Why Microsoft is suing Motorola over Android and why it’s good news for Apple

58 Comments

Apple Online Store“Right now there are so many lawsuits flying over the Android mobile operating system – involving Apple, HTC, Motorola, Oracle, Google and Microsoft – that you’d think Google had cobbled it together out of code stolen from every major technology company on the planet,” Christopher Mims reports for Technology Review. “The latest is particularly bold – Microsoft is suing Motorola over a portfolio of 9 patents that, it says, Motorola is infringing by using Android on its popular Droid handsets.”

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“According to intellectual property lawyer Spyros Lazaris, who has handled litigation on technology IP for Samsung, Deutsche Bank and others, the situation is probably a lot simpler,” Mims reports. “In his opinion, the spat is likely to be the end result of ongoing, and now failed, licensing negotiations between Microsoft and Motorola – the sort of thing he’s seen a lot of in his time as a litigator.”

“The bad news for Motorola is that Microsoft’s choice of venue indicates that the company is ready to play hardball: one of Microsoft’s suits was filed in district court in Washington, but the second was filed with the International Trade Commission,” Mims reports. “‘The ITC tends to move very quickly – so fees get high very fast,’ says Lazaris. ‘They really have forced the issue in this instance.'”

Mims reports, “Microsoft’s ultimate goal probably isn’t to keep Motorola from using Android at all, but merely to add a cost component to Android, which is currently free for handset makers to use, whereas Microsoft’s Windows alternative carries a licensing fee.”

Read more in the full article – recommended – here.

MacDailyNews Take: By SteveJack Microsoft’s goal is to level the playing field vs. Google’s Android and make handset makers consider Windows Phone ’07. After all, if Android is no longer “free,” and costs the same or more than Microsoft’s fake iPhone, then why not use the one that’ll be regarded as most compatible with Windows PCs and, believe it or not, offers a more coherent UI than Android’s assembled-by-a-committee-of-patent-infringers UI?

I’ve used Google’s Android. To me, it infringes on Apple’s IP all over the place. I think the courts will agree (eventually). It seems likely that it infringes on Microsoft patents, too, as HTC has already agreed to a patent deal with Microsoft. (See: Microsoft: Google’s Android infringes on our patented IP; signs new patent deal with HTC – April 28, 2010)

HTC now pays Microsoft for every Android handset they inflict on consumers. If Microsoft can market Windows Phone ’07 well enough (big “if”) to create an equal or better impression of WP07 in the minds of consumers, why wouldn’t HTC use Microsoft’s OS instead? After all, they’re already paying Microsoft indirectly for Android, they might as well pay them directly and then they can influence elements of WP07 development. Extrapolate this to all current Android handset and, eventually, tablet makers.

The end result: Microsoft eats into Android’s share and further fragments the smartphone and, eventually, tablet markets, creating more confusion for consumers who’ll flee (with developers nipping at their heels) even faster to the one known quantity who offers trusted quality, the best app store experience with the best and most apps, complete compatibility with not only their old Windows PC, but also with their new MacBook and, of course, with their iTunes music, movies, TV shows, podcasts, etc.: Apple iOS devices.

You end up with a mobile OS market that looks very roughly something like this: Apple 60%, Google 15%, Microsoft 15%, and the remaining 10% divvied up between whoever survives the bloodbath to occupy the “others” category.

In other words, gulp, “Go, Microsoft, go!”

SteveJack is a long-time Macintosh user, web designer, multimedia producer and a regular contributor to the MacDailyNews Opinion section.

Related articles:
Microsoft CEO Ballmer insists on patent payments for every Android device sold – October 04, 2010
Apple wins major patent covering original iPhone and iPad – September 21, 2010
Apple expands patent infringement lawsuit against HTC – June 23, 2010
Apple’s patent infringement lawsuit: The elephant in HTC’s new headquarters – April 02, 2010
ITC votes to investigate Apple’s patent complaint against HTC; consider barring HTC imports to U.S. – March 31, 2010
Microsoft general counsel: Apple’s patent infringement lawsuit against HTC ‘a positive development’ – March 15, 2010
Apple patent infringement lawsuit applies pressure to HTC – March 03, 2010
Apple puts the entire industry on notice by suing HTC for patent infringement – March 03, 2010
Apple looks for expedited proceedings in patent infringement case against HTC – March 03, 2010
Patent lawyer: Apple’s going after HTC first, Motorola’s next, but Google’s the real target – March 03, 2010
The specific Apple patents over which Apple is suing HTC – March 02, 2010
Boom! Apple sues HTC for infringing on 20 iPhone patents – March 02, 2010

58 Comments

  9. Maybe now we can get a REAL version of Microsoft Office for Mac (and even iOS) where you don’t look like an idiot when you give your dissertation as a ppt presentation prepared on a Mac on a Windows PC to a panel of PhD professors and your important graphics are instead replaced by the lovely “Quicktime graphics compressor needed to see this image”, and even when you put Quicktime on the Windows PC it still doesn’t matter. Microsoft and Apple and Google need to make their stuff intercompatible, or else……I will kill them all.

    Reply

  10. Maybe now we can get a REAL version of Microsoft Office for Mac (and even iOS) where you don’t look like an idiot when you give your dissertation as a ppt presentation prepared on a Mac on a Windows PC to a panel of PhD professors and your important graphics are instead replaced by the lovely “Quicktime graphics compressor needed to see this image”, and even when you put Quicktime on the Windows PC it still doesn’t matter. Microsoft and Apple and Google need to make their stuff intercompatible, or else……I will kill them all.

    Reply

  11. But we don’t know how much protection money HTC is paying ms. It may not be all that much because ms was very eager to establish precedent that their IP was in Android and handset makers pay for it. Ballmer is already using that argument in statements about the Motorola suit. The license terms were secret, and depending on how well HTC can keep a secret, the other players have to litigate or negotiate in the dark.

    Reply

  12. But we don’t know how much protection money HTC is paying ms. It may not be all that much because ms was very eager to establish precedent that their IP was in Android and handset makers pay for it. Ballmer is already using that argument in statements about the Motorola suit. The license terms were secret, and depending on how well HTC can keep a secret, the other players have to litigate or negotiate in the dark.

    Reply

  17. Microsoft when to HTC for LIcensing Fees for Android because HTC is the biggest Windows Mobile Phone maker. HTC not wanting to limit themselves to just Android wisely choose to pay Microsoft for Android. HTC choose to play Microsoft’s Game and pay to play. Motorola on the other hand really can’t afford to pay Microsoft for Android. Motorola is also of the opinion that it is not their place to pay Microsoft off. Google really should be paying off Microsoft and not the Phone makers as Google created Android therefore it is Google’s responsibility to deal with Microsoft. Expect Motorola to make that argument when asking for a dismissal of the case.

    Reply

  18. Microsoft when to HTC for LIcensing Fees for Android because HTC is the biggest Windows Mobile Phone maker. HTC not wanting to limit themselves to just Android wisely choose to pay Microsoft for Android. HTC choose to play Microsoft’s Game and pay to play. Motorola on the other hand really can’t afford to pay Microsoft for Android. Motorola is also of the opinion that it is not their place to pay Microsoft off. Google really should be paying off Microsoft and not the Phone makers as Google created Android therefore it is Google’s responsibility to deal with Microsoft. Expect Motorola to make that argument when asking for a dismissal of the case.

    Reply

  21. @J Bone
    Never seen that ppt problem before. Never the less, a few things:
    1. ALWAYS practice a presentation with the equipment that you plan to use.
    2. ALLWAYS have a copy of your files on a memory stick in case your computer fails and you need to borrow a different one.
    3. Use Keynote instead of that POS PowerPoint, and really Wow your professors next time.

    Reply

  22. @J Bone
    Never seen that ppt problem before. Never the less, a few things:
    1. ALWAYS practice a presentation with the equipment that you plan to use.
    2. ALLWAYS have a copy of your files on a memory stick in case your computer fails and you need to borrow a different one.
    3. Use Keynote instead of that POS PowerPoint, and really Wow your professors next time.

    Reply

  23. JBone:

    …”Whoever thinks fragmentation is a good idea for anyone is an idiot. (…) In the end it will piss everyone off and people will look for a less annoying technology”

    And that less annoying technology will be iOS. That is precisely the point; fragment the REST of the market; not the entire market.

    Reply

  24. JBone:

    …”Whoever thinks fragmentation is a good idea for anyone is an idiot. (…) In the end it will piss everyone off and people will look for a less annoying technology”

    And that less annoying technology will be iOS. That is precisely the point; fragment the REST of the market; not the entire market.

    Reply

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