now that Android is the undisputed king in mobile and tablets, even Microsoft making Android devices through Nokia; there is not much compulsion to continue paying.

      Phones and tablets do not replace desktops and laptops.
      Agreed, they don't. However people hesitate a lot before upgrading the desktop OS. And desktops and laptops last more than 8 to 12 years, so not much revefnue for Microsoft from those markets. Hence my prediction that they are doomed.

      --
      If you keep throwing chairs, one day you'll break windows....
    11. Re:Nevertheless, Microsoft is doomed by TheGratefulNet · · Score: 1

      And desktops and laptops last more than 8 to 12 years,

      NOT in a corp environment, they don't! 2 or 3 yrs, tops. corps do a 'refresh' and buy new gear (cheaper than supporting older stuff).

      and every company I've been at in the bay area, for the last 10 yrs at least, has mandated windows (sometimes giving mac a choice) but they NEVER run linux on the desktop. juniper ran freebsd on the desktop for its engineers (2000 timeframe) but that's the exception, not the rule.

      corps keep paying the MS tax. happily, it seems.

      MS is not going away. they may not get consumers to rebuy pc's so often but corps do, that much is true.

      --

      --
      "It is now safe to switch off your computer."
    12. Re:Nevertheless, Microsoft is doomed by gbjbaanb · · Score: 1

      Not all of them, Google only uses its patents when someone sue it.

      Microsoft not only sues anyone they see as a competitor, but also is part of several patent-collective companies that sue left, right and centre.

      In any case, it seems the company's "IP strategy" is to register as many patents as possible, regardless of validity or ingenuity involved in creating the concepts behind them, and then sue away. Fortunately since the Supreme Court ruled on Alice, these are being taken apart when they get to court.

      Hopefully, Samsung and Microsoft will see each other in court and half the patents involved will be struck down as being fucking pointless.

    13. Re:Nevertheless, Microsoft is doomed by dkf · · Score: 1

      desktops and laptops last more than 8 to 12 years

      Desktops may. Laptops, not really. You run into problems with loss of battery life and gradually increasing general crankiness of the hardware. (The higher-powered a system is when first bought, the longer it lasts; low-ball it, and you're going to have to refresh sooner. And it's possible to replace some components in a desktop far more easily than in a laptop.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    14. Re:Nevertheless, Microsoft is doomed by jkrise · · Score: 1

      In my company, we have 3 colleges, a hospital and software teams that have been using the same PCs for over 6 years now. About 800 of them.

      --
      If you keep throwing chairs, one day you'll break windows....
    15. Re:Nevertheless, Microsoft is doomed by gnasher719 · · Score: 3, Informative

      Sorry. Google, Motorola, Samsung, etc. have used patents purely in defensive mode. Apple, Microsoft, Oracle, Erricsson etc. are the litigious bastards.

      Excuse me? Google/Motorola trying to extract four billion dollars out of Microsoft for some .mp3 patents? Samsung being told by the EU that they could face a fine up to $17 billion unless they stop trying to use their patents in anti-competitive ways?

    16. Re:Nevertheless, Microsoft is doomed by ClaraBow · · Score: 1

      Really?

      MS has a much wider product line than you imply. Using Skype perhaps?

      True, but many of their products don't make money. MS Office is their cash cow and Windows OS is the field upon which the cash cow grazes.

    17. Re:Nevertheless, Microsoft is doomed by Curunir_wolf · · Score: 4, Insightful

      But in a few years - say three at the max, Android makers will realise that these patents are really worthless, and back away from their agreements.

      Once you sign an agreement, it doesn't really matter whether the patent is worthless or not - you've agreed to the payments contractually, and that's still legally binding. Samsung is attempting to use some clause in the contract to claim that Microsoft Corporation has done something to invalidate the agreement - that is, transforming to a company with a major smartphone manufacturing subdivision. Maybe that will work, I don't know.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    18. Re:Nevertheless, Microsoft is doomed by Barsteward · · Score: 1

      perhaps they pay up to keep a windows licence. I notice MS haven't lobbed a sue ball at Google for the self same patents.

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    19. Re:Nevertheless, Microsoft is doomed by Insanity+Defense · · Score: 1

      NOT in a corp environment, they don't! 2 or 3 yrs, tops. corps do a 'refresh' and buy new gear (cheaper than supporting older stuff).

      Really? I'm glad that you have made it so clear that the Windows 98 machines that I see at work are not really there because the custom apps that would be difficult/impossible to be updated to more modern Windows are not a problem. The other machines that I see with Win XP clearly don't exist either only the very few Win 7 machines exist. Glad you cleared that up.

    20. Re: Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 0

      Why will it take three years for Android makers to realize what you've come to realize already? I really don't understand.

      You can't expect them to be as knowledgeable on this as Slashdot posters.

    21. Re:Nevertheless, Microsoft is doomed by Hognoxious · · Score: 1

      Until human eyes are comfortable reading tiny text and pecking away at 2" keyboards

      Try using your fingers.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    22. Re:Nevertheless, Microsoft is doomed by davydagger · · Score: 1

      I think they do already. There is little real evidence to suggest that microsoft actually invented anything, and samsung is guilty of nothing but competition and the law suit was frivolious.

      Speaking of "be good people", bold words from someone supporting microsoft. Mabey they should do their own stuff, not steal via lawsuits, and be good people.

    23. Re:Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 0

      You missed:
      3. Wait: unlike Copyright, patents still expire in less than a generation...

      -AC

    24. Re:Nevertheless, Microsoft is doomed by steveha · · Score: 2

      Google/Motorola trying to extract four billion dollars out of Microsoft for some .mp3 patents?

      Nope. You are thinking of Alcatel/Lucent. And technically Alcatel/Lucent couldn't ask for a specific amount of money; the award was 1.5 billion dollars but could have been 4.5 billion dollars had the jury decided it was willful infringement.

      Microsoft isn't an angel, but they do pay license fees on patents, and they were paid up on MP3.

      http://en.wikipedia.org/wiki/Alcatel-Lucent_v._Microsoft_Corp.

      Samsung being told by the EU that they could face a fine up to $17 billion unless they stop trying to use their patents in anti-competitive ways?

      Yep. Actually up to $18.3 billion per this article:

      http://bgr.com/2013/12/09/samsungs-patent-settlement-concessions-eu/

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    25. Re: Nevertheless, Microsoft is doomed by tomstorey · · Score: 1

      I guess you haven't worked at enough companies to get the full picture then. My employer expressly prohibits Windows on the desktop, providing the choice between either a Mac or an in house supported Linux distribution. And no, I don't work for Apple. Windows is provided where necessary by remote desktop and is heavily restricted in external connectivity - basically it is for access to internal systems where Windows based clients are the only option.

    26. Re:Nevertheless, Microsoft is doomed by Lisias · · Score: 1

      If these patents would be worthless, they wouldn't pay anything in the first place.

      You don't read much, do you?

      Patentes are paid because it's cheaper to pay them that to not. Once your business grow up enough, you see yourself paying to much that it starts to pay up fighting the patents.

      It's just about value, nothing about worth.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    27. Re:Nevertheless, Microsoft is doomed by Anonymous Coward · · Score: 0

      Patentes are paid because it's cheaper to pay them that to not.

      The patent system is based on unethical practice of law, and relies on the high costs of ligation (itself consequent to unethical practice of law on a massive scale) to force people to pay.

      The US patent system violates a number of fundamental rights arising under the 9th Amendment in its current form (not least the right to ethical practice of law, with even the appearance of conflict of interest being prohibited if any reasonable alternative exists). It is thus an illegal system, and those legal professionals upholding it are in violation of the oaths they have sworn to uphold the Bill of Rights, plus engaged in unethical practice of law.

      This doesn't mean that a workable patent system couldn't be created, but the legal profession has no interest in pursuing this, since the current system works so well with respect to their own interests. That it does tremendous harm to society in the process is apparently of no concern to them.

      The support of the US legal profession for the current patent system has historical parallels. The legal profession supported slavery, writing and enforcing all kinds of really horrible laws. The legal profession later wrote and uphold the notorious Jim Crow laws. In both these examples (and many others), the legal profession was willing to write and use laws which clearly violated fundamental human rights, directly contrary to the notion of the USA being a free society with individual liberty. The legal profession is quite willing to support law and practices that harm society, if by so doing they can create income for themselves.

      Unfortunately, this isn't a conspiracy, any more than the decision to uphold Jim Crow was a conspiracy. If the patent system were based upon conspiracy, it would be relatively easy to fix. Instead, we have amoral and unethical individuals (many of them in positions of high public trust) recognizing shared interests, and looking out for each other. This is an example of a very old problem, so old in fact that there is a saying in Latin to describe it: Quis custodiet ipsos custodes?

      Those companies with a corporate culture that values ethics in business is important are the ones that only use patents defensively (and often don't use them at all, relying on other measures, such as defensive publication in obscure journals, to protect their trade practices from being stolen by others via the patent system).

    28. Re:Nevertheless, Microsoft is doomed by Xest · · Score: 1

      Have Google ever sued anyone that hasn't sued them first on patent issues? I don't think Google has, which would still make it purely defensive and not an aggressive patent troll like MS is.

      Samsung isn't being told by the EU it faces a fine for using patents offensively and not defensively, it's being fined because it's being told it can't use those specific patents at all in court action because they're too fundamental to be allowed to do anything with them as compared to say, swipe to unlock. As such Samsung's potential fine still says nothing whatsoever about the defensiveness or lack of of their patent litigation.

      I don't think the GP was saying Google/Samsung haven't sued, I think he was just saying that they've only ever counter-sued in response to being sued on these particular issues, which may still be wrong, but I can't think off the top of my head of any examples of Google/Samsung suing first in the smartphone race rather than simply as a response to being sued by someone else - i.e. neither of them sued Microsoft/Apple or whoever until Microsoft/Apple had already sued them.

  3. Nice way to earn money by HyperQuantum · · Score: 0, Offtopic

    This reminds me of a John Connor quote from the movie Terminator 2:

    "Easy money!"

    --
    I am not really here right now.
  4. The Penguin Who Roared by Anonymous Coward · · Score: 1

    For all those preaching for a united Linux to face off against the gorilla, it is the diversity which has kept Linux alive.

    1. Re:The Penguin Who Roared by BasilBrush · · Score: 1

      And what was it that gave Linux 0.5% of the desktop market?

    2. Re:The Penguin Who Roared by binarylarry · · Score: 1

      Zero marketing and support budget as well as miniscule oem support.

      Desktop Linux will take off when a major oem creates a viable product with it.

      --
      Mod me down, my New Earth Global Warmingist friends!
  5. What are the list of patents? by Anonymous Coward · · Score: 0

    Even though patents are public record, why is "the Microsoft list" secret, and why does only the Chinese publish this list on the Web? I Googled around and no other web site puts a list of these patents out except for the Chinese. I'm curious on exactly what technology does Microsoft have that makes this so special?

  6. Wilnot Pay Microsoft Royalties. by stephen_p_barker · · Score: 1

    Having not used a Microsoft product since DOS 6 upgrade, this is a reason I can not buy an android phone. However, I have a excellent Jolla phone so not a major problem. http://stevesstats.blogspot.co... Microsoft should sue Google if they believe they are being hard dun by, and not blackmail.

    1. Re:Wilnot Pay Microsoft Royalties. by __aaltlg1547 · · Score: 1

      Having not used a Microsoft product since DOS 6 upgrade, this is a reason I can not buy an android phone. However, I have a excellent Jolla phone so not a major problem. http://stevesstats.blogspot.co...

      Microsoft should sue Google if they believe they are being hard dun by, and not blackmail.

      Why? Google's including Microsoft patented technologies in Android isn't a big deal to Microsoft because Google doesn't sell Android. It's the selling the using and the selling that's protected by patent law. Device manufacturers are selling it, so they need to license it. Google's also a seller, but they're small time in that regard, so less important to sue. And if they're paying their license fees or have cross-licensing agreements, all is well for Microsoft.

    2. Re:Wilnot Pay Microsoft Royalties. by tepples · · Score: 1

      Google doesn't sell Android

      It did until it sold Motorola Mobility to Lenovo.

    3. Re:Wilnot Pay Microsoft Royalties. by __aaltlg1547 · · Score: 1

      I believe that sale is not complete yet.

  7. So... by Greyfox · · Score: 4, Insightful

    Technically, does that make Microsoft a patent troll?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

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

      Its not a patent troll, if they actually paid big bucks to do the research the patent is for.

    2. Re:So... by ogdenk · · Score: 4, Insightful

      "Patent for displaying multiple windows in a web browser"..... seriously.... how long was it before MS had a tabbed browser? If you're talking about multiple windows, NCSA Mosaic 2 did that before MSIE existed.

      People need to stop the BS line of thinking that MS invented the modern computer and modern internet tech. They didn't. And most of their competitors offered superior products. MS achieved success by being sleazy politicians after making a bunch of money early on with MS DOS. Office wasn't even a success for over a decade and the only GUI versions of Excel and Word available were for the Mac for some time. And those were simply clones of other more established products and companies that would have been able to sue MS out of existence in this day and age.

      Personally, I think patents should be non-transferable to prevent companies like MS and Google sucking up small companies just to have valid reasons to sue.

      Big bucks to research.... HA.... that's entertaining. They spent so much cash to research the tech necessary for their "Triple Click" patent I'm sure.

    3. Re:So... by raftpeople · · Score: 1

      99.99% of all software patents are trivial for a skilled dev and have been coded by many parties in many forms in many environments over the last 60 years. There is very little software that is non-obvious to any skilled person in the field.

    4. Re:So... by radarskiy · · Score: 2

      People need to stop the BS line that the title of a patent is a claim.

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

      > 99.99% of all software patents are trivial for a skilled dev

      I'm sure its trivial after the feature is made popular by some existing service. Once people have seen exactly the logic how it works, all those patents are trivial. Still doesnt change the fact that the first person that does it will incur cost in order of billions, and the followers can get it cheap like millions... Patents are there to fix the difference between first person and the followers.

    6. Re:So... by PPH · · Score: 2

      It probably goes deeper than just the capability described in the patent's title. You can make a tabbed browser but the details of the look, feel and behaviour of the tabs can differ. Microsoft may have taken the NCSA Mosaic model, tweaked it and applied for a patent.

      Two things here: Yes, this is a shit patent. Once someone comes up with the idea, minor changes in behavior are in most cases trivial design decisions. NCSA (or the people who designed the widget set) chose one way of doing things. So Microsoft does it a different way and patents it? The other thing is: These decisions, while not novel, are critical to maintaining a loyal user base. There are people out there who if faced with something like a Motif UI would shit themselves. Because he Microsoft UI has such a large user base. And most users are morons. The fact that such design details are patentable might be in question. But once they are (thanks to the rubber-stamp monkey brigade at the USPTO), that UI is critical for widespread user acceptance of a product. So Samsung pays up.

      --
      Have gnu, will travel.
    7. Re:So... by ogdenk · · Score: 1

      I don't know.... I really don't believe in software patents in any way shape or form. Hardware and actual physical tangible inventions? Yes. Software? No. That's like patenting a book or creative work IMHO. Copyright should apply but patents? No. The whole concept is retarded and significantly slows actual innovation and progress. Imaginary property is stupid. End of story. Things like this are often used to abuse smaller players rather than big rivals and only bolsters aggressive, rich megacorps like Microsoft, Apple, Oracle, etc.

      Even going back to the 80's. Remember GEM? Remember how Apple sued over the PC version but left Atari alone with the ST version? Because it was too mac-like? It was because DRI was a much smaller, easy target and the ST and Amiga had an uphill battle against IBM and Intel, a couple mutual enemies.

      This hurt at a time after Kildall didn't launch a legal war over MS's crappy CP/M clone and it cost them the business market they once had. The way our system is set up, ethical innovators lose and vicious business tactics abusing the system win. MS should be writing nice BASIC interpreters, compilers and some decent office software. Not running half the planet's IT infrastructure.

    8. Re:So... by Anubis+IV · · Score: 2

      IANAL, but it's my understanding that in the legal world, patent trolls are typically referred to as NPEs—non-practicing entities—because while they may hold a patent, they never do anything with it other than sue people. I haven't looked at the patents in question here, and I certainly can't speak to their validity (let's assume for the sake of argument that they're valid), but as much as I may dislike the company in general, I have to admit that Microsoft does make a lot of stuff and has done so for years.

      If these are valid patents (again, a dubious assumption, but for the sake of argument let's go with it) that they've actually built on and actually used in their own products, then no, Microsoft wouldn't be patent trolling by any common sense of the term. They'd simply be ensuring that their competitors weren't profiting from the inventions that they own without providing them fair compensation.

  8. Alice Corp. v. CLS Bank by tepples · · Score: 5, Informative

    "On a computer" is a magical phrase. If no one has patented it yet, it's fair game - everything on a computer is novel to the patent office.

    Not anymore since the US Supreme Court's verdict in Alice Corp. v. CLS Bank.

  9. Samsung should just work to invalidate them... by Anonymous Coward · · Score: 3, Interesting

    The "patents" have been revealed in recent times and are not very good quality, esp. in light of the in re Bilsky decision by the Supreme Court. Quite simply put, they're paying danegeld to Microsoft in exchange for avoiding a costly litigation- the thing is...now they're in one anyhow. So they should man up and butt heads with Microsoft and do in this extortion bullshit once and for all.

    1. Re:Samsung should just work to invalidate them... by Xest · · Score: 1

      Agreed but as I understand it it's possible that the agreement stands regardless of the validity of the patents, so if their agreement with Microsoft is such that they're paying for these patents regardless of validity then there's no point them focussing on invalidating the patents, hence why I suspect they've instead decided to try and invalidate their agreement by arguing that Microsoft is now a smartphone manufacturer where it wasn't before- just as Microsoft managed to argue that payments should be made regardless of patent validity, Samsung probably managed to argue the agreement was only valid whilst Microsoft is not acting as a smartphone vendor itself.

    2. Re:Samsung should just work to invalidate them... by jabuzz · · Score: 1

      Is it worth it in the case of the vFAT/FAT32 patents? They must be due for expiry any time now. Windows 95 is nearly 20 years old. On the other hand I would want to try and get any patents on exFAT invalidated because they still have a long time to run.

      Even the MP3 patents are expiring real soon now, if they are not already expired in your jurisdiction.

  10. MS losing money? by fermion · · Score: 5, Interesting
    I have often suspected that part of the reason that MS continues to make a phone is so it won't be accused of being a patent troll. If it is making phones, then it is not just trying to monetized a portfolio by attacking others who are doing the real work. I suspect the Surface is the same issue, and the the two might actually be breaking even given royalties.

    I also think that this has nothing to do with MS or the royalties to MS. I think it has to do with Apple. Samsung, for some reason, gave MS a sweetheart deal on the thinnest of evidence. Samsung did not go to court, wait for google, but just paid MS a reletively large amount of cash for every handset sold. This tells me that there was so backroom negotiations going on, possible lawfully questionable negotiations. This, probably, is negatively effecting the Apple situation because if they were so eager to give MS money, why are they fighting Apple on claims that are at least as good? Which means that whatever possible underhanded deal Samsung made with MS is no longer paying off.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    1. Re:MS losing money? by BarbaraHudson · · Score: 0

      the reason that MS continues to make a phone

      Microsoft makes a phone? I have not seen one in the wild. Maybe they're just pretending to make a phone so they can ship billions of dollars to tax havens off-shore?

      Okay, yes, Microsoft is still in the phone market - but the tax dodge is very real, as is the lack of sales.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  11. Invalidate the patents - they're hogwash by Anonymous Coward · · Score: 0

    The patents aren't valid anyway, they're all garbage, just like Apple's - stolen ideas thrown on paper.

  12. Lawyers by fustakrakich · · Score: 1

    Our phones would cost half as much if not for them.

    --
    “He’s not deformed, he’s just drunk!”
  13. Eventually there will be no tecnology by gelfling · · Score: 1

    Only patent holders suing everyone for the right to never produce anything.

  14. Koreans are butthurt by Anonymous Coward · · Score: 1

    "late last year Samsung decided it was tired of paying on time, or paying interest when a late payment was finally made."

    Microsoft own Nokia now which interfaces with their precious Samsung offering Windows phone. I've seen the same pettiness from their popular mobile messenger application - Kakao Talk. It now doesn't get updated on Windows Mobile.

    Maybe Microsoft should just throw their shit country overboard. It's a country completely run on pirate versions of Windows in academia, government and the home. Time to throw those parasitic dogs overboard really.

    1. Re:Koreans are butthurt by Anonymous Coward · · Score: 1

      I was a bit harsh there but really it's lame. Samsung should pay their way like we all have to, and so should all Korean companies or anyone who violates licences, copyright and patents en masse. That's all. Pay up...

      It's fair and better for Korea in the long run if they have a good figure on how sustainable their businesses are financially in the even they do somehow have to pay for what they use.

  15. huge story by Anonymous Coward · · Score: 0

    This is a hugely important story. That's because the android royalties rescued Microsoft, and have done enormous damage to Samsung.

    When Microsoft was going around threatening to sue various android phone oem's, it was in desperate financial shape and couldn't afford to develop new software. The android royalties basically paid for Windows 8, which, as everyone knows, has been a huge success.

    Besides that, at the time android was clobbering Windows Phone. The royalties made android phones so expensive that their market share plummeted, and Windows Phone was able to take over the number one place in market share and profitability.

    As for Samsung's claim that buying Nokia voids the agreement, that is nonsense. As was widely reported at the time of the negotiations, Microsoft clearly told Samsung that it was planning on purchasing Nokia in a few years.

    The patent royalty strategy basically saved Microsoft, and it is perhaps the chief reason that it's creator, Steve Balmer, has just been signed on to a long contract as CEO.

  16. My pentium 4 laptop would disagree with you... by Anonymous Coward · · Score: 0

    I've had it since 2002 and other than the lack of a functional battery it's still running strong.

    Honestly pricing seems to have little to do with build quality dating back to the mid 90s at least.

    1. Re:My pentium 4 laptop would disagree with you... by binarylarry · · Score: 1

      Plus you can use your pentium 4 laptop as a heater and hair dryer In a pinch. Take THAT modern laptops!

      --
      Mod me down, my New Earth Global Warmingist friends!