

RBarnes & Noble reveals Microsoft's patent strategy against Android  - rabbidroid
http://www.androidcentral.com/barnes-noble-reveals-microsofts-patent-strategy-against-its-android-powered-devices?utm_source=ac&utm_medium=twitter&style_mobile=0

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brudgers
[IANAL]

It appears to me that:

1\. B&N is arguing that Microsoft's patents are invalid based on prior art
rather than that Android does not use the methods covered by the patents. This
makes Microsoft's assertion of their interest legitimate even if their patents
should be overturned based on prior art (or if software patents themselves
ought to be abolished, altogether). This form of competing claims is exactly
the sort of matter appropriate for patent litigation.

2\. Given their financial situation and the choice of the Nook's operating
system being non-central to B&N's overall profitablity, it seems to me that
B&N's decision to litigate (somewhat on Google's behalf) seems to be an
attempt to swing for the fences and hope for a big settlement rather than
focus on business fundamentals.

3\. The DOJ appeal seems particularly week given the market share of iOS
devices.

~~~
pyre
Placing the licensing fee for these patents at the same cost as licensing WP7
seems: 1) extremely anti-competitive and 2) unreasonable.

This seems like Microsoft is still trying to stay relevant via patent
litigation rather than actual innovation. If WP7 tanks, then they are still
getting the same amount of licensing fees for every Android handset sold, so
who cares (from their perspective) that WP7 tanked...

~~~
brudgers
> _"Placing the licensing fee for these patents at the same cost as licensing
> WP7 seems: 1) extremely anti-competitive and 2) unreasonable."_

[IANAL]

To me, equivalent pricing seems to be plausibly consistent with the fair
market price of a mobile operating system which incorporates Microsoft
technology... [edit] at least from the perspective of a lawyer representing
Microsoft.[/edit]

It is hard to argue that Microsoft is placing Android at a disadvantage
relative to WP7 when the price is equal since this allows Android to compete
upon its technical merits and any perceived market advantage the brand
provides.

~~~
pyre
How is it the the license for a handful of patents is equivalent to the
license for _an entire operating system_ that incorporates a _lot_ more than
just those patents?

It comes out looking something like this:

    
    
      license for WP7     (1000 MS patents) = $40/device
      license for Android (6 MS patents)    = $40/device
    

(obviously the numbers are made-up, but you can get the gist)

"a mobile operating system which incorporates Microsoft technology" is a gross
simplification.

~~~
brudgers
> _"How is it the the license for a handful of patents is equivalent to the
> license for an entire operating system that incorporates a lot more than
> just those patents?"_

Because your question requires an understanding of the ways markets
equilibrate, perhaps the Market Economics Fairy can provide an appropriate
answer regarding the way in which the market establishes the exchange value of
mobile operating systems based on supply and demand.

------
daniel_solano
Link to the submission with the original Groklaw story:
<http://news.ycombinator.com/item?id=3233029>

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va_coder
It's irrational but this makes me lean towards their product instead of the
Kindle Fire. Go B&N!

~~~
rbanffy
Not irrational at all. I vote with my wallet - I bought my second Nook a
couple months back and intend to buy a third one.

~~~
outworlder
The Nook Touch is awesome.

The only reason I am not buying a couple more is that they are only supposed
to be used in the US, unlike the Kindles.

~~~
rbanffy
You must use an IP address in the US for book and software purchases, but,
from that point, the items get downloaded to your device regardless of where
it is.

------
RexRollman
I really don't have a problem with people disliking Microsoft over its
business practices but I really dislike articles where people write things
like "Redmond Devil". I pretty much stop reading at that point.

~~~
pavel_lishin
At least they didn't refer to it as "M$".

~~~
mrsebastian
Ah... you have instantly transported me to mid-'90s Slashdot comments.

~~~
pyre
... and the Bill Gates borg icon. ;-)

