The old adage 'Fight fire with fire' does not apply to non-metaphorical fires
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HTC pays off Microsoft in Linux protection racket
CONVICTED MONOPOLIST Microsoft has managed to squeeze money from the smartphone maker HTC for using some of its much talked about but never revealed patents that Microsoft claims implicate Linux as part of the Android OS.
According to the Vole's press website, Microsoft and HTC have signed a patent agreement that provides broad coverage under Microsoft's patent portfolio for HTC's mobile phones running the Android mobile operating system. Under the terms of the agreement, Microsoft will receive royalties from HTC.
However this information is somewhat alarming. It means that Microsoft is approaching companies and demanding money for "its intellectual property" that it claims is used in Linux and other free software.
The smartphone market is already riven with legal disputes as software companies and handset makers wrangle over who deserves compensation for technology behind new devices that go well beyond traditional mobile phones.
HTC is currently at war with Apple over its Android phones. Steve Jobs claims that it infringes some 20 hardware and software patents related to the Iphone.
The fact that HTC makes some pretty fine Android-powered phones that could threaten Jobs' Mob's glorious Iphone empire has got nothing to do with it.
The patent deal with Microsoft might mean that HTC does not want to fight a war on two fronts. Licensing arrangements are standard procedure for Microsoft, which has similar deals with more than 600 companies.
It is possible that Apple approached HTC with a similar deal, but if so, the sum Apple wanted probably had too many zeros.
Still, the fact that Microsoft is leaning on companies for money over the Linux-based Android OS will be a little worrying to those in the open source community, especially Google, the sponsor of Android. The last organisation to try that with Linux was the Vole's sock puppet, SCO. µ
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"The fact that HTC makes some pretty fine Android-powered phones that could threaten Jobs' Mob's glorious Iphone empire has got nothing to do with it."
Android has surpassed the iPhone so there is nothing to threaten. It is currently the number one mobile OS in the world.
"The patent deal with Microsoft might mean that HTC does not want to fight a war on two fronts."
...or it could mean that Microsoft offered terms which were more palatable than terms they were offered by certain other companies <cough .
You do realise that there's many cross licensing/royalty deals involved in selling any kind of phone, right? There's several tens of pounds of license fees wrapped up in the pricing of most phones (even though you may not see it because of operator subsidies).
Wish I would have waited another week to buy a new phone. I read this article and took my new HTC HD2 outside, smashed it with a hammer and threw it in the garbage.
Please don't support any company that pays M$ an extortion fee.
I detest MicroSoft. They railed against IBM in the early years. We ( the public ) bought PC Dos raher than IBM Dos because said MS said they´d NEVER use IBM´s BIG BRO. tactics.
To the point, we need to see what we the public can do to gather world-wide support against these people. Let them keep their proprietary WIN whatever. Let´s protect OUR Linux, and BSD. I am quite serious. If someone or company leads the way we CAN beat these parasites off!!
Hhmmm. WOndr why NOW they are doing all of this. Running SCARED Mr Gates and Co.? FUD at work. Again!!
I had taken a serious look at the phones that they haven't released yet. They looked very nice. But, after this news I don't think I'll be buying them. I'm unimpressed with any company that can't/won't stand up against this obvious extortion scheme. I also do not want to put any of my money in Microsoft's pockets. Sorry guys, but I don't like to do business with a company that is world renown for stealing other company's IP, getting caught, being sued, loosing, all the while implying that no other company's patents are valid. And in the case saying that Linux violates their patents while refusing to state what the violations are. That's abandonment. HTC seems to be playing the fool. Everyone should think twice about a company that falls for such an extortion scheme, because it lend credence to the extortionist.
...And Microsoft is using the system as a form of income stream.
Its standard operating practice for Microsoft to use this kind of racketeering; when it comes to Linux based competitors. (HTC isn't the first, and it won't be the last.)
Notice how the supposed patents in question are NEVER revealed? That's because MS knows we can code around them! (Thereby nullifying a potential income stream!)
They don't want this; so what they do is use this "leverage" (threat of legal issues) to create a new income stream...When their competitors make money; they will also make money from them!
This is why software patents should be abolished.
It only benefits certain parties at the real cost of innovation and competition. (Patent owners don't have to try when others can do the work for them!)
Parties like HTC pay, because its easier and cheaper than it is to tough it out. (Long, costly legal process; But MS has to prove the validity of their patents in court.)
HTC must feel pretty motivated to use windows mobile 7 (or whatever it'll be when it lands); normally its not regarded as a good idea to sue your customers. And there aren't a fat lot of other takers for windows mobile...
What exactly is the microsoft IPR that android infringes? long filename support under FAT32?
The fact that HTC have to pay Microsoft to distribute Android is staggeringly depressing. I bet those at Redmond are pleased as punch over this too.
What implications does this have for Linux in general? If it contains propriety code, surely that means it is no longer open source. Is that correct?