Samsung Joins Ranks of Android Vendors Licensing Microsoft Patents 186
theodp writes "GeekWire reports that Microsoft and Samsung just announced a patent licensing agreement that gives Samsung legal coverage for its use of Google's Android OS in its smartphones. Under the deal, which covers both mobile phones and tablets, Microsoft says it will receive unspecified royalties for every Android device that Samsung sells. Microsoft previously struck a similar patent deal with HTC, under which Microsoft is reportedly receiving $5 for every Android handset that HTC sells. This latest deal leaves Motorola Mobility, with which Microsoft is currently in litigation, as the only major Android smartphone manufacturer in the U.S. without a license to Microsoft's patent portfolio."
B&N (Score:2)
Barnes and Noble is currently fighting MS in court, even if they aren't a smartphone vendor.
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I think the funniest day to come will be when (hopefully not "if") Microsoft loses that one in court.
I wonder if the companies currently paying up could turn around and sue Microsoft if that happens?
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That depends on the contract they sign, but it's *very* unlikely that a patent troll would sign a contract that allowed people to get their money back if the patent is found invalid.
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That's kind of the point of patents... you patent something and sell it so no one else can. If someone else wants to sell something with your patent they have to pay you. If someone uses your patent without paying you, you sue them. A patent troll is someone who patents something just to license it, and does not actually produce it themselves.
The patents in question here aren't specified, but since Microsoft is actively engaged in the same market at Samsung, they're probably producing goods using their own
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But but but we don't need patents at all because the technology will just materialize on its own!
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How are we sure that the bulk of Microsoft's patent portfolio is pure garbage? They have quite an extensive research division and come up with some pretty novel concepts. That said, I think software patents in general are given for ideas that are far too simple, but I would hazard that MS is probably one of the few companies that have software patents I would actually qualify as being validly innovative and non-obvious. (Though I am sure they have a number of very obvious patents as well as you simply ha
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Are all the patents in question software patents? It's possible that MS has patents on other components of the system.
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True, that's another good point. MS isn't limited to only software research.
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Even that is far too much. Microsoft actually uses their patents in their products. Patent trolls don't have any kind of product to speak of.
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They are licensing patents that are currently valid under US law.
That has yet to be tested. Once said patents have been found invalid, then what?
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As of now, the presumption is that the patents are valid. Proof has to be brought in order to overturn that presumption.
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Do you honestly think that Samsung would enter into a "licensing agreement" with Microsoft without knowing exactly which patents are covered?
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This latest deal leaves Motorola Mobility, with which Microsoft is currently in litigation, as the only major Android smartphone manufacturer in the U.S. without a license to Microsoft's patent portfolio."
The article fails to mention that Google bought MMI (http://www.marketwatch.com/story/google-buys-moto-gives-microsoft-an-opening-goog-mmi-aapl-rimm-nok-msft-2011-08-15). So when they say Motorola Mobility, they really mean Google. Things will probably get interesting when Google fires back with some of MMI's patents.
Then again the whole thing is a non-productive waste of time and resources. Three cheers for a broken and counter-productive patent system.
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The reason the article doesn't mention it is because it hasn't happened yet. Google is trying to buy MMI, it hasn't happened yet. These things don't happen overnight...
"Trying to buy" and "definitive agreement" have very different implications. I'll side with the article as a more "definitive" source.
"The company announced this morning that it has entered a definitive agreement to buy Motorola Mobility Holdings Inc. (NYSE: MMI) for $40/share in cash, a premium of 63% to Friday's closing price on Motorola Mobility's shares."
Extortion (Score:4, Insightful)
Legalized extortion is what this is. Patent reform is needed, and needed sooner rather than later.
Petition to end software patents in the US (Score:3)
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Legalized extortion is what this is. Patent reform is needed, and needed sooner rather than later.
These are grown-ups signing licensing agreements with Microsoft. Companies like General Dynamics, the sixth largest defense contractor in the world.
Samsung with revenues of $172 billion and with 276,000 employees. 50 years experience in consumer electronics. Manufactuer of 800 million mobile phones. Samsung [wikipedia.org]
So tell me what you know about these patents that Samsung's engineers, legal counsel, management and financial advisors do not.
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Something that should not apply to math?
The fact is software patents are total bullshit.
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then samsung should just make up their own algorithm and code for all these problems. not like there is only one way to do things.
oh wait, it's going to cost money and eat into their margins
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They already have too. Copying code would be copyright violation. Patents protect the entire idea of the solution.
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Say hello to H.264.
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How do you know the patents in question are all software patents?
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Clearly hardware is patent-able. So a novel arrangement of logic gates soldered onto a PCB should be patent-able, therefore the same configuration of logic gates implemented on a FPGA should be covered by that patent (it's the same logic gate arrangement after all)
You've already failed. Let's try it this way: Clearly hardware is patentable. So a novel arrangement of letters in movable type affixed to a printing press should be patentable, therefore the same story on a computer should be covered by that patent (it's the same text after all).
But obviously it isn't. You can't patent literature, in the same way as you ought not to patent software.
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As a guess, the FAT32 file system and Exchange Activesync.
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Microsoft has not disclosed which patents they allegedly would infringe.
This is the situation:
Microsoft: We've got some patents here that these guys are infringing. They should pay us.
Judge: Which patents are those?
Microsoft: I can't tell you, they are secret. But they must pay us, trust us.
The only thing that surprises me is that they got away with that.
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Microsoft has not disclosed which patents they allegedly would infringe.
Yes they have.
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http://slashdot.org/comments.pl?sid=2278670&cid=36607816 [slashdot.org]
Re:Extortion - All your code are belong to us (Score:2)
Do you know what the patents are? How exactly are you qualified to call this extortion if you have no insight as to the facts of the situation?
What it is? Its a systematic campaign against open source code and free software in general and Linux in particular. What Microsoft is doing is using using software-patents to bludgeon open source and Linux. They have threatened for years now that if they find themselves losing in the marketplace they will sue successful open source projects out of the marketplace and the way to do so is with software-patents. And this is what they are doing.
I think what the OP is saying is that the tactics MS are usin
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It's extortion because Microsoft has failed to state what IP Android is infringing.
Do you seriously think that Samsung was not informed what patents has that this agreement would cover? The agreement may be open ended and include some patents that have not been fully specified, but Microsoft do have enough examples (that have specific licensing programs) that they can show Samsung.
I do believe the level of discussion between the legal departments of the two companies would have been a bit more specific than the simplistic and vague statements that get posted around here.
What's suppose to happen is Microsoft would sue Google stating what specific patent Android is infringing. Once the proper evidence has been presented and deemed proper, the court would rule in Microsoft's favor. The court would order Google to remove the offending code and pay Microsoft a fine.
The code may not b
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I do believe the level of discussion between the legal departments of the two companies would have been a bit more specific than the simplistic and vague statements that get posted around here.
The problem is that it usually goes something like this: We have several hundred patents which have some vague relation to what you're doing. Some of them you don't really infringe, others would probably be invalidated if challenged, but if you wanted to actually challenge them all you'd end up spending many millions of dollars. In the meantime the lawsuit makes the news, your stock price goes down and customers and developers shy away from your products. How about you just pay us the money instead?
Licensin
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That is the same thing. Splitting it into separate transactions does not make it any less of a protection racket.
Let me spell it out for you. Let's say a company comes to you with two patents, one of which you aren't infringing and the other of which could be invalidated in court. The cost of vindicating yourself is $X/patent, after legal fees, wasted programmer time, marketing detriments, etc. They're asking for an aggregate licensing cost of $20X, so you go to court, win, and come out ahead, since $2X is
How does M$ get away with this? (Score:4, Interesting)
They didn't make android and sure as hell didn't make the Linux OS it runs it. Why is it that microsoft is able to extort money like this?
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FAT Long File Name support
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Microsoft invented the file system (Score:4, Insightful)
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It's a shame that it's the de-facto standard for a file system that you can plug into anything.
If the card was formatted as ext2, it wouldn't be a patent issue any more - it's a shame about the droves of users complaining about not being able to read their SD card on Windows...
You can get ext2 file system drivers for Windows (and they've been available for some time), but MS choose not to integrate any kind of support for "foreign" file systems into their OS.
Non-admin users; how to load the driver (Score:2)
You can get ext2 file system drivers for Windows
Can a user who is not a member of the administrators group install such driver? And there appears to be a chicken-and-egg problem: how does one load such driver onto an Internet-disconnected PC without first inserting a memory card formatted in FAT or NTFS?
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And there appears to be a chicken-and-egg problem: how does one load such driver onto an Internet-disconnected PC without first inserting a memory card formatted in FAT or NTFS?
FAT is fine. Just keep to 8.3 length filenames and you do not infringe on any patents.
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I've been told (I don't remember where) that FAT32 is also patented, whether or not long filenames are involved.
I think the patents just cover long filenames, but I could be wrong. However, the Windows driver to the read/write ext2 filesystem fits on a single floppy disk so it does not require FAT32. It could also fit on a CD-ROM, which also does not require any Microsoft patented technology.
Carry a USB CD-ROM drive (Score:2)
However, the Windows driver to the read/write ext2 filesystem fits on a single floppy disk [...] It could also fit on a CD-ROM
So one would have to carry a USB CD-ROM drive in order to install the ext2 driver on any computer that one uses. Otherwise, you're just replacing the Microsoft patents with the U3 patents.
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Huawei phones, when connected to a PC, show themselves as a CDROM containing the drivers for their sync technology. If you select to share your internal SD Card, then an ADDITIONAL DoK appears to the PC.
I believe they were not the first to do such a thing.
Shachar
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FAT isn't patented vFAT is (long file names).
CD-ROMs (and these phones) use ISO9660 a completely unrelated and unpattented file-system that Windows also supports (all be it read only in early versions).
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CDROMs are formatted in a filesystem called ISO-9660, which is not FAT. There are extensions to this format (Juliet, RockRidge), and these, too, are not FAT.
Shachar
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I'm pretty sure only about 14 cents of the $5 is FAT32-related, and the bulk of it is due to patents that originated with Windows Mobile. Like it or hate it, WinMo was doing more or less the same stuff Android does today circa 2004. IOS and Android just made it pretty, and gave the dialer app a finger-friendly user interface.
Architecturally, PalmOS phones and WinMo phones were VERY different, and iPhones & Android phones have more in common with WinMo than PalmOS hardware.
Metaphorically:
A PalmOS phone (
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Actually, it's a bit disingenious to think that you can stick a modem to a serial port and call it a day. Hardware wise, that's all it is in all smartphones - even highly integrated chips have the baseband connected to the application CPU core via a standard interface like USB or shared memory or somesuch. Very easy and separates cleanly.
The software tack that resides on the application core (regardless of Android, WinMo, iOS, PalmOS, etc) is where the money's at. You may think it's trivial issuing AT comma
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That is really quite metaphorically, because at least one of the last Windows Mobile phones (HTC HD2) had almost the same hardware as Nexus One, so porting Android to that phone was not that difficult. There are also ports for other Windows Mobile devices.
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Well, the HD2 was kind of an exception, because it was literally the last of the line and was already well into the Android evolutionary hardware curve. I was mainly talking about HTC phones from roughly 2004 through 2008, when there were still people crazy enough to think that single-core smartphones (as in, a single CPU controlling everything from the OS to the phone itself) were viable, let alone a good idea. Anyone remember the useless, crippled super low-end Windows Mobile 6 "smartphones" that lacked t
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I never had those crippled WinMo phones without touchscreens, but before the HD2 that I currently use, I used to own HTC Wallaby, Himalaya, Blue Angel, Universal, Athena and Blackstone, so I went through pretty much all Windows Mobile versions from 2002 to 6.5, mostly using custom ROMs from xda-developers. I have also disassembled a few Himalayas and Universals and I am pretty sure that there were some DSPs on the motherboard.
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Invented? You mean copied from CP/M. Dos V2 added Unix style directories. The only reason anyone uses VFAT is because it is the only filesystem that windows can read that is both properly documented and simple to implement.
It's a tax on being compatible with Windows.
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Invented? You mean copied from CP/M.
There were a lot of similarities in the way that you accessed files between DOS and CP/M (drive letters, 8.3 filenames), but the actual FAT file system was not the same as CP/M's.
In fact, that was one of the advantages of MS-DOS over CP/M - the standardized disk format. The old CP/M systems made by the different vendors could not read each other's disks because they had their own customization of the file system. Disk interoperability was one of the reasons that DOS won in the end.
that patent has already been ignored for a long ti (Score:2)
what are you talking about? that patent has been effectively nullified. http://lwn.net/Articles/338981/ [lwn.net]
lwn.net/Articles/338981/ (Score:2)
Not until 2016 (Score:3)
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Look at what Apple & Samsung fought over in Europe with the Galaxy Tab. Samsung LOST when it was pretty clear it was obvious and had a ton of prior art. Who's to say Microsoft doesn't hold something like that? It could be a multi-input touch screen or could be tied in with something from the Zune. Who knows?
Honestly, I'm sure the cost/benefit analysis is why it happen this way. Assuming Samsung's lawyers evaluated Microsoft's patents and think they are bunk, it's still cheaper to pay microsoft X amount
Because they have patents on something it does (Score:2)
More to the point: They have patents on something it does, and they are valid enough that the companies are willing to pay the asking price. It may be the the patents are quite valid, or it may be that they are on the fence, but the price is low enough. Sometimes it is worth it for companies to just pay.
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I install Microsoft software on anyone's computer. I download the software from torrents. I figure there's no need to pay for it, since people have already paid Microsoft when they bought their Android phones,
Steve Ballmer was a prophet. (Score:4, Funny)
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Modus Operandi (Score:5, Insightful)
This is nothing more than a legalized protection racket.
Microsoft has made claims for years to own the patents on various aspects of Linux (which Android is built on), making only vague references and never specifying what exactly it owns. It then uses this to strongarm companies using Linux into paying them royalties.
The best part is that, unlike illegal protection rackets, this one is entirely supported by the broken patent (and legal) system we have today.
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Don't you think a company as big as Samsung (US$ 294.5 billion in total assets, almost 3x Microsoft's) couldn't fight Microsoft in court if these claims weren't substantial? Do you honestly thing MS went to Samsung and said "We have some patents you're infringing. We're not going to tell you what they are but they're really good." and Samsung just rolled over? That makes zero business sense.
No. Most likely Samsung knows exactly what they're dealing with, decided it would be more expensive to fight in court
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Samsung also sells Microsoft-running devices.
"Would be a shame if you didn't get the same 'discount' on your Microsoft OS licenses that all your competitors do"...
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I've got no mod points, but you're exactly right. The biggest guys to cave in to MS's extortion are WinPhone partners: HTC, Samsung.
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No. Most likely Samsung knows exactly what they're dealing with, decided it would be more expensive to fight in court and they'd probably lose anyway, so they made a deal.
How can you say that when you have no clue what the terms of the deal were? Maybe the monetary aspect is negligible and it's a cross-license deal that keeps Samsung from also suing Microsoft as they're doing with Apple. Samsung's patent portfolio is also very formidable. Maybe MS is more interested in the PR victory this represents as a boost to WinMo at Android's expense.
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All these hardware mfrs will be competing with Apple, who have their own hardware and OS. MS wants them to buy its OS, not use the free one. The hardware mfrs are more likely to use the free one to compete with Apple better on price. MS is applying leverage to make sure it is NOT cheaper to use the free one, so they have a hope of selling theirs. They don't want to depend solely on Nokia to compete with Apple.
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I refuse to pay Microsoft for an Android phone (Score:2)
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Your idealism is idiotic.
Get the best phone that meets your needs.
Yes HTC does pay MS $5 for every Android phone they produce, but it is only $5, get over it.
Without Android you are forced to go with Apple who is suing the crap out of everyone. Or a MS mobile based phone which well you hate MS so why would you do that? Then there is Nokia with Symbian for a little while longer before they go full on MS, so you can guess that getting support for Symbian is going to suck down the road.
Or, you could go with
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I made more than $5 sitting here and thinking about this topic.
Yes, it is idiotic for HTC/Samsung to pay $5 per phone to Microsoft, but it is just $5, get over it.
Wars may be noble, but battles are ugly, pick your battles to win the war. If HTC or Samsung had fought to the bitter end on this you would either have to pay a lot more, or you would not have even had the choice.
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If you found out that your favorite restaurant was being extorted on a regular basis would you quit going to it?
Because that is what is going on here, HTC and Samsung are getting extorted and people are saying they won't buy from HTC and Samsung even though they are the victims here.
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Do you also refuse to do business with any company that runs Windows on their office machines?
Because, you know, some of your money also goes to MS if you do that.
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Wow! You didn't even read the summary!
Motorola Mobility (now owned by Google) is also not paying up, and counter-suing for MS's infringements of their patents on WP7 (not that they can recover very much from MS, it's not like the infringing WP7/WP7.5 is harming anyone right now -- except Microsoft).
Why They Are Paying Up... (Score:2)
Microsoft invented the file system used by many Android-powered devices to store data on SD cards, including a major enhancement released in 1995 that allowed file names to exceed the 8.3 limitation of early versions of this file system. This enhancement, commonly called "VFAT", is patented.
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Re:Why They Are Paying Up... (Score:5, Insightful)
No, they did not. There are very, very few real inventions that can be attributed to Microsoft. This is not one of them. VFAT is an "invention" in the same vain as a janitor is "inventing clean" via an application of a mop and a bucket of soapy water to a floor. The term, now apparently forgotten, that once used to describe why such things are not patentable is "an obvious application of the art"
So, as many people pointed out thousands of times:
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It's worse than that. VFAT (FAT with long file names) is not "obvious" in the sense that a "swipe to unlock" is obvious or a linked list. It's actually quite complicated and something that even an expert in the field wouldn't be able to come up with on their own. As Wikipedia explains [wikipedia.org], if you were to come up with all of this on your own, you would have to decide that you are going to repurpose directory entries, having N directory entries before the actual file's entry forming a linked list containing 13 ch
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This is actually quite obvious consequence of the whole trend into which most industrial nations have been purposefully egged on, bullied and downright terrorized if need be, by the very people who now fight amongst each other.
One can think of this in a very simple way that explains the whole thing: feudalism and thievery. In a feudal system, the "landed gentry" i.e. land owners, rule a nation and all others, i.e. peons, are forced - by virtue of geography - to rent their places to live from these land-lor
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Not sure if I completely agree, but an interesting post.
What the article fails to mention (Score:2)
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Maybe so, but the money in the deal is all going Samsung-->MS
why does Android use FAT anyway? (Score:2)
Is Android really using FAT?
The only reason I can think of to use FAT on a device is because you'll sooner or later need to put the SD card into a Windows computer and it won't be able to access it. This makes some sense for SD cards and USB sticks, but Android devices are so good at using Wifi for file transfer (ftp apps, dropbox, http, email, many many options..)
I can hardly imagine really _needing_ to take the SD card out of my tablet and physically inserting it into my desktop computer. So why not jus
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Because a lot of people are stupid and won't understand why their "sd card is broken" when they plug it into their windows laptops.
Moto/Google (Score:2)
Not that i am approving of all these patent lawsuits, i hope that Google finds a small nugget of gold and teaches Microsoft a lesson and pounds them with it until they bleed. Motorola was around long before bill gates was even born and should have a portfolio to trump anyone in the communications business.
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MS was making OS's when Samsung could barely make a working microwave. MS was making mobile devices when Samsung was still associated with cheap and LArry and Sergey were still in college.
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Given Microsoft's history of IP theft back then, I wonder how they would have fared if the established players back then demanded and got the same fees and licenses that Microsoft is demanding now?
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When was this then?
- MS DOS: Bought from a Seattle company
- Windows: Largely based on stuff they learned from OSF and Apple.
- Mobile devices: Did they make any before the Zune?
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Yeah it's all really bad... except when it's used against a company we don't like, then it's justified and we hope the patent litigation is successful.
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Actually, you'd be wrong. Most of the posters that I saw around here when i4i was going after Microsoft over that frivolous lawsuit were defending Microsoft (mainly because it goes beyond idiotic to patent what amounts to metadata in XML).
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