--Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft
FOR anyone who doubts Microsoft's behavioural "reform" that they keep raving about, the latest lawsuit comes at a convenient time to show us what "most ethical" must mean (yes, that's satire). Brian Proffitt is one among many who respond to Microsoft's latest assault on Android and Linux:
Microsoft's attempts to bring down Android via litigation rather than innovation continued apace today, as the software giant filed another patent lawsuit against an Android client, this time top US bookstore chain Barnes & Noble, which sells the Nook e-reader. Meanwhile, Linux founder Linus Torvalds has his own comments on the separate issue of Android potentially violating the Linux kernel's copyright, an issue raised last week.
According to Microsoft today, the Nook, which uses Android as its base operating system, violates five Microsoft-held patents on such innovative inventions like "Loading status in a hypermedia browser having a limited available display area" (Patent #6,339,780).
This lawsuit follows another similar lawsuit brought against device maker Motorola in October 2010, a case that is still in the early stages. Microsoft has also stated in public interviews that it has signed a patent licensing agreement with HTC, and will tell anyone who will listen that Android is not a free operating system, because it is obligated to Microsoft for patent fees.
The lawsuits against Motorola and Barnes & Noble are a clear message to anyone who thinks otherwise: pay up or get sued.
Today's lawsuit also names hardware manufacturers Foxconn and Inventec as patent infringers.
There is no reason to think that Microsoft is doing anything other than trying to scare hardware distributors and manufacturers into either (a) paying Microsoft's lawyers to make them go away or (b) avoiding Android altogether. The latter is more preferable to Microsoft, and as alternative operating systems for mobile devices continue to narrow (Nokia's new partnership with Microsoft will take Symbian out of the mix eventually), manufacturers may feel that using Windows Phone as a platform may be the least painful route.
I remind readers of my comments from earlier this year:…if Microsoft cannot make the products people want to buy, it’s quite happy to cream a little off the top of those that do.Again I find myself making the observation that Microsoft’s future appears rather more in the courtroom than actual products on shelves. A rather sad state of affairs? Is Microsoft the dog that sits under the table in the hope that someone will take pity and throw it a scrap of food? I’ll let you decide.
Microsoft steps out from behind the proxies and files its own patent lawsuit against Android, suing Barnes and Noble because it sells Nooks, which run on Android. GeekWire has the patents listed, if you are free to look at them, and the complaint [PDF]. (I have a local copy also, so we don't melt anyone's servers.)
Why not sue Google? Who knows? Well, this *is* Microsoft. It's jungle ethics. Don't go after the strongest in the field. Besides, they seem to be trying to make a point: what they seem to want is for folks to quit using Android in their products by scaring them with litigation. You could be next, is the message, so pay up. Microsoft says "we have established an industry-wide patent licensing program for Android device manufacturers." Just like SCO. SCOsource II, you might say.
They want to make Linux cost, so they can compete. Just like SCO. So line up and bow down to Microsoft, y'all. Hardy har. Time for prior art, methinks.
SCO failed utterly, and I suppose one might see this as Microsoft deciding if you want a job done right, you need to do it yourself. I see Rob Enderle, SCO's buddy, is already making hay for Microsoft, calling it the "hidden cost of Android" and I assume that is the point Microsoft would like you to get from this lawsuit, in case you can't figure it out for yourself. And I suspect the Florian Mueller FUD was getting the world primed for this event, to try to portray Android and Google as somehow disrespectful of "IP rights". Just like SCO.
A lawsuit filed last week in Texas by a group named Imperium Holdings claims that Apple along with Kyocera, LG, Motorola Mobility, Nokia, Research in Motion (RIM), and Sony-Ericsson are infringing on five patents related to the cameras and imaging equipment found in phones and other mobile devices.
Comments
girts
2011-03-22 10:14:26
Dr. Roy Schestowitz
2011-03-22 12:00:08
NotZed
2011-03-23 13:40:28
girts
2011-03-22 10:19:57