Microsoft to declare patent war on iPhone/Android?

Angus Kidman21 January 2010, 2:25 PM

A key Linux developer has predicted Microsoft will use its huge patent portfolio to cripple smartphone competitors and boost its woeful Windows Mobile market share.


Microsoft will increasingly utilise its patent library to try and stifle any competition for netbook OSes and reassert itself in the mobile phone space, a prominent open source developer has argued.

"The next war around devices is going to be netbooks, mobile phones and the appliance market," Jeremy Allison said during a presentation at Linux.conf.au in Wellington. "Microsoft is just waking up to the fact they have to quash this threat to maintain control of the desktop. Once alternative devices become popular, desktops become less important. People will write apps that aren't locked to one platform and it's always been about "developers, developers, developers" at Microsoft."

Allison is one of the lead developers for Samba, the well-regarded open source tool for making Windows servers accessible to Linux systems, which has given him plenty of first-hand experience with Microsoft's competitive tactics. He drew on that experience in his presentation on the relationship between the free software community and the Redmond software giant.

Development of Samba has frequently required careful reverse engineering, since Microsoft historically provided no documentation for its protocols and often extended existing standards to minimise interoperability with non-Microsoft products.

In that area, things have actually improved, especially since a landmark legal case in the European Union in 2004 saw Microsoft ordered to make more interoperability information available. "Microsoft engineers work incredibly well with Samba," Allison said during the presentation. "They go above and beyond the call of what they're required to do. I have no quarrels with Microsoft engineers whatsoever." At the time of Vista's release, Microsoft was even urging the Samba development team to rush out a new release, to stop the flow of support calls saying the new OS had broken existing implementations, Allison said.

While the Samba story has had a happy-ish ending, Allison argues that Microsoft's approach to the free software market remains one of vicious competition using any possible means. "Their business model essentially depends on maintaining a desktop monopoly and extending that into other areas," he said. "They present a friendlier face these days but I don't think that internally the company has changed."

For instance, Microsoft has introduced compatibility plug-ins for the open ODF format in its Office suite, but Allison said it isn't a realistic solution for most businesses. "They've done it badly, and with all the goodwill of a six year old being told to clean up its room."

Having met limited success with attempts to block access to protocols and with developing its own standards, Microsoft's main defensive tactic against open source is to use its patent portfolio, Allison said, describing it as the "nuclear option".

"Patents are still a monstrous threat. All the other strategies have failed to prevent the spread of free software."

That strategy is likely to be particularly prominent in the market for non-PC devices such as netbooks and smart phones, where Windows doesn't enjoy the same strength of market share. While co-marketing schemes have seen former Linux supporters such as Asus largely shift to Windows, maintaining overall share and eliminating new competitors is critical to Microsoft's survival, Allison said.


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petert (Senior member):

So yet again MS will use its "muscle" to try to force the world to use its second-rate products. MS would be better to get it researchers busy on developing an OS that competes with the iPhone OS and which then gives users a reason to want to use it products.

21 January 2010, 2:34 PM (2 months ago)report abuse Send to a friend reply

Tin (Senior Forumologist):

Quoting petert:
MS would be better to get it researchers busy on developing an OS that competes with the iPhone OS


What? And crippple WinMob further than it is now by forcing developers to publish their apps via a restricted store?

Seriously though, I agree. Life would be nicer for all if they just tried to compete through quality instead of smacking around those who get more interest than them... Yes, the iPhone sold well. Now it's up to MS, Nokia, etc to try and beat Apple by producing the next top product.

21 January 2010, 9:59 PM (1 month ago)report abuse Send to a friend reply

glyj (New user):

This show again that software patents are a very bad thing.....

22 January 2010, 10:41 PM (1 month ago)report abuse Send to a friend reply

glyj (New user):

This show again that software patents are a very bad thing.

22 January 2010, 10:41 PM (1 month ago)report abuse Send to a friend reply

todd_h86 (Cornerstone member):

If Microsoft were to do this, wouldn't they have done it already? Maybe by squashing Android before it even became to be so that people wouldnt be able to use it? This linux developer seems to be just Microsoft bashing to get his quota up before the end of the month.

21 January 2010, 2:42 PM (2 months ago)report abuse Send to a friend reply

Dan Warne (Administrator):

Well, look how long it took Nokia to take its bat and ball and sue Apple over iPhone patent infringements. Often patent warfare is a sign of desperation -- and Microsoft must be starting to feel fairly desperate about its piddling Windows Mobile market share...

21 January 2010, 3:12 PM (2 months ago)report abuse Send to a friend reply

petert (Senior member):

Quoting Dan Warne:
Often patent warfare is a sign of desperation


I agree with you Dan. MS market share for mobile products is a mere twilight of its supposed former "glory" and there is only one reason for this . . . MS has not released a decent product capable of competing with other mobile OSes. In many areas where MS formerly had a monopoly, it is being beaten and well beaten! MS must be incredibly scared that users might finally realise, through their use of other products, that its own products are not the best. If users continue to use products such as Andriod and iPhone OS, it is likely that they will come to realise that they are not required to pay the MS-tax on their desktops and mobiles . . . at which point MS will fade into obliteration.

Ms is launching the action against Apple and its iPhone because MS is scared. . . . VERY scared . . . and so it should be!

21 January 2010, 3:23 PM (2 months ago)report abuse Send to a friend reply

Tin (Senior Forumologist):

Quoting todd_h86:
This linux developer seems to be just Microsoft bashing to get his quota up before the end of the month.


1. He's a Samba dev, not a Linux dev. Samba runs on heaps more than Linux (including MacOSX, Solaris, and a few OSes you probably haven't heard of).
2. He said MS devs were quite good to work.
3. If he felt any need to bash MS, I'm sure the Samba mailing lists would be his first port of call... Feel free top search the archives for his posts...


Edit: It is probably also worth noting that Microsoft HAVE done this patent stuff before... It was less than 12 months ago they threatened TomTom over FAT filesystem patents.
And a while back they went all out against payware Linux distros over alleged copyright infringement, and requested protection money from companies. They never did produce the copyright code fragments they claimed were theirs...

21 January 2010, 10:24 PM (1 month ago)report abuse Send to a friend reply

Dan (New user):

Gee you guys are quick to believe everything you read....

The crux of this article is that a Samba developer (read non-Microsoft worker/supporter) is 'predicting' something...

I would have thought that if MS were to utilise its patent library it would have done so already...

Not everthing you read can be taken literally!

21 January 2010, 5:34 PM (2 months ago)report abuse Send to a friend reply

Ausman (Regular user):

Often (and sadly) there is more money to be made and disruption to a competitor by delaying legal action. If MS pounced immediately there would be minimal damages to be paid, products could be redesigned then sold again. MS this way could get a cut for any products sold which infringe any patents (of course it assumes there may be some infringements of which of course there may be none! SCO anyone?!)

22 January 2010, 4:15 AM (1 month ago)report abuse Send to a friend reply

zelrik (New user):

IBM still owns more patents than Microsoft, Google still has a weak portfolio but I am sure they have a few patents on the way too. Actually, I am sure the whole mobile industry have good patent portfolios too. A patent war is certainly not what Microsoft want right now because they'll lose for sure. They might have a big portfolios, but their countless competitors have one too... (remember i4i ?).

22 January 2010, 8:59 AM (1 month ago)report abuse Send to a friend reply

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