THIS site was born out of need to defend GNU/Linux from Microsoft extortion. Here we are just over half a decade later and Microsoft's extortion affects many Android devices, not just SUSE.
CLOSED SOURCE SOFTWARE HOUSE Microsoft looks set to lose its attempt to get Barnes and Noble's Nook tablet banned.
Microsoft had gone to the US International Trade Commission (ITC) in a bid to halt the import of Barnes and Noble's Nook tablet and ebook reader, claiming the device infringes three of its patents. Unlike most firms, Barnes and Noble decided to fight Microsoft instead of paying up, a decision that now looks likely to pay off.
Now let’s ignore for the moment the obvious wrongness wrt Android copying iOS etc and instead focus on the claim that 2.25% is not FRANDish enough according to the self-acclaimed expert in thsi field, Mr. Florian Mueller.
This same Mr. Mueller is working on a “research project” to find out how FRAND is the best way for the IT world etc. Hint: that research is payed by Microsoft ;-)
With Google's acquisition of Motorola Mobility there have been a number of competitors claiming Google (Motorola) is acting unfairly in its licensing of patents related to the H.264 and 3G/UMTS standards.
Among the complaining parties are Microsoft and Apple, both of which claim that the Motorola Mobility approach to FRAND (fair reasonable and non-discriminatory) licensing under the respective standards is anything but fair and reasonable. The fight is over the fact that Motorola Mobility (and now Google) is asking a 2.25% royalty for a single patent in each of these instances.
While it is the epitome of chutzpah for Apple and Microsoft to complain about the patent licensing behavior of any other company, that does little to clarify the issues involved in patent licensing related to standards. This article will walk through those issues so we can all have a better understanding of such licensing and why different companies perceive the terms "fair and reasonable" from very different perspectives, depending on whose ox is being gored.
The big news being reported by Bloomberg is that Jeff Hsu, a staff attorney at the ITC, said in an interview he will be recommending that ITC Judge Theodore Essex find Barnes & Noble has not infringed three Microsoft patents. Essex rules in April on that.
If I were a FUDster, I'd write that this means Barnes & Noble has prevailed, but I just tell you the truth, which is that this is one step in a longer process. It is, undeniably, however, fabulously good news for Barnes & Noble.
Really, really bad stuff from #Microsoft's "Android Licensing Progam": is.gd/b1rIIy #swpats #barnesandnoble (2nd highlighted para)
Barnes & Noble Files Petition for Review Re Patent Misuse Defense ~pj - Updated
[... But the most explosive section is where Barnes & Noble describes what Microsoft said to them when they approached Barnes & Noble with a demand that they pay for a patent license:“And what they basically told us was, it doesn’t matter if you have defenses, whether you don’t infringe, whether our patents are invalid, you’re going to need to take a license, because there’s no way that you can get out of our grasp, that we have so many patents that we could overwhelm you.”The document says that Microsoft demands that all OEMs take a license from them and pay for all Android phones whether or not they actually infringe.