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Showing posts with label Marked. Show all posts
Showing posts with label Marked. Show all posts

Monday, July 11, 2011

Microsoft Baidu Deal, Android Royalties Marked Week - eWeek

Microsoft continued its Android march this week, with a report that the company plans on demanding $15 from Samsung for each Android smartphone produced by the manufacturer.

That information apparently came from unnamed industry officials speaking to the Seoul-based Maeil Business Newspaper, and found its way into a July 6 Reuters report. Were Samsung to enter some sort of royalties deal, it would become the latest in an increasingly long string of companies paying Microsoft an "Android tax." Microsoft insists that Google's Android platform violates a variety of patents it holds.

So far, most of those companies have been small: Wistron Corp., Onkyo Corp., Velocity Micro and General Dynamics Itronix have all agreed within the past 10 days to a royalty agreement. However, both Amazon and HTC pay Microsoft, suggesting that some big enterprises are also in Microsoft's sights.

And some companies have fought back. Motorola retaliated to a Microsoft patent-infringement suit with an intellectual-property complaint of its own. And Barnes & Noble, whose Nook e-reader uses Android, filed a countersuit against Microsoft after the latter sued it for patent infringement.

"Microsoft is misusing these patents as part of a scheme to try to eliminate or marginalize the competition to its own Windows Phone 7 mobile-device operating system posed by the open-source Android operating system and other open-source operating systems," read the bookseller's counterclaim, filed April 25 with the U.S. District Court for the Western District of Washington at Seattle. "Microsoft's conduct directly harms both competition for and consumers of eReaders, smartphones, tablet computers and other mobile electronic devices, and renders Microsoft's patents unenforceable."

Even as Microsoft pushes for Android royalties, there are indications that its own smartphone market share is in serious trouble. For the three-month period between the end of February and the end of May, research firm comScore estimated Microsoft's U.S. share dipping from 7.7 percent to 5.8 percent. That comes despite the marketing push behind the Windows Phone platform.

During the same period, adoption of Android rose from 33 percent to 38.1 percent, while Apple enjoyed a slight uptick from 25.2 percent to 26.6 percent. Research In Motion continued its market slide, declining from 28.9 percent to 24.7 percent.

The top mobile OEMs, in descending order of market share, included Samsung, LG Electronics, Motorola, Apple and RIM.

Microsoft can only hope that its upcoming Windows Phone "Mango" update will increase the platform's appeal to consumers and businesspeople. As Microsoft executives demonstrated for a small group of media and analysts during a May press event in New York City, Mango's new features include a redesigned Xbox Live Hub, home-screen tiles capable of displaying up-to-the-minute information, the ability to consolidate friends and colleagues into groups, and visual voicemail?more than 500 new elements in all, if Microsoft is to be believed.

Mango is due for release sometime this fall. Samsung, HTC, LG Electronics and Nokia have all committed to building new Windows Phone devices preloaded with Mango. Meanwhile, Acer, Fujitsu and ZTE have apparently agreed to produce Windows Phone units for the first time.

Microsoft's issues with Google also extended to the search realm, with news that Redmond is pairing with China's largest Internet search provider, Baidu, to provide users with search results for English-language queries.

Although Google continues to dominate the worldwide market for Web search, the company's run-ins with the Chinese government over issues like censorship are well known. Following a hack of Google servers in early 2010 that exposed Gmail accounts of human-rights activists, Google ceased censoring search results in the country and redirected users to the Google.hk domain in Hong Kong. In March, the company accused the Chinese government of disrupting Gmail service.

A spokesperson for Shanghai MSN Network Communications Technology, also known as MSN China, told the Wall Street Journal July 4 that the results would be labeled as coming from Bing. The deal holds substantial benefits for both companies: Baidu is looking to expand its user base, while Microsoft has made no secret of its desire for inroads into the Chinese market.

The question is whether the Chinese government will demand Microsoft censor those English-language results. "Microsoft respects and follows laws and regulations in every county where we run business," a Microsoft spokesperson told The New York Times July 4. "We operate in China in a manner that both respects local authority and culture and makes it clear that we have differences of opinion with official content-management policies." 

Follow Nicholas Kolakowski on Twitter





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Wednesday, October 6, 2010

Windows Phone 7 Rumors, Android Lawsuit, Reorg Marked Microsoft Week - eWeek

Microsoft?s busy week centered on mobile?not only its upcoming Windows Phone 7, but also legal action related to one of its biggest rivals: On Oct. 1, the company announced it had filed a patent-infringement lawsuit against Motorola over the latter?s Google Android smartphones.

?The patents at issue relate to a range of functionality embodied in Motorola?s Android smartphone devices that are essential to the smartphone user experience,? Horacio Gutierrez, Microsoft?s corporate vice president and deputy general counsel of Intellectual Property and Licensing, wrote in an Oct. 1 statement, ?including synchronizing email, calendars and contacts, scheduling meetings, and notifying applications of changes in signal strength and battery power.?

The lawsuit suggests that Microsoft is becoming more aggressive about its patents with manufacturers of Android phones. In April, HTC acknowledged it would pay royalties to Microsoft in exchange for the use of ?patented technology? in its Android-powered devices.

When news of the HTC agreement first went public, a Microsoft spokesperson wrote in an e-mail to eWEEK that ?Microsoft?s policy is one of mutual respect for IP and we are committed to licensing our IP on reasonable terms.? Phone manufacturers such as HTC, they added, ?are sophisticated businesses that have a track record of licensing patents to secure the necessary IP rights for their products.?

For Microsoft, such intellectual-property battles offer two potential benefits. First and foremost, it earns royalties from a rapidly expanding Android market. Second, it could theoretically slow manufacturers? rate of producing Android-powered devices, an important strategy when you consider that Microsoft?s own Windows Phone 7 is due to hit the market in October. 

And Microsoft is gearing up to push those Windows Phone 7 devices in a major way. On Oct. 1, the company announced that Andy Lees would remain in the top spot of the company?s Mobile Communications Business, while Don Mattrick would remain head of its Interactive Entertainment Business?formalizing the men?s roles originally established back in May. Both Microsoft?s mobile and interactive-entertainment businesses were previously grouped under the umbrella of the Entertainment & Devices Division; and the assumption is that, by separating them into two autonomous subdivisions, the two product lines can receive more focused energy and attention.

Given how Windows Phone 7 and Xbox Kinect are central to the company?s overall consumer strategy, that move seems logical. (Microsoft also announced Kurt DelBene as president of the Microsoft Office Division.) Microsoft is betting that the smartphone?s unique user interface?it aggregates Web content and apps into a series of subject-specific ?Hubs,? such as ?Office? or ?Games,? instead of the iPhone?s or Android?s grid-like pages of individual apps?will allow it to regain market-share traction against those competitors.

Microsoft?s previous misfires in the mobile arena have come back to haunt the company?s executives in more ways than one. According to the company?s 2010 Proxy Statement, the demise of its Kin phone earlier this year?on top of that eroding smartphone market-share?prevented Microsoft CEO Steve Ballmer from receiving his full potential compensation for the year.    

Ballmer?s compensation for fiscal 2010 could have potentially been $2.01 million, with a ?potential Incentive Plan award of up to 200 percent of his base salary for the fiscal year.? But the total award eventually came to 100 percent of his base salary, or $670,000, after the Board weighed the company?s recent successes?the Windows 7 launch, progress in cloud initiatives such as Azure and Office Web Apps?against a handful of fiascos: ?The unsuccessful launch of the Kin phone; loss of market share in the company?s mobile phone business; and the need for the Company to pursue innovations to take advantage of new form factors.? 

The proxy document also called Robbie Bach, the retiring president of Microsoft?s Entertainment & Devices Division, to task for the company?s underperforming mobile initiatives: ?The strong financial performance [of Bach?s division] was offset by disappointing performance in the Windows Mobile portion of the business, where the company lost share and continued to have operating losses yet made strategic progress toward the fall 2010 launch of the Windows Phone 7.?

The working theory is that Windows Phone 7 will launch sometime in mid-October. Microsoft is hosting its annual Open House in New York City Oct. 11, as well as a party that could double as a smartphone launch event. At least one analyst has estimated Windows Phone 7?s rollout-related marketing costs at roughly $400 million?before you factor in expenses related to platform development.

The first Windows Phone 7 smartphones will reportedly launch through AT&T in early November, with three devices manufactured by HTC, Samsung and LG Electronics. Samsung officially announced Sept. 30 that it was producing Windows Phone 7 devices, but declined to specify an exact number or release schedule.

Even as Microsoft prepares to face off against Google and Apple, though, those rivals?along with a handful of other tech giants?decided this week to help Redmond in its long-running patent-infringement battle against Canadian firm i4i. In nine ?friend of the court? briefs filed with the U.S. Supreme Court, those companies?along with entities such as the Electronic Frontier Foundation and SIFMA (Securities Industry and Financial Markets Association)?have joined in arguing that the standard for invalidating patents should be lowered.

Under the current terms of the U.S. Patent Act, the burden of ?establishing the invalidity of a patent? rests with ?the party [that is] asserting such invalidity.? In addition, the party must provide ?clear and convincing? evidence about that invalidity. Microsoft hopes that, if the court lowers that standard, it will give the company a legal advantage against i4i, which has won several lower-court rulings.

Those rulings found that Microsoft Word 2003 and 2007 violate i4i?s patents for custom X M L. An in-depth breakdown of i4i?s patent by eWEEK can be found here. In April, a federal appeals court rejected Microsoft?s request for a multiple-judge review of the lawsuit, which resulted in a nearly $300 million judgment.

Microsoft?s latest petition is Microsoft Corp. v. I4I Limited Partnership, 10-290, U.S. Supreme Court (Washington).


Perfect marketing
Microsoft couldn't buy this amount of media coverage for Windows Phone 7. The only reason Microsoft Windows is so widely used is fabulous marketing...Windows 7.... yawn
Microsoft has already lost the smartphone race. The only factor that guides their development is DRM and that has been a complete disaster. Now they...Posted At: 10-03-10
By: Smart UserWindow
with any thing is a bunch of junk I constantly have problems on my piece of junk Dell only 6 months old never have problem with my droid phone or my...Posted At: 10-03-10
By: Sal ScarsoA user comment on this article
I hate all of the litigation cr@p but I'm fairly excited to see what the W7 phone could do. http://TechReview.LIEconomy.comPosted At: 10-03-10
By: DexterLegal terrorism
This guy has it right, follow the link: http://planet.gnu.org/gnutelephony/?p=10Posted At: 10-03-10
By: Anonymous


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