Microsoft Signs Android Patent Deal With HTC 174
adeelarshad82 writes "Microsoft and HTC have signed a patent deal that will provide broad coverage under Microsoft's patent portfolio for HTC's mobile phones running the Android mobile platform. The announcement comes in the wake of a massive patent suit from Apple, which alleged 20 instances of patent infringement on the part of HTC."
I smell EVIL (Score:2, Insightful)
Re:I smell EVIL (Score:4, Funny)
Don't you?
Sorry. I had chili for lunch. I'll open a Window ...
HTC is hedging their bets (a smart move), but will this lead to disparate Android UI's between platforms?
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We already have that: between the multiple different versions of Android itself and things like Motoblur or Sense - Android is a totally fragmented platform.
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Or diverse, however you want to look at it.
Saying it's fragmented is like saying "US business is fragmented, there's a bunch of small and large competitors who perform similar work!"
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Agreed, it's semantics. But for me, if it allows me to choose the best solution for my needs it's diversity. If it hampers me and makes it hard to run what I want, it's fragmentation :) The problem is people who bought devices expecting (and in some cases being promised) upgrades who aren't getting them, and hence can't run specific apps. Say what you want about Apple, but at least an iPhone can run any app it has the appropriate hardware for - a consumer doesn't (yet!) have to worry about the OS version.
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Is it the entire Android platform that's fragmented or just the user interface?
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I dont understand. Each successive version so far is still 100% backwards compatible with all older versions. When you write an app, you have to specify the minimum SDK version you will support.
The only problem you might have is if you write an app that requires Android 2.1 - where many current Android phones have not yet been upgraded. But then as far as I know, the app wouldn't even show up on Android Market for phones running a previous version.
The "fragmentation" argument is just FUD in my opinion.
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We're going to have that anyway with Android, and HTC is the king of alternate UI for Android. The benefits and drawbacks are debatable, but at some point there will be devices running Android that can't even be readily identified as Android devices by a casual user.
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Oh yes you can. This is Slashdot. You can be handed a Golden Artifact of Magic Hourly Orgasms, and it would be quite normal around here to complain about it.
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They're hedging bets (or rather, buying "insurance" from MS) at the expense of the legal standing and reputation of the Linux community.
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> HTC is hedging their bets (a smart move), but will this lead to disparate Android UI's between platforms?
No. This will result in crippled android devices and in return microsoft will not cut their piece of profits on the windows phones.
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Pay Apple for patent infringement while they are a competitor, or license patents from a client that may block the infringement charges.
Re:I smell EVIL (Score:4, Insightful)
Given that some of the patents that Apple has invoked against HTC concern WinMo phones, it would seem that Microsoft has a stake in that fight alongside HTC.
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Me too!
But really I'm low on karma.
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My guess is that HTC wants to be able to either stave off the Apple harassment or they want to gain Exchange connectivity.
Honestly, if HTC were to come out with an Android phone with GOOD exchange support, they'd have a lot of the current WinMo fans in their pocket for the foreseeable future. THere are a lot of WinMo users who are pissed at MS for going to the Apple "only through our portal" way of doing things: they want to tinker. The WinMo mod scene is non-trivial in size, and are composed of largely tec
oooh (Score:3, Interesting)
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Re:oooh (Score:5, Interesting)
I don't pretend to know what "broad coverage" means, but if MS wanted to fight Apple, doing via open source proxy would be an ideal way to do it. HTC does the fighting and MS provides the ammunition. All the risks are with HTC and MS is at least partly insulated from bad press it would get in a direct confrontation with Apple. And the situation could be very bad for Apple: they are going after an open source platform, with all the bad press that going to bring on them, but they are also going against one the most intimidating patent portfolios there is, and one of the few companies with a war chest to match theirs, and they would have a lot to lose, while MS doesn't.
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That strategy worked so well with SCO now didn't it?
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It worked well enough with SCO. It delayed Linux acceptance enough and for long enough for Win7 to come out. Some would argue (I wouldn't) that the linux desktop window of opportunity is now closed.
It worked (in another form of delaying tactic) to kill the netbook. You don't even see netbooks advertised much these days, and those you do see are more expensive than they used to be (presumably because Win7 starter isn't essentially free like XP was).
If MS can hold back Android long enough for Windows Mobil
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Or they could just throw a chair.
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You're kidding right? If you're MS, you can choose to have a near-total monopoly on desktop operating systems, and all the attention that brings from regulators and customers concerned about lock-in, or you can choose the status quo. What's so good about the status quo? You have the world's best competitor: tiny market share but very visible, with sky-high prices. MS isn't worried about Apple, they love them to death. They support Apple with versions of MS Office, just t
From the article... (Score:3, Insightful)
Beneath that rhetoric of unity, however, is an implication that, given the chance, Microsoft may go after other Android handset manufacturers who infringe on its IP.
Not likely. Once it goes to court their whole racketeering operation will have to shut down. Far better to bank out of court settlements based on vague threats than going the Apple route and listing the patents begging for invalidation.
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Sue (Score:4, Insightful)
Google should sue anyone who makes a deal with Microsoft. Because what's the point if you have to pay Microsoft for using Android?
Re:Sue (Score:4, Insightful)
What grounds is Google supposed to sue on? It's not like you can just sue people for pissing you off.
That's beside the point though. Microsoft doesn't make phones. Microsoft makes a phone OS. It needs other companies to make the hardware, as does Google. Given that HTC seems to be the industry darling when it comes to producing hardware for 3rd party OS's these days, it's likely that Microsoft simply made a non-monetary agreement with HTC - if they keep making Windows phones, they are in the clear regarding MS patents for other systems.
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Then they need to write their next contracts better.
Also google should make sure any future "google phones" are not made by HTC. I am sure motorola or anyone of the many Chinese makers would be glad to do the work.
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One of them makes deals with the devil the other does not, seems to me hardware quality don't enter into it.
Even before that SenseUI almost ensured I would not buy one of their phones.
Poor Palm (Score:2)
Oh, yeah! I remember that one! (Score:3, Funny)
We're talking about episode VI, right? Vader kills the Emperor? /. crowd?
So I guess, this is enough for Microsoft (or its ghost) to be welcomed by Yoda, Obi-Wan or the
Hmm, on the other hand I was always a Star Trek fan myself, so I might be shooting blanks here...
Re:Oh, yeah! I remember that one! (Score:5, Insightful)
no, it's more like Episode V, when Lando tells Han that they've just signed "a deal that'll keep the empire out of here forever"
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So you are saying Microsoft is not the child prodigy that becomes a powerful evil force, but is instead the guy that is forced to betray his friend, but then saves him as well as his companions and goes on to become a rebel hero?
Hmm, as I said before, Star Trek is more "my thing", so I might be missing things here...
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I think HTC is supposed to be Lando and Microsoft is the Empire.
Does that make Android/Google the conflicted hero son of the dark overlord Bill Gates?
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The one that wants to sleep with his sister?
Yep, that's the one. :P
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If HTC are Lando and Microsoft are the Empire then I suggest that would make Apple the Trade Federation.
Timeline? What timeline?
The big picture. (Score:4, Interesting)
As Engadget points out (or maybe just theorizes), the licencing fee for android patents is about the same as the regular licence fee for Windows Mobile (aka Windows Phone 7), thereby making it a wash for phone developers.
They're really just trying to level the playing field (in a shitty way).
-Taylor
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That is not leveling the playing field, that is a protection racket. Leveling the playing field would be making WinCE cost near nothing.
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That is not leveling the playing field, that is a protection racket. Leveling the playing field would be making WinCE cost near nothing.
Well, it is still leveling the playing field. I certainly wasn't trying to imply that what they're doing is okay, and although it boils down to a protection racket, i feel like their real plan is to make android cost the same as WinMo, not just get protection money. The point isn't the money (which is normally why people collect protection funds), its promoting winmo.
-Taylor
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Fine both mean the DOJ needs to get involved, but that will never happen.
Either way, I am going to be sure in the future I do not buy any phone made by anyone who paid MS a dime. So glad I did not get an eris.
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Fine both mean the DOJ needs to get involved, but that will never happen.
Either way, I am going to be sure in the future I do not buy any phone made by anyone who paid MS a dime. So glad I did not get an eris.
Sadly, HTC is awesome. I've been a customer of theirs for years and have never been let down by the hardware. Currently on a Nexus One and love it.
I'll try not to worry about what their accountants and laywers decide, because their hardware guys are amazing. Unless this gets worse though, I suppose. I'm more just sickened by the thought of continuing to pay Microsoft for licensing a phone with an OSS OS. I thought i decided to stop paying them for phones a long time ago...
-Taylor
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They can be awesome just like SuSe once was, I still won't buy from folks who make deals with the devil.
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They can be awesome just like SuSe once was, I still won't buy from folks who make deals with the devil.
Fair enough.
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Microsoft getting paid for every device whether or not they participated at all in its creation is not "levelling the playing field". The reality distortion field is really strong up there in Redmond, isn't it? That's the only POV you could be coming from to be looking at this as levelling a field unfairly tilted against Microsoft. That is, you'ld have to be from a rather different planet than the rest of us.
This deal might hold up for a while, but eventually we'll all read about every sordid detail in
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The reality distortion field is really strong up there in Redmond, isn't it? That's the only POV you could be coming from to be looking at this as levelling a field unfairly tilted against Microsoft....
You are very incorrect. I live in silicon valley, and have never been to washington. I hate windows mobile and ditched it *years* ago, never to look back. I am a rabid fan of Android and shelled out for a nexus one as soon as they hit AT&T. I had a G1 for a year before that.
I never implied that the playing field was fairly or unfairly tilted, just that it is tilted. Of course, its tilted because windows mobile is complete crap and they charge for it, when android is amazing and free. I merely said that
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Although Android is FOSS most companies that use it actually pay Google for integration services and apps. It's only free for the companies that don't do this, and HTC isn't one of those I don't think. So Android isn't always free even if it's FOSS.
Windows Phone 7 and Windows Embedded 7 are a rebranding. They have nothing to do with Windows 7. Perhaps they're also a rewrite but they've rebooted the development team twice in the past 2 years. It seems unlikely they've managed to develop a secure, robu
And What About Google? (Score:5, Interesting)
Embrace Extend Extinguish (Score:2)
It's a trap!
will someone tell me (Score:5, Insightful)
which one is farnsworth and which one is rca so i know who to root for?
http://www.physlink.com/education/askexperts/ae408.cfm [physlink.com]
ip law doesn't reward inventors. ip law rewards assholes with big pockets. as this case shows, ip law is a farce, its a way for big companies to waste a lot of money on lawyer whores
if you are the little guy who thinks that copyright is for authors, and patents are for inventors, you're a fool
ip law is for distributors and large corporations. real creators are screwed. stop being naive
in the name of the highest ideals of western democracy, fuck ip law, it should be actively undermined and destroyed by anyone with morality and principles. we can't work through our governments and legislators, they're all whores to the patronage system. its up to the common man to destroy the entire rotten edifice
i'm not talking about revolution or any such nonsense. i'm talking about piracy. i'm talking about hitting them in their wallets. with any luck, we can bankrupt the organizations that profit from the idea of "intellectual property", and thereby destroy the validity of the idea itself in anyone's eyes
aarrrrrrrrrrrrrrrrrr!!!
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(Microsoft vessel a huge ship with many cannons)
Captain (with parrot on shoulder): The old foe returns! Blow 'em sky high! FIRE!
First mate: But cap'in, we have no weapons!
(zooms out, captain and first mate in 2-man row boat)
Not to say that I don't agree with you, its just that we can't fight back with much.
apparently you don't know what pirates do (Score:2)
we drain their treasury mate, we play robin hood with their booty
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Throwing yourself in the firing line drags those close to you into the crossfire as well (on the assumption that you get caught).
then don't get caught (Score:2)
tens of millions of poor media hungry and technologically savvy teenagers from around the globe
versus
a couple thousand fucking lawyers
who's going to win this contest?
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I'm going to have to say it would be a massacre, with the sharks with friggin' lasers coming out on top.
more Linux FUD from Microsoft and Friends. (Score:3, Interesting)
I looked at as much press as I could find about this, and I cannot find anything that says exactly what IP Android infringes on. I smell a rat.
Has anybody seen anything that names the protected IP? What is it in Android that infringes on Microsoft's IP? And if Android does infringe, why aren't they going after Motorola?
More Linux FUD from Microsoft and friends.
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How the crap? (Score:2)
Seriously - how the crap can anyone point to the patent system and say that it promotes innovation?
Small company might run afoul of a larger one, so it finds another larger one to partner with. Sort of a mutually-assured-destruction patent scenario. The product doesn't change a single bit. It still infringes on whatever Apple patents it may have infringed upon. It just has a new benefactor that Apple knows it cannot beat in a patent war.
Software patents are so broken it's insane. When will we final
MS vs HTC (Score:4, Insightful)
I doubt MS forced HTC's hand on this one. They've arguably been the only thing keeping windows mobile from being a complete failure. They've consistently released the best selling windows mobile phones with the best hardware and UIs available. Sure everyone likes getting money, but anything HTC can give MS is chump change. Hell, MS gives away money just for using bing to buy stuff. I imagine the untold details of this arrangement have much more to do with how HTC will help MS make WinMo7 succeed. MS needs a high quality phone line-up for WinMo7 and HTC has consistently given them that in the past. Who else can they realistically turn to? Sony? Motorola? Samsung? None of them were able to offer windows mobile phones that were nearly as compelling as HTC's.
Interestingly enough we are seeing the same thing play out in the android universe. Other than the Droid HTC phones are dominating the field. It's in both Google and MS's best interests to keep HTC alive, happy and hopefully developing the best phones for their platform. It's no coincidence that Apple is targeting them.
What about OIN? (Score:2)
Ballmer says: (Score:2)
So long, HTC - we hardly knew you (Score:2)
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Or maybe I'm stupid, and Microsoft is trying to use the threat of Apple's lawsuit to secure revenue on their own patents.
You know, either way.
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I doubt it. HTC is the biggest producer of WinMo phones and has been for years.
Microsoft NEEDS HTC to be a big supporter of WinMo7 so they where probably eager to help them out.
I doubt that they will go after Google because goodness knows what patents on search Google has that they could use to beat up Microsoft.
Overall WE NEED TO THROW OUT ALL SOFTWARE PATENTS!
Re:Too weird (Score:5, Insightful)
Re:Too weird (Score:5, Insightful)
Agreed, I don't understand this thought process going around the web and this story that MS is protecting HTC from Apple. MS saw what Apple saw, HTC was the lowest hanging fruit of the OEMs. Now, if WinMo7 wins, MS wins. If Andriod wins, MS wins. There was always a question of how MS was going to compete against free. Well, that was answered. An OEM can either pay a license for WinMo7 from MS or get Android and pay a royalty to MS. Also, by settling, the infringing patents are not shown (unlike the rather ham handed move by Apple). FUD to other OEMs will do just fine, thank you.
Nice move MS. First you have two horses in this race. Second, did it without having show your infringing patents. Finally, somehow got thousands of idiots on the web to believe that you are the good guys and just a another soldier by your side in the battle against Apple. That last move is what impresses me the most. MS PR department has really come a long way since the '90s. Welcome back MS. You are your best when you are evil.
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Good PR?
This just means I will not being replacing this droid with any HTC phone. If motorola signs, I will go to a phone right from google.
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Google don't make hardware. The Nexus One is made by ... wait for it ... HTC.
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Fine then I will get a nokia. Just means I have to do a little extra research. Makes me very glad I did not buy an eris. HTC go DIAF.
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It would have to be a linux phone like the N900 symbian is pure crap.
Re:Too weird (Score:4, Interesting)
Other OEMs that don't make similar deals may get sued by MS for using Android.
I believe this is pure speculation on your part, because MS made no indication that it intends to sue hardware manufacturers because of software patents (Android related or not!). My understanding is that Microsoft is not a patent troll. Microsoft completely understands that software patents are a minefield, and use their large portfolio for protective purposes against companies like Apple.
In my opinion, Microsoft's move has the following intent:
1) It ensures that HTC can manufacture Windows Phone 7 phones (or whatever they will be called). HTC is not only Microsoft's largest partner in mobile phones, but they make handsets with the fastest hardware (which WP7 will probably need to run Office smoothly). It would be a disaster for Microsoft if HTC was forced to remove features from their products because of Apple's lawsuit, especially with WP7 being so close to being launched.
2) It practically guarantees that Apple will not be successful with its patent trolling against HTC (Nokia is on their own, but their portfolio is already huge). If Apple had even some degree of success, they would've been encouraged to pursue further legal action using software patents.
3) MS capitalizes on Android's success.
I believe the motivation for OEMs to license patents from Microsoft actually comes from Apple, and not from Microsoft. So from my perspective, it looks like Apple's attempts at intimidation have backfired.
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My understanding is that Microsoft is not a patent troll. Microsoft completely understands that software patents are a minefield, and use their large portfolio for protective purposes against companies like Apple.
I think your understanding may need an update. Microsoft is using Acacia to attack Redhat, just like Ballmer threatened to do. Microsoft claims Linux infringes msft patents, but msft refuses to specify which patents. Msft funded the entire scox-scam.
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Microsoft was not the first with the tabletop. That had been out a couple years before Microsoft's version. Microsoft's is just a copy.
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Or, this could just be a move by MS to slow down Apple taking down Android, thus leaving only those lovely W7 mobile phones as fish in the barrel of Apples new iphone shotgun this summer.
More than weird... (Score:2)
It hurt my brain.
I mean, *really* hurt my brain.
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and to top it off Microsoft licenses ActiveSync to Apple and Google. Last few years Apple and MS have been playing very nice together. Almost like a balance or terror. MS doesn't want Apple to become too powerful
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Re:Novell? (Score:5, Insightful)
is it FUD when every HTC andriod phone comes with an additional microsoft license fee? Is it FUD when people bust their ass coding software and MS comes along and charges for that software? Is it FUD now that any attempt to sell devices with Linux on it will result in a license fee? passed down to you? This is the REALITY not FUD. its REAL. And the more the Linux community buries their head in the sand and just write this off as FUD the more MS will run this extortion racket ala SCO behind their backs. Microsoft can go FUCK itself.
Linux is no longer free in a commercial environment. If you run Linux you owe Microsoft money. That's the bottom line. Who the fuck woulda thunk?
what this does is makes linux more expensive to deploy for manufactures than windows. And since Linux and company could not care less and really does not care Microsoft will win.
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Microsoft doesn't tell *you* which ones. That doesn't mean they haven't told others, such as HTC, Amazon, Samsung, LG, and the others who have decided to license their patents.
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What Microsoft Patents does Android infringe on?
Let's see ...
... handheld device that is or isn't Zune compatible ... technilogical advancement that does not include Bob [slashdot.org] ... I'm sure there are others.
Electronic computing device that is not made by Apple
Re:This can be good... or bad (Score:4, Insightful)
That may be, and it is understandable to be wary. However, I wonder if Microsoft is doing a different strategy, more along the lines of "the enemy of my enemy is my friend".
If one looks at things objectively, in a corporate environment as of now, Android is not a threat to Windows Mobile. It does not have true memory card encryption which is required in a lot of enterprises. Nor can it really be bound to Exchange where it supports profiles like disabling cameras, limiting what software is installed (on Windows Mobile, companies can have their own signing key to only let apps that are vetted in house run,) and other items which might be used for regulatory compliance.
I'm also sure that Microsoft knows that if HTC is crushed by Apple, then more people will end up on the iPhone. It is the lesser of two evils. Android which is limping along slowly but surely and suffering from fragmentation, versus the iPhone which has the ability to cause a lot of lock-in. It is easier to move a customer from Android to Windows Phone 7 than it is from the iPhone platform. So, by siding with the lesser of two evils, MS is preventing Apple from getting an overwhelming death grip on the market.
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Even in the enterprise is it growing, it supports activesync with SSL so that is fine for email and calendar for most.
Blackberries here are on the way out, the OS sucks, BES got worse going from 4 to 5 and it constantly fails for one person which requires restarting the services for everyone.
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Any of that would just lead to me buying from nokia. Plain and simple, iphone already is too locked down, windows is windows, and if android phone makers pull that crap I just will use this one till it dies then get a nokia.
This stuff is just a way to put themselves out of business.
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I think anything would be better than buying a smartphone from Nokia...
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What "starting point"? HTC has been the single largest manufacturer of Windows Mobile devices for years.
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Are you being serious?
Msft owns the US DoJ. Remember the US DoJ getting all over msft about 15 years ago?
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Forget the US DoJ, they are a paper tiger.
Now the EU on the other hand, have actually enforced rulings on MS. Not only this HTC is a Taiwanese corporation, Taiwan (republic of/province of China) has some really special rules when it comes to MS software and software in general. Taiwan is the only place where it's legal to reverse engineer MS software, also being a province of china (depends who you believe) the governmen