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-   -   Microsoft will receive royalty for all HTC Android phones (https://talk.maemo.org/showthread.php?t=51277)

Matan 2010-04-28 14:57

Re: Microsoft will receive royalty for all HTC Android phones
 
It's probably 10$ per device, capped at 100$ a year or something like that, just like the Novel deal. This way Microsoft gets the PR that another Linux distributor licensed their "patents that Linux infringes on", while the distributor gets a very cheap insurance policy.

johnel 2010-04-28 15:01

Re: Microsoft will receive royalty for all HTC Android phones
 
Can I assume that this type of patent "licensing" only applies to the US?

Can Microsoft do this to Nokia?

Texrat 2010-04-28 15:12

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by rm42 (Post 631648)
The deal specifically mentions Android, in other words Linux.

That still doesn't answer the question "why just HTC?".

Of course, this could be a piecemeal process and HTC was just the first to fold...

Quote:

Originally Posted by johnel (Post 631663)
Can Microsoft do this to Nokia?

Microsoft and Nokia have an interesting relationship: comeptitors in some places, collaborators in others. I'm sure both tread carefully with each other when it comes to IP...

matthewcc 2010-04-28 15:14

Re: Microsoft will receive royalty for all HTC Android phones
 
First any discussion at this point to what the licensing deal is in regards to is speculation.

There is nothing wrong with licensing MS Tech and layering it on to Android or any other product if it makes it better for the consumers. What in the end is more important is how it is used and if HTC can create a new patent about how it leverages the MS tech in coordination with its own tech cheers for them. That is innovation. Sometimes it makes sense to buy over building from scratch especially when considering how important time to market is in this space.

fatalsaint 2010-04-28 15:15

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by Texrat (Post 631683)
That still doesn't answer the question "why just HTC?".

Of course, this could be a piecemeal process and HTC was just the first to fold...

The other thing that has me going "Huh?" is that the only part of "Linux" that is in Android is the kernel only.

I haven't read through all of Microsofts bull ****, of course, but are any of the patents related to the actual 'kernel' of linux?

One of these days I really ought to care more... but I just don't. Even if microsoft wins it won't stop Linux. It's a futile effort.

rm42 2010-04-28 15:38

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by matthewcc (Post 631685)
First any discussion at this point to what the licensing deal is in regards to is speculation.

There is nothing wrong with licensing MS Tech and layering it on to Android or any other product if it makes it better for the consumers. What in the end is more important is how it is used and if HTC can create a new patent about how it leverages the MS tech in coordination with its own tech cheers for them. That is innovation. Sometimes it makes sense to buy over building from scratch especially when considering how important time to market is in this space.

The problem I see with all of these Microsoft patent deals related to Linux is that the specific technology being targeted is not mentioned. There are several problems with this. First of all, we need to remember that most Linux software is licensed under the GPL license which specifically precludes the use of discriminatory patent licensing. So, are Linux copyright holders rights being respected? And second, it creates an atmosphere of FUD around the use of Linux which can dampen its adoption.

PS: And yes, that includes Meego!

wmarone 2010-04-28 15:47

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by fatalsaint (Post 631687)
are any of the patents related to the actual 'kernel' of linux?

Microsoft would like you to believe there is, and either not use the Linux kernel (instead use something like BSD, which they can take from freely without ever giving back) or pay them royalties.

They claim to hold patents on the kernel and have used this to squeeze royalties out of companies but never say what they might be, because the moment the kernel community knew they would either remove them from the kernel or would dig up prior art and move to have them voided. Other times they hold patents on ridiculous crap (VFAT long file names) or use patents to their monopolistic advantage (exFAT.)

Quote:

Originally Posted by rm42 (Post 631731)
And second, it creates an atmosphere of FUD around the use of Linux which can dampen its adoption.

Which is exactly what Microsoft wants.

Just don't forget: Microsoft hates it when you don't choose them, so they'll work to remove all other choices. And then they'll say you chose them.


(No, I don't like Microsoft.)

sjgadsby 2010-04-28 15:53

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by Texrat (Post 631683)
That still doesn't answer the question "why just HTC?".

Of course, this could be a piecemeal process and HTC was just the first to fold...

Going after one patent infringer at a time, building a case, isn't unusual, and since HTC licenses Windows Mobile, there may have been extra leverage available.

matthewcc 2010-04-28 15:58

Re: Microsoft will receive royalty for all HTC Android phones
 
Quote:

Originally Posted by rm42 (Post 631731)
It creates an atmosphere of FUD around the use of Linux which can dampen its adoption.

You are right - but rather than focus on the use of existing (un-named) IP- I am more interested in how it can affect the creation of net-new IP. The more I think of this topic I am beginning to believe that existing IP is just the building block of new IP.

Think about music and Danger Mouse's Grey album. The concept was that by taking existing music (ip) and using it in a new, innovative and unique way that it resulted in a new work that was outside of copyright of its constituent parts.

Now art and technology are different mediums with different IP laws that are applied to them. BUT collaboration and cross pollination will result in something new, different and (hopefully) better. But in order to drive innovation we need to respect the work of others, and allow them to profit off of their work - while not stopping new innovation.

That line is the most difficult to manage, and I surely do not have a solution there.

Freemantle 2010-04-28 16:01

Re: Microsoft will receive royalty for all HTC Android phones
 
Any chance that there's a little bit of hysteria spreading here over Linux and how big bad microsoft is once again trampling on our freedoms?

is it possible (as has been muted) that since HTC built their company on windows mobile, microsoft have somehow got a stake in the hardware side of the operation instead of the software. Possibly (and speculatory) HTC phones have used, and still use (regardless of OS) patented microsoft tech. In which case, nothing to worry about, just another business deal.


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