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Webdevguy
02-08-2014, 12:38 PM
I'd have to say good luck to Microsoft on getting any patent royalties out of Samsung. (http://www.computerworld.co.nz/article/551510/microsoft_sues_samsung_says_it_stopped_paying_pate nts/) Samsung is just doing what it does best.

I'm in favour of MS taking Samsung to court over failure to hold up their end of a licensing agreement.

kahawai chaser
03-08-2014, 11:20 AM
Probably don't want (or not fully realize) their technology in Nokia phones at the time. The ones that file lawsuits (like Apple) are the ones that use (or possibly need) Samsung's technology.

Webdevguy
03-08-2014, 11:31 AM
Probably don't want (or not fully realize) their technology in Nokia phones at the time. The ones that file lawsuits (like Apple) are the ones that use (or possibly need) Samsung's technology.

Did you actually read the article?

kahawai chaser
03-08-2014, 11:45 AM
Yes.... Sure Did. Always Do. Why?. Do you read the other links? I did....

I was referring to "But after Microsoft's Nokia acquisition was announced, Samsung decided to stop complying, Microsoft said Friday"

wainuitech
03-08-2014, 11:49 AM
Basically Samsung have decide to change their minds so to speak, and Microsoft are only doing what they are entitled to do
"Samsung breached the license agreement last fall by refusing to make its Fiscal Year 2 royalty payment on time and then refusing to pay interest on its late payment, and is threatening to breach the License Agreement again with respect to its ongoing royalty payment obligations,"

A contract was created, then after the fact, things changed
So what changed? Since Samsung entered into the agreement, its smartphone sales have quadrupled and it is now the leading worldwide player in the smartphone market. Consider this: when Samsung entered into the agreement in 2011, it shipped 82 million Android smartphones. Just three years later, it shipped 314 million Android smartphones..
After becoming the leading player in the worldwide smartphone market, Samsung decided late last year to stop complying with its agreement with Microsoft. In September 2013, after Microsoft announced it was acquiring the Nokia Devices and Services business, Samsung began using the acquisition as an excuse to breach its contract.

If there were no previsions to allow for change, then the original wording of the contract should stand. Guess the lawyers will be rubbing their hands again ;)

Webdevguy
03-08-2014, 12:06 PM
Basically Samsung have decide to change their minds so to speak, and Microsoft are only doing what they are entitled to do

A contract was created, then after the fact, things changed.

If there were no previsions to allow for change, then the original wording of the contract should stand. Guess the lawyers will be rubbing their hands again ;)

As they always do ;)

I'm cheering for Microsoft in this one.

kahawai chaser
03-08-2014, 12:16 PM
Samsung beat the others for shipments combined as seen in the IDC report. Outgunned the lot.

But in the patent (http://goo.gl/z5I5cL) (pdf). How can Microsoft patent the free android system that MS never created? MS seem like patent scavengers. Massive portfolio. Interpretation of ownership of android could be contested.

I think too they discontinued a upcoming Nokia phone. MS buy, can't really sell their mobiles. I wonder then if they were relying heavily on Samsung's payments for their mobile department.

paulw
03-08-2014, 01:28 PM
Wonder haw many of the MS patents are the ones that they bought of the Nortel bankruptcy sale??

Webdevguy
03-08-2014, 01:45 PM
Wonder haw many of the MS patents are the ones that they bought of the Nortel bankruptcy sale??
I would imagine it would be most of them.

wainuitech
03-08-2014, 01:56 PM
But in the patent (http://goo.gl/z5I5cL) (pdf). How can Microsoft patent the free android system that MS never created?
. Microsoft aren't saying they have patent rights over Android, its the MS patents that are being used.

In that linked pdf, items 1 & 9, it states, what its about, AND Samsung signed a contract agreeing, now that are trying to weasel out of it.

The wording that's important is "In Exchange for a Licence to use Microsoft Patents in Samsung's Androids Based smart phones and Tablets". This is completely different to saying patents on a free android system it self.

If the whole thing if read, Part of item 25 & 30 & 44 is a rather Hmmmmm

KarameaDave
03-08-2014, 02:39 PM
I'm cheering for no-one, the whole system is crock of ****.
U.S. patent law is crazy.
Samsung, M$, crApple, Horrorcle...etc etc... blah blah.
They all suck a big one too. :p

wainuitech
03-08-2014, 02:49 PM
I'm cheering for no-one, the whole system is crock of ****.
U.S. patent law is crazy.
Samsung, M$, crApple, Horrorcle...etc etc... blah blah.
They all suck a big one too. :p Almost gives the impression of everyone files law suits against everyone else -- then at knock off time --- See ya down the pub later tonight for drinks, we'll carry this on tomorrow ;)

Webdevguy
03-08-2014, 02:52 PM
I'm cheering for no-one, the whole system is crock of ****.
U.S. patent law is crazy.
Samsung, M$, crApple, Horrorcle...etc etc... blah blah.
They all suck a big one too. :p

The shittiest part of the patent system seems to be that you can't protect your Intellectual Property from being ripped off by imitators, regardless of who you are. I think its great that a system was created that allowed the inventor or creator of some method, process or widget to protect that invention against malicious infringement, but the ability to be able to protect your IP seems to have been flushed down the toilet.

And for the record, the fact that I choose to protect my patent or invention by legally licensing out its use or choosing not to, doesn't stop the innovation process, in theory it should only stop the act of copyright infringement or patent violation.

kahawai chaser
03-08-2014, 03:32 PM
Microsoft aren't saying they have patent rights over Android, its the MS patents that are being used.

In that linked pdf, items 1 & 9, it states, what its about, AND Samsung signed a contract agreeing, now that are trying to weasel out of it.

The wording that's important is "In Exchange for a Licence to use Microsoft Patents in Samsung's Androids Based smart phones and Tablets". This is completely different to saying patents on a free android system it self.

If the whole thing if read, Part of item 25 & 30 & 44 is a rather Hmmmmm

OK True. Though point 7 (relates to point 25) MS has elected to exclude their legal rights to all android devices from practicing their technology. This relates to earlier patents from the mid 90's - primary to do with using operating systems, electronic capture techniques, selection techniques, etc. Noted here (http://pocketnow.com/android/what-patents-does-microsoft-say-android-infringes-bn-tells-us) which Barnes and Noble are fighting MS for patent use. Seems all android device manufacturer's are paying a fee, making devices dearer.

Yes Samsung did agree for that contract, hinges it seems on the Nokia purchase, which perhaps they should have purchased?

kahawai chaser
03-08-2014, 03:42 PM
The shittiest part of the patent system seems to be that you can't protect your Intellectual Property from being ripped off by imitators, regardless of who you are. I think its great that a system was created that allowed the inventor or creator of some method, process or widget to protect that invention against malicious infringement, but the ability to be able to protect your IP seems to have been flushed down the toilet.

And for the record, the fact that I choose to protect my patent or invention by legally licensing out its use or choosing not to, doesn't stop the innovation process, in theory it should only stop the act of copyright infringement or patent violation.

True. Copycats are abound. Though patent battles may be selective. Why are not Apple taking on Xiaomo? (http://www.businessinsider.com.au/xiaomi-copying-apple-2014-7) Or car manufacturer's against each other for many cars are similar. But the larger the company (e.g. global, like MS) the more patents they create or buy, making it difficult and costly for others to innovate in a short time frame for consumer benefit.

wainuitech
03-08-2014, 03:44 PM
Yes Samsung did agree for that contract, hinges it seems on the Nokia purchase, which perhaps they should have purchased? Read point 44 in the PDF, ( in amongst the blacked out words)

Webdevguy
03-08-2014, 03:58 PM
True. Copycats are abound. Though patent battles may be selective. Why are not Apple taking on Xiaomo? (http://www.businessinsider.com.au/xiaomi-copying-apple-2014-7) Or car manufacturer's against each other for many cars are similar. But the larger the company (e.g. global, like MS) the more patents they create or buy, making it difficult and costly for others to innovate in a short time frame for consumer benefit.

The innovation process will always be and has always been a fairly long and costly idea development process, no matter who you are. That's why it is generally cheaper to find some way to reverse engineer the original idea or just copy it, re produce it and get it to market as fast as you can and undercut your competition and make as much money from it as you can then settle what ever lawsuit they hit you up with and then move on to the next idea.

In terms of Samsung's agreement with MS over licensing patents, I'm all for changing your mind and legally breaking out of the agreement ( which normally comes at a cost) but to just change your mind and not tell any one and decide that you are going to keep using the patent but that you don't feel that you need to keep paying for it - That is violating the agreement.