Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Ballmer talks Windows Phone 7 prospects, Android's 'patent fee'

By | October 3, 2010, 6:26pm PDT

Summary: Microsoft CEO Steve Ballmer in a Wall Street Journal interview hopes Windows Phone 7 will hopefully capture the imagination of users. Ballmer also said “it’s not like Android is free.”

Microsoft CEO Steve Ballmer has kicked off a weeklong countdown to the launch of Windows Phone 7, noting that the mobile operating system and its tiles will hopefully capture the imagination of users. Ballmer also said “it’s not like Android is free.”

In a Wall Street Journal interview, Ballmer talked about units—without quantification—Microsoft’s decision to work with multiple partners and a tile user interface. Windows Phone 7 lands Oct. 11.

Ballmer said:

Putting the activities that are most important in people’s lives and the people that are most important in people’s lives front-and-center through these hubs, I think we’re going to capture hopefully the imagination of quite a good number of people.

Ballmer fielded a bevy of questions about Windows Phone 7 opportunities. The discussion was a bit notable given Microsoft on Friday sued Motorola over Android.

Android has a patent fee. It’s not like Android’s free. You do have to license patents. HTC’s signed a license with us and you’re going to see license fees clearly for Android as well as for Windows.

The timing of the Motorola lawsuit is an interesting sidebar to the Windows Phone 7 launch. Drop in a lawsuit fear on Android partners and then launch an alternative.

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Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

Disclosure

Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

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RE: Ballmer talks Windows Phone 7 prospects, Android's 'patent fee'
tomlin21-24319035676893835085146735905770 11th Oct
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Let's not forget that Google Apps on Android is also not free. Once lawsuit is stacked on top of that, Android is not so inexpensive for OEMs after all.
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@day2die - Microsoft's is behaving like an evil monster.

It is using false patents that are not valid (such as contextual menus or syncing calendars) to hold a gun at OEM's heads to force them to make Windows Phone 7 phones.

This is why the Windows Phone 7 handsets will not be as good as other Android ones, because the OEMs don't have their heart in it. They are forced to do it or they get sued by Microsoft.

Add to that, the fact that Windows Phone 7 does not tether to a laptop, and doesn't copy-and-paste, and it becomes unusable.

Don't forget that Microsoft's failed Kin phones also had a tiled interface, similar to Windows Phone 7, which became the biggest failure the handset industry as ever seen.
@Market Analyst - copy and paste is coming in the first update just a few weeks after retail availability.

The number of people who tether their phones and laptops are a rounding error.

No OEM is forced to build a Win7 phone. Those that choose to do so for very good reasons. Primary amongst those reasons is that WinPhone really is very new and refreshing. It's user experience is light-years ahead of the typical phone experience.

Oh ... and what false patents are you referring to? Last I saw, the validity of the patents were not in question.
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Windows Phone 7 has no roadmap
gjafg 4th Oct 2010
@De-Void - You say Microsoft will fix the copy-and-paste problem within a few weeks after launch.

However, Microsoft has issued no statement or roadmap with any date on it. If Microsoft could fix the problems of Windows Phone 7 so quickly, it would have delayed the launch to get it fixed. The fact that problems remain with Windows Phone 7 means it will take longer to fix.

Sharing (tethering) the internet from the phone to a laptop computer is something most business users and many consumers need, especially people who are on the road and need internet. The fact that Windows Phone 7 can't do it will cost it sales.
Microsoft needs to find a better way to promote their products then attacking competitors. They need to stop trying to "own the world". I am personally boycotting Windows Phone 7, I don't care if it's good, don't care if it's bad, I have no intention of using it, ever.
@Market Analyst
If their patents were false wouldn't they not have filed for the patents? And also not be paying the yearly fees just to keep the patent rights? And also not be winning these patent lawsuits?

I have a big problem with the way the patent system works, but this is how it works and companies abuse it all the time. Microsoft, Apple, Google, etc.
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Thought Balmer was
i2fun@... Updated - 6th Oct 2010
@Market Analyst ....but this takes the cake! haha.... I didn't know common sense was patentable and I for sure can't believe Steve #2 used any more here than Steve #1 used in designing his Antennagate iPwnd4 phone! ahaha...

But the topper here, is Steve #2 instead of being at least a little smarter by suing HTC, goes after the biggest dog in mobile phone patents on earth! .....so we'll see what a mess this idiot got himself into. After Moto digs deep into their bag of hardware and software patents for their response.

I'll put money on Steve #2 having to pay, like they did with the stupid lame Novell deal paying Linux to use so called Windows Software patents. A deal that never validated any actual code even being present in Linux to sue for.

Somehow I see a silver lining in the end results here, though. I think if anything this will only add to the list of absurdities that will ultimately kill Software Patents in the end! ....and hey maybe Steve and Steve are genius for that alone, afterall! wink

btw.... picture this. Apple plays the big school yard bully goes over to the puny 9th grader and pushes HTC down. Now the 9th grader HTC goes and plots with the college students (including M$) and the next time CrApple has this 9th grader (that's now made deals w/ M$ Steve #2) backed into a corner the 9th grader HTC shoves CrApple's Steve #1 over Microsoft's Steve's back onto the ground! ......then Steve #2 jumps up throws a chair at CrApple Steve groveling in the dirt and says, "don't forget who took you down last time in the courtroom playground and computer market place, buddy"!

(note: this scenario is courtesy of when M$ sold HTC some court tested patents to stuff in their pockets to fire back at CrApple!)
@day2die
Not Android nor IPhone have: hubs, sharepoint integration, rich Office integration, XBOX Live games and XBOX live integration, rich email functionalities such as mark individual items, filter unread, ability to take pictures and film even if the phone is locked, dynamic tyles that allow fewer clicks thus more productivity, etc. Talking just about cut & paste and thetering as must have features is a very poor analyses of WP7 based on iPhone/Droid logic. WP7 has many more features that iPhone and Droid must start copying.
@Market Analyst - Come on. The worst?

Most of what I've seen makes sense. I am a pretty experienced IOS and Android user and I think MS may have a better idea (convenience - a much better thought out UI), and there's is the only developer friendly mobile OS.
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Finally, Microsoft is releasing a worthy iPhone alternative. Many of you may wonder what's wrong with Android OS: absolutely nothing. The problem is how Google let OEMs, carrier, and spamers rain free on the platform. For example: Android Market: it's a mess.

Believe it or not, Windows Phone 7 will be a sucess because of regulations. Applications in the Marketplace must be certified. Microsoft not OEMs not wireless carrier will handle updates. No custom UI will replace the phone's interface.
@day2die
it will be more Apple like than Android and or Google? I kind of like that:P

Pagan jim
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Welcome to Microsoft's Walled Garden
gjafg Updated - 3rd Oct 2010
@day2die - The restrictions that Microsoft has placed on Windows Phone 7 will turn people away from it.

It is the most closed OS ever made. More closed than iPhone. Microsoft is using DRM to lock Windows Phone 7 to the hardware, and to prevent anyone from jailbraking it.

You are only permitted to download apps from Microsoft's own store and nowhere else. You cannot change the 'Bing Button' on the front of the handset to any other search engine. You cannot change the Internet Explorer 7 to any other web browser.

Do people really want to be locked up like that to the Windows Phone 7 walled garden? Even iPhone is not as restricted as that, and Android allows you to buy apps from wherever you want.
@Market Analyst

I think if Opera or Mozilla release their browser in the Windows Marketplace you should be able to download and use it, no?
@Market Analyst - It's a Windows phone. Don't like it, buy something else.

FWIW, the Bing integration is awesome and who's to say what 3rd party web browsers will eventually ship for WinPhone? It's early days yet.

And how is WinPhone more closed than iOS? You can only download apps to your iPhone from Apple. Apple also employ a range of technologies to prevent jailbreaking. At least with WinPhone you get to choose a range of devices from a range of carriers.

Android also has its costs. Flexibility inherently introduces complexity. Multi-tasking sounds like a boon until you see your phone run out of power by 4:00pm becuase it has 20+ apps running in the background - even if you don't want or use them.

Suggestion: Don't knock it until you've tried it.
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Your assignment, job application, tender or love letter is going to look crap once it moves along to the proper enterprise productivity products.
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other than that they determined that moto was not interested in negogiating in good faith. Announcing this now does nothing positive or negative for wp marketing, nor does if affect any wp oems or mobile operators in any way.
I remember mr. Ballmer shouting loud that someone had to pay for the stolen IP that was used in Linux. He's always really loud. Microsft has tried for many years to break into the mobile market, they may not fail this time. So they have every reason to scare off vendors from Android. But it's really time they finally make something that is competitive, instead of needing lawsuits to break into the market.
@elteck - any patent, trademark or copyright owner is obligated to protect their technologies. If they don't, they run the risk of having those patents, trademarks or copyrights overturned.

Microsoft is doing the right thing in protecting its patents, trademarks and copyrights.

Oh ... and FWIW ... you're probably too young to remember, but Microsoft used to own more than 25% of the mobile handset market until they took their eye off the ball. Yes, they're playing catch-up, but history teaches us that Microsoft performs the best when it sees itself as the underdog.

Word was a joke compared to WordPerfect & AmiPro. Now, Word Perfect doesn't exist.

Excel was a joke compared to Lotus123. When was the last time you saw Lotus123?

Exchange? SQL? Windows Server? Visual C++? Access? etc ... all were seen as underdogs once upon a time and now have unassailable leads in their markets.

Beware Microsoft when they're in competitive mindset - they can be lethally effective when they want to be.
@De-Void

Tying got MS the dominant position in their market, especially in the enterprise.

License our OS. Oh, by the way we make an Office Suite here that we'll sell you at a 75% discount. And those Office Licenses include CAL's for Exchange. All you have to do is buy a server license (at a large cost). And, oh by the way our stuff only runs on our OS so you have to license that too.

It's not that their products are good (they are not), they just have really low up front costs brought to you by tying each to each other.

MS is good at bundling and making it extremely painful to get out. Many that have tried to get out have found themselves at the wrong end of a BSA Software Goon audit.

It's not quality; most of MS's products are of low to medium quality. But when they have you by the balls....

Oh, and BTW: Word Perfect does exist. Just ask Corel.
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...especially since Palm OS was syncing things long before MS even knew that "mobile" devices existed.
@spark555 - are you THAT ignorant?

WindowsCE was first released in 1996 - the same year as PalmOS 1.0. WinCE has offered sync capabilities since it was first released.
@spark555 - if you create technologies that are granted patents, sue those who deliberately rip you off.
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WP7 will "succeed" for two reasons.
terry flores 4th Oct 2010
The first and foremost is that Microsoft will label it a "success" no matter what. Just like they did with Vista.

The other reason is more substantial. Microsoft knows how to support mainstream products. Google management is notorious for treating everything other than their core search business as an "experiment". Who knows if they will one day simply abandon Android and go off in some other direction? They don't give me any warm and fuzzy feelings.

Apple will remain in the lead for years to come, they know exactly what they need to do and they know exactly what are the major weaknesses of their competitors.
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When iPhone launched ...
HollywoodDog 4th Oct 2010
@terry flores ... Ballmer declared it had "no chance" of getting significant market share, and touted his $99 Motorola Q-phone as a perfect machine. He said "I like our strategy a lot."

He's had to eat his words. He had half his bonus taken away by the board.

Why is anybody listening to this idiot?
@terry flores Microsoft can't claim it's a success, they can't fudge the numbers like they did with Vista for the simple fact that you can't use the phone unless you have a carrier, and the carriers will provide the data...

Ballmer won't be able to conceal the failure...this will be his swan song....

I bet Gates will be called back after this like Jobs was for Apple...he's stealing Microsoft's thunder.
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Gates will never come back.
HollywoodDog 4th Oct 2010
@cyberslammer ... He went out on the highest note possible, and cannot return Microsoft to its glory days. On top of that, he just lacks vision. Jobs is a visionary, not Gates.
Only one more week until we get to play with this new innovative phone! Its going to be a long week until next Monday, but when that day comes its going to be great. I want to see the tiles, I want to see xbox live, there is so much on this phone I want to see!
@Loverock Davidson One more week til the flop happens..I can't wait for your lame excuses when it fails MISERABLY...

Look for it in the bins right by the Kin.
@Loverock Davidson Good for you, man! The new Microsoft phone will have at least one user.
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RE: Ballmer talks Windows Phone 7 prospects, Android's 'patent fee'
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RE: Ballmer talks Windows Phone 7 prospects, Android's 'patent fee'
tomlin21-24319035676893835085146735905770 11th Oct
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