

Microsoft's Hottest New Profit Center: Android - jbrodkin
http://www.networkworld.com/news/2011/070511-microsoft-patent-android.html?hpg1=bn
One of Microsoft's hottest new profit centers is a smartphone platform you've definitely heard of: Android. Google's Linux-based mobile operating system is a favorite target for Microsoft's patent attorneys, who are suing numerous Android vendors and just today announced that another manufacturer has agreed to write checks to Microsoft every time it ships an Android device. Vendors paying off Microsoft for the right to use Android now include HTC, Velocity Micro, General Dynamics, Onkyo Corp. and Wistron. Microsoft likely makes more money from Android than its own Windows phone platform, and its latest patent agreement announced Tuesday indicates Microsoft is also going after Google's Linux-based Chromebooks.
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oldstrangers
"We are pleased that Wistron is taking advantage of our industrywide licensing
program, established to help companies address Android's IP issues," Microsoft
general counsel Horacio Gutierrez said in a press release.

That is the most infuriatingly worded press release ever. Might as well just
say that you're very pleased Wistron agreed to let you bend them over the
counter to address Microsoft's inability to compete issue.

~~~
cageface
The smugness just _oozes_ through the page. These kinds of chickenshit tactics
are the desperate moves of a stagnant company. The happiest development of my
career has been watching the industry emerge from under the shadow of the
software mafiosos at Redmond. If the U.S. patent system isn't reformed soon
the baton of innovation will pass to other countries that don't enable these
extortion schemes.

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Corrado
What specifically are the IP issues that Android has? I looked in the article
but there was only a passing mention of some claims in a link. A couple of the
claims looked like they were about long and short filenames. If that's true
then software patents are truly evil and should be abolished yesterday. :/

~~~
qeorge
MS maintains that Linux kernel violates its patents, and sues anyone who makes
enough money with a product using Linux (e.g., TomTom [1]).

MS likes to refer to "235 patents" that Linux allegedly violates, but they
aren't forthcoming with what the specific violations are. That said, they do
have some fairly ridiculous patents under their belts, (like the FAT
filesystem [2]), so they could probably dredge something up.

With Android more specifically, there is also ActiveSync (Exchange's
protocol).

[1]
[http://www.techflash.com/seattle/2009/02/QA_Microsofts_chief...](http://www.techflash.com/seattle/2009/02/QA_Microsofts_chief_patent_lawyer_on_TomTom_and_Linux_40354407.html)

[2] [http://news.cnet.com/Microsofts-file-system-patent-
upheld/21...](http://news.cnet.com/Microsofts-file-system-patent-
upheld/2100-1012_3-6025447.html)

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jrockway
This is America's new legal strategy: beating up the small guys with big
sticks. Companies with patents go after small companies or individual
developers with their patents -- IBM never gets sued for patent infringement.
Companies with copyrights go after as many little guys as possible, and make
their money "in volume" because file-sharing lawsuits are cheaper to settle
than to contest.

This is not "promoting the progress of the arts"; it's bullies shaking us all
down, with the government happily watching.

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pyre
B-B-But I thought that Microsoft was only acquiring patents to protect itself
from evil other companies that would have patented these things and then sued
Microsoft! They were supposed to be _defensive_ patents... </sarcasm>

~~~
1010011010
I'd like to see a citation of Microsoft saying their patents were going to be
used only defensively.

I think it's _completely_ in their nature to block and bleed competitors.

~~~
kenjackson
Quite the opposite in fact. MS has been rather blunt that they haven't been
pleased with Linux's use of what they believed was patented technology and
that they'd take action. IMO, the real question is what took them so long,
since the first threats were made years ago.

With that said MS has never threatened anything beyond Linux, at least that I
can recall. Linux appears to have a special place in their heart.

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joshma
Is there any reason why Microsoft isn't going after Google? I recall reading
somewhere that it's because Google isn't actually producing the phone. Can
anyone confirm this, or is just cowardice?

~~~
zeddez
There is a difference between direct and indirect patent infringement. Google
provides the Android source, but the companies that are being sued are
directly infringing by selling and distributing products based on these
patents.
[http://en.wikipedia.org/wiki/Patent_infringement_under_Unite...](http://en.wikipedia.org/wiki/Patent_infringement_under_United_States_law)

Google naturally has the choice to indemnify Android distributors and protect
them from patent infringement. Google chooses not to do this, presumably
because they do not want to expose themselves to the costs of direct patent
infringement.

~~~
gillygize
Does the Nexus One or Nexus S blur this line at all? In that case, it seems
like Google is doing more than simply making the source code available. Those
phones actually carry its brand.

~~~
kenjackson
Microsoft has a deal with Samsung already in place. See:
[http://news.cnet.com/Microsoft%2C-Samsung-in-patent-swap-
dea...](http://news.cnet.com/Microsoft%2C-Samsung-in-patent-swap-
deal/2100-1014_3-6177381.html)

 _the software maker specifically notes that the deal will allow Samsung to
offer products using Linux without concern that Microsoft will sue it or its
customers._

And another deal with HTC. [http://www.androidguys.com/2010/04/28/htc-pay-
microsoft-roya...](http://www.androidguys.com/2010/04/28/htc-pay-microsoft-
royalties-android-phones/)

So both of those phones are covered.

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erikb
Interesting news. But has a page 2. So, I can't read the story to the end, nor
give you the actually earned upvote. Really sorry, Jon.

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zacgarrett
Like a lot of sites there is the print button which includes the entire
article.

[http://www.networkworld.com/cgi-
bin/mailto/x.cgi?pagetosend=...](http://www.networkworld.com/cgi-
bin/mailto/x.cgi?pagetosend=/news/2011/070511-microsoft-patent-android.html)

~~~
erikb
It's a really nice trick. I keep that in mind. But beside that, is anything
wrong as a person who often reads a lot of articles to ask for articles beein
shown in a way that is more easily readable?

