6 ms·

Microsoft's FUD goes mobile

37 points by yanw 17y ago

rbanffy 17y ago
Well... Guess I will not buy an HTC phone. I'll not support a company that gives in to empty threats or blackmail.
- DrJokepu 17y ago
  To be fair, it's not like there were an awful lot of people for whom "giving in to empty threats or blackmail" is a point to be considered when purchasing a mobile phone, so if they changed their patent licencing practices based on your opinion, they would be "giving in to empty threats or blackmail" as well.
  - rbanffy 17y ago
    Your reasoning is flawed. My threat would only be empty if I were to buy an HTC handset. Since I won't, it's not an empty threat. I intend to follow through. It's, however, not a substantial threat, unless growing a spine becomes a requirement for selling mobile phones. This, unfortunately, is not going to happen anytime soon. Yet, I feel I should take a stand, as principles matter. Too bad. I would respect them more if they bought Palm. That would probably make them own a lot of patents both Apple and Microsoft cross-license.
- ZeroGravitas 17y ago
  You might not have many purchasing options yet. This is Microsoft's next big cash cow. The lawyer in question wrote a whole book about how the future for Microsoft was licensing patents.
  - yanw 17y ago
    Microsoft's future is to be a patent troll?
    - tzs 17y ago
      By definition, Microsoft is not a patent troll.
      - rbanffy 17y ago
        At least not for the time they have any relevant product. That should happen within the next 15 years or so. GP mentioned Microsoft's future. IMHO, that's quite credible.
- tzs 17y ago
  Good luck trying to buy a phone that doesn't include patented technology licensed from someone else.
  - rbanffy 17y ago
    I support companies that license technologies that have valid patents. What HTC did just lent credit to Microsoft's FUD about their never disclosed patents Linux allegedly infringes. Want to bet Microsoft will not disclose the patents? If they did, they would have to defend them in court or see them be completely avoided in one or two minor releases. Those patents are worthless unless they want to make FUD out of them. The HTC license was, perhaps, in exchange for lower Windows Mobile and Windows Phone 7 licenses. Don't forget HTC sells tons of the former and expects to sell tons of the latter. I imagine lots of the "settlements" they make involve such tricks.
    - tzs 17y ago
      You are simultaneously complaining that they don't disclose the patent numbers AND that the patents are worthless or invalid. How can you know the latter without knowing the former? Your theory that they don't tell the patent numbers because then it would be easy to work around them makes no sense. If the patents were that easy to work around them, why would Amazon, Samsung, and LG have all licensed them? They all have the resources to put the workarounds in Linux and contribute them back upstream, thus solving the problem once and for all for everyone.
      - rbanffy 17y ago
        > If the patents were that easy to work around them, why would Amazon, Samsung, and LG have all licensed them? If they are not easy to circumvent, why not disclose them, putting to rest all doubt against their validity? One plausible reason is that, once disclosed, the patents would lose their FUD value. Even if all of them could be circumvented by kernel 2.8, every user running previous, infringing, versions would still be liable until their kernels got upgraded, something that's not always possible. It would require a huge investment to upgrade and certify all servers and appliances. In what other scenario does not disclosing the infringing patents make sense? My bet is they don't want to court-test those patents.
- MichaelGG 17y ago
  If being pressured over a patent is an empty threat, then you'd be surprised how many companies you'd not be able to deal with. Most companies (even Microsoft themselves) have just settled with trolls because its not worth it to fight.
  - rbanffy 17y ago
    It's one thing to settle with a small troll. It's a whole different game when you settle with Microsoft over their "patents that Linux infringes" secret list. HTC is enabling FUD.
moron4hire 17y ago
not a lot of details to go on here, there's no telling what the issue actually is.
- darthpanda 17y ago
  I'm wondering if this is related to Danger and their ownership by Microsoft. I would bet most people don't know that Danger created Android and that was later bought by Google. So in a roundabout way, a Microsoft company sold Android to Google. It's kind of crazy.
- thmz 17y ago
  This might be the case: - HTC agrees to sell MS phones only - They also agree to pay MS when they start selling other brands - They start selling other brands - They pay MS as agreed
  - misterbwong 17y ago
    I'm inclined to agree with this theory. Ironically, much of this article is also FUD. i.e. The deal could be seen as a veiled threat to other handset makers choosing Android - if they don't have such an agreement in place then presumably Microsoft is at liberty to sue them for patent infringement? theregister fails to take into consideration that MS is a longstanding partner of HTC's and that HTC was making WM phones almost exclusively until the last year or two. It's very likely that this is the result of an agreement made long ago.
fname 17y ago
Might offer some additional insight into this: http://techcrunch.com/2010/04/28/microsoft-htc-android-apple-patents http://techcrunch.com/2010/04/28/microsoft-htc-android-apple...
fr0man 17y ago
This isn't FUD; this is just business. They didn't even sue HTC. If MSFT infringed on a patent of Google's, you can bet Google would be taking the exact same approach.
- TeHCrAzY 17y ago
  It's just the register. They seem to have a wee bit of an anti-Microsoft bias.
- acg 17y ago
  Perhaps not FUD, but I think not releasing what exactly is infringing is suspicious to many. I've not noticed that Google is particularly litigious: perhaps as the company gets older it will enter the ethos. I can understand software patents when your competition poaches your staff, but it seems a little unjustified years later because you happened for have an idea first. Imagine if Novell acted this way.
  - fr0man 17y ago
    Well, I think software patents are inherently broken anyway. But I can't fault a company for trying to leverage that type of thing if the system allows it.
    - sophacles 17y ago
      You most certainly can. Just because something is allowed by "the system" does not mean it is OK. A dick move is just that, even if it isn't against the rules.
      - glhaynes 17y ago
        Businesses are chartered to maximize shareholder value. One may not like dealing with a business because of their policies or the quality of their products, but it's hard for me to see how anthropomorphizing companies and complaining about how "evil" they are [not that you're doing that, but it's so often done] does anything but obscure that it is in fact the system that allows, and often requires, "dickish" behavior. I notice some similar thinking in this respect about politicians, too: in both cases people complain about them and wish for a day when we'd just have "good" ones. (And often lament a non-existent past where they were good.) Companies are intended to always act in their interests and politicians almost universally (and since time immemorial) act in whatever way they think best helps their reelection because if either entity didn't generally act in this manner, they'd cease to exist and be replaced by an instance that would. The system selects for companies and politicians that act in their interests. Understanding and internalizing this fundamental fact about these entities' nature seems to me key to helping us effect the change we want to see.
tvon 17y ago
Or perhaps, Microsoft and HTC enter into deal to help combat Apple.
billybob 17y ago
My take: Microsoft can't make a mobile OS that doesn't suck, so they want to leech income from those who can, using the power of Extremely Broad Software Patents. I don't see this as a story about new and interesting alliances of enemies. I see it as a story about substituting litigation for innovation.
- ajross 17y ago
  Actually, Microsoft does make a mobile OS that "doesn't suck", at least in the sense that it's a mobile OS that HTC wants to sell on their own devices. This is just price negotiation inside an existing business relationship, nothing more. It's true that MS used this trick in the 90's in ways that were anticompetitive (Dell paying MS for every computer sold meant that they had no incentive to bundle other operating systems), but that's not the situation here.

37 points by yanw 17y ago

rbanffy 17y ago

Well... Guess I will not buy an HTC phone. I'll not support a company that gives in to empty threats or blackmail.

DrJokepu 17y ago
To be fair, it's not like there were an awful lot of people for whom "giving in to empty threats or blackmail" is a point to be considered when purchasing a mobile phone, so if they changed their patent licencing practices based on your opinion, they would be "giving in to empty threats or blackmail" as well.
- rbanffy 17y ago
  Your reasoning is flawed. My threat would only be empty if I were to buy an HTC handset. Since I won't, it's not an empty threat. I intend to follow through. It's, however, not a substantial threat, unless growing a spine becomes a requirement for selling mobile phones. This, unfortunately, is not going to happen anytime soon. Yet, I feel I should take a stand, as principles matter. Too bad. I would respect them more if they bought Palm. That would probably make them own a lot of patents both Apple and Microsoft cross-license.
ZeroGravitas 17y ago
You might not have many purchasing options yet. This is Microsoft's next big cash cow. The lawyer in question wrote a whole book about how the future for Microsoft was licensing patents.
- yanw 17y ago
  Microsoft's future is to be a patent troll?
  - tzs 17y ago
    By definition, Microsoft is not a patent troll.
    - rbanffy 17y ago
      At least not for the time they have any relevant product. That should happen within the next 15 years or so. GP mentioned Microsoft's future. IMHO, that's quite credible.
tzs 17y ago
Good luck trying to buy a phone that doesn't include patented technology licensed from someone else.
- rbanffy 17y ago
  I support companies that license technologies that have valid patents. What HTC did just lent credit to Microsoft's FUD about their never disclosed patents Linux allegedly infringes. Want to bet Microsoft will not disclose the patents? If they did, they would have to defend them in court or see them be completely avoided in one or two minor releases. Those patents are worthless unless they want to make FUD out of them. The HTC license was, perhaps, in exchange for lower Windows Mobile and Windows Phone 7 licenses. Don't forget HTC sells tons of the former and expects to sell tons of the latter. I imagine lots of the "settlements" they make involve such tricks.
  - tzs 17y ago
    You are simultaneously complaining that they don't disclose the patent numbers AND that the patents are worthless or invalid. How can you know the latter without knowing the former? Your theory that they don't tell the patent numbers because then it would be easy to work around them makes no sense. If the patents were that easy to work around them, why would Amazon, Samsung, and LG have all licensed them? They all have the resources to put the workarounds in Linux and contribute them back upstream, thus solving the problem once and for all for everyone.
    - rbanffy 17y ago
      > If the patents were that easy to work around them, why would Amazon, Samsung, and LG have all licensed them? If they are not easy to circumvent, why not disclose them, putting to rest all doubt against their validity? One plausible reason is that, once disclosed, the patents would lose their FUD value. Even if all of them could be circumvented by kernel 2.8, every user running previous, infringing, versions would still be liable until their kernels got upgraded, something that's not always possible. It would require a huge investment to upgrade and certify all servers and appliances. In what other scenario does not disclosing the infringing patents make sense? My bet is they don't want to court-test those patents.
MichaelGG 17y ago
If being pressured over a patent is an empty threat, then you'd be surprised how many companies you'd not be able to deal with. Most companies (even Microsoft themselves) have just settled with trolls because its not worth it to fight.
- rbanffy 17y ago
  It's one thing to settle with a small troll. It's a whole different game when you settle with Microsoft over their "patents that Linux infringes" secret list. HTC is enabling FUD.

moron4hire 17y ago

not a lot of details to go on here, there's no telling what the issue actually is.

darthpanda 17y ago
I'm wondering if this is related to Danger and their ownership by Microsoft. I would bet most people don't know that Danger created Android and that was later bought by Google. So in a roundabout way, a Microsoft company sold Android to Google. It's kind of crazy.
thmz 17y ago
This might be the case: - HTC agrees to sell MS phones only - They also agree to pay MS when they start selling other brands - They start selling other brands - They pay MS as agreed
- misterbwong 17y ago
  I'm inclined to agree with this theory. Ironically, much of this article is also FUD. i.e. The deal could be seen as a veiled threat to other handset makers choosing Android - if they don't have such an agreement in place then presumably Microsoft is at liberty to sue them for patent infringement? theregister fails to take into consideration that MS is a longstanding partner of HTC's and that HTC was making WM phones almost exclusively until the last year or two. It's very likely that this is the result of an agreement made long ago.

fname 17y ago

Might offer some additional insight into this: http://techcrunch.com/2010/04/28/microsoft-htc-android-apple-patents http://techcrunch.com/2010/04/28/microsoft-htc-android-apple...

fr0man 17y ago

This isn't FUD; this is just business. They didn't even sue HTC. If MSFT infringed on a patent of Google's, you can bet Google would be taking the exact same approach.

TeHCrAzY 17y ago
It's just the register. They seem to have a wee bit of an anti-Microsoft bias.
acg 17y ago
Perhaps not FUD, but I think not releasing what exactly is infringing is suspicious to many. I've not noticed that Google is particularly litigious: perhaps as the company gets older it will enter the ethos. I can understand software patents when your competition poaches your staff, but it seems a little unjustified years later because you happened for have an idea first. Imagine if Novell acted this way.
- fr0man 17y ago
  Well, I think software patents are inherently broken anyway. But I can't fault a company for trying to leverage that type of thing if the system allows it.
  - sophacles 17y ago
    You most certainly can. Just because something is allowed by "the system" does not mean it is OK. A dick move is just that, even if it isn't against the rules.
    - glhaynes 17y ago
      Businesses are chartered to maximize shareholder value. One may not like dealing with a business because of their policies or the quality of their products, but it's hard for me to see how anthropomorphizing companies and complaining about how "evil" they are [not that you're doing that, but it's so often done] does anything but obscure that it is in fact the system that allows, and often requires, "dickish" behavior. I notice some similar thinking in this respect about politicians, too: in both cases people complain about them and wish for a day when we'd just have "good" ones. (And often lament a non-existent past where they were good.) Companies are intended to always act in their interests and politicians almost universally (and since time immemorial) act in whatever way they think best helps their reelection because if either entity didn't generally act in this manner, they'd cease to exist and be replaced by an instance that would. The system selects for companies and politicians that act in their interests. Understanding and internalizing this fundamental fact about these entities' nature seems to me key to helping us effect the change we want to see.

tvon 17y ago

Or perhaps, Microsoft and HTC enter into deal to help combat Apple.

billybob 17y ago

My take: Microsoft can't make a mobile OS that doesn't suck, so they want to leech income from those who can, using the power of Extremely Broad Software Patents. I don't see this as a story about new and interesting alliances of enemies. I see it as a story about substituting litigation for innovation.

ajross 17y ago
Actually, Microsoft does make a mobile OS that "doesn't suck", at least in the sense that it's a mobile OS that HTC wants to sell on their own devices. This is just price negotiation inside an existing business relationship, nothing more. It's true that MS used this trick in the 90's in ways that were anticompetitive (Dell paying MS for every computer sold meant that they had no incentive to bundle other operating systems), but that's not the situation here.