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Adrian Kingsley-Hughes

Microsoft: Android is standing 'on the shoulder of companies like Microsoft'

By | October 30, 2011, 4:47am PDT

Summary: Microsoft: ‘Licensing is not some nefarious thing that people should be worried about.’

Google is standing ‘on the shoulder of companies like Microsoft who made all these billions of dollars in investments‘ with its Android mobile OS, claims Horacio Gutiérrez, deputy general counsel in charge of Microsoft’s intellectual property group.

Gutiérrez makes this claim in an interview with SFGate.

Speaking in relation to the huge amount of litigation currently going on between mobile device players, Gutiérrez said that ‘there is a period of unrest and a period of readjustment, until the claims on the ownership of different pieces of technology are well known’ and that licensing and cross-licensing is required to make these problems ‘disappear into the background.’

Gutiérrez also believes that ‘licensing is not some nefarious thing that people should be worried about’ but instead ‘the solution to the patent problem that people are reacting so negatively about.’

Gutiérrez goes on to defend the software patent system, claiming that ’many things that earlier were implemented in hardware …  are now implemented in software’ and that the ‘patent system has actually played a role in securing the leadership that the United States has in this field.’

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

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Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: Microsoft: Android is standing 'on the shoulder of companies like Microsoft'
Freedom9 21st Nov
It is protection money and who collects Protection Money? Case closed. Apple and Oracle are no better though Java now owned by Oracle needs to be paid but at a fair rate,
Android is standing on the shoulders of Linux - which is exactly where it should be.
@solri
Exactly! M$ has no stake in android except FUD and inuendo. same for Linux!
@solri

Microsoft is the biggest patenttroll
@solri Android has very little to do with Linux. Linux is an open-source implementation of Unix, written primarily in C. Android is written in Javascript and based on a Dalvik open implementation of the Java virtual machine.

Neither of them have any significant relationship to Microsoft (which had little or no hand in Unix, and who's main contribution to Java was to create their own variant of it under the Active-X label)


But hey - who want's to have a factual discussion of what's actually going on, right?
@spark555
Err...
I would be very surprised if Android is written in Javascript. I think you mean "Java", which is signficantly different to Javascript. Javascript is used on the internet, and Java is... for applets and programs on the computer.
@spark555

Let's talk about some of the incorrect things in your post. Linux actually is not an implementation of Unix. It has 0 lines of Unix code and is merely the product of trying to make a product that behaves similarly.

Android does use the Linux kernel. Anyone who owns a device, who knows how to look at the settings under "about this device" can even see exactly what version of the Linux kernel they're using. 3.2 is using.... *looks* 2.6.36.3-g111d827.

But, hey, let's not let facts get in the way of a perfectly bad response... right?
Microsoft is standing on the soulders of stolen DOS garbage.
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@larryvand
of a silly rant.

plain
@larryvand

I do not think that the world's countries are willing to pay the Microsoft tax. Microsoft has had an oligopoly for too long. Now enough is enough
I give MS Credit, if they have stuff they could have attacked Android in court but instead thy approached the vendors and said, "hey, you have a good product now let's make it 100% legal from our perspective."

Of course I still believe this is nothing more than Exchange and Active Sync Licensing that others pay as well.
@Peter Perry That doesn't explain why MS are suing Barnes and Noble. None of the Nooks have native Exchange support.
@dazzlingd

That's probably some sort of file system support.
@dazzlingd MS has a lot of patents that don't impact the core of Android and like Michael said, it could be for Fat 32 support as I believe the SD Card uses that format.

One thing is for sure though, Google and Android are building Patents of their own and eventually, MS will have to pay for some of those patents as well.
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@Peter Perry
The Samba project team came up with a workaround for FAT/FAT32 support in 2009. I believe this was the second workaround developed to insulate Linux based distributions from FAT related patents in response to the TomTom decision.
@Michael Alan Goff Do you believe the Kindle or Nook is based on the FAT filesystem or any other disk system created or researched by Microsoft?
Let's face it.. the only reason this is even happening is just because of jobs. Jobs wanted the demise of android as a personal vendetta. After all, the only innovation that has come from apple in the last nearly 12 years is the iphone. They jumped on the bandwagon with big blue, his arch enemy and started building off of PC hardware, no new hardware r & d really except for the iphone.
Lets look at the classic example of what happened between steve and bill. Steve stole the point and click from xerox and ran with it, bill borrowed the windowed system from steve. Steve got furious, perfect proof is the ability to run windows on a mac but not osx on a pc. Until the last 10 years. To me that speaks "I'm a baby and I want to say my stuffs better than yours because I coded my stuff to not work on yours".

Now we have the android fight and ridiculous lawsuits. Once again temper tantrum steve. This all probably killed him faster than the cancer did. Just look at his own childish statements in his biography. Clearly he was becoming a little senile near the end of his life. Just watch and listen to video and read his statements.
Now sparks news like this stuff. Ever heard the expression s**t rolls down hill?
@Nate_K
This post reeks of "don't let facts stand in your way". Only innovation was iPhone? Sure, ignore iPod, iTunes and iPad (which btw conceptually was born before the iPhone).
Steve stole the point and click from Xerox? He broke into the Xerox labs at night and stole the code and then just slapped it onto the Mac unaltered?
But please, go ahead and explain to us how Steve contacted the other Steve (Ballmer) and plotted to attack your beloved Android.
@Nate_K Steve is somebody who couldn't stand to lose and when Google trumped him like MS did all those years ago, his anger burned...

Of course it doesn't matter that everyone who has used both iOS and Android will tell you they are polar opposites in their functionality, Steve claimed the OS was stolen property and the iTards applauded! Of course, everyone of the tards failed to find a single patent that Android violated which would require it be removed from the market (there has been one patent violation and it only involved the Gallery App for 2.3 which was corrected).
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True
Tim Acheson 30th Oct
Google is standing on the shoulders of companies like Microsoft and Oracle that did all the hard work.

Google is trying to kill the goose that lays the golden eggs:
http://www.timacheson.com/Blog/2011/feb/imitations_of_popular_tech_products
@Tim Acheson Yes, Microsoft did a lot of hard work. Stealing the hard work of other companies like Eolas, i4i, Alcatel, Apple, Digital Research, etc., etc., etmfc., is indeed hard work.

And their Grand Theft Ideas is on the record regarding i4i. They're a bunch of no good robber barons, and it's all on file now. Your heroes are nothing more than thieving pirates who got lucky with a few products, but have pretty much utterly failed outside of those areas, because expanding your brand requires actual work.
@Third of Five
i4i's custom XML patent isn't all that innovative. It's easy to overlook the importance of such patents. Microsoft easily sell billions of dollars worth of Office even without the tech.
Atleast microsoft doesn't bit** about it publicly like google .

Google is a new name in the smartphone game. So it's natural that they had to 'borrow' ideas from others to make their products competitive. Nothing is free
@g@... Isn't this entire article based on a a ***** whine by MSFT that somehow research they did made it possible to create Android in spite of it being based on stuff they had NOTHING to do with?
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Meh, so is Microsoft
Rabid Howler Monkey Updated - 30th Oct
Microsoft is standing on the shoulders of companies like IBM, AT&T, Xerox, Apple and Digital Equipment Corp. Not to mention all the companies and intellectual property that Microsoft has acquired over the years.

And despite the most recent patent "reform" legislation passed by Congress and signed by the President, the software patent system is still broken.
@Rabid Howler Monkey well said.

If you want to play the "billions in original R&D" card, pretty much everyone in modern computer industry owes all their souls to Bell Labs (AT&T), IBM, Xerox, and a variety of Darpa projects which really DID the core research that is underneath everything we use today. No need to whine that you invented the FAT filesystem, or the swipe-to-open "invention". These guys CREATED multi-threaded operating systems, icon-based user interfaces, unix, the phone system, vector graphics, etc.
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Umm
g@... 31st Oct
@spark555
Microsoft and pretty much everyone else pays up for these inventions. and google doesn't .That's the whole point do you understand?
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RE: Umm
Rabid Howler Monkey Updated - 31st Oct
@g@... Here is a link describing how the IP game is played:

http://jonathanischwartz.wordpress.com/2010/03/09/good-artists-copy-great-artists-steal/

Google's misstep was their failure to have a strong IP portfolio, which they are in the process of correcting with two (2) separate IBM patent purchases and the pending acquisition of Motorola Mobility.
0 Votes
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Microsoft can't prove it, as it's wrong.
peter_erskine@... 30th Oct
The man is talking rubbish.
@peter_erskine@...
agreed all is BS! android does not infringe anything
@Linux Guru Advocate

Tell it to the judges who have banned Android products for infringing patents.
@bannedagain

So you are saying that judges who know little to nothing about tech cannot be swayed by persuasive arguments of lawyers? Riiiiiiight.....
0 Votes
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Which is why he is where he is
Mister Spock 30th Oct
@peter_erskine@...
and you are where you are.

plain
We all stand on the shoulders of predecessors. Nothing new under the sun, don't you know.

It is an artificial construction, the patent system, and it has its merits, demerits, and elements which may be gamed. Mr. Gutierrez is a bit disingenuous as he describes Microsoft's share of Android's creation, because the bulk of his company's r & d money was not spent coming up with the concepts, but in the engineering and code which navigates the constraints imposed by mathematics, physics, and commerce. That someone solved the problem puts the problem into the solvable category, true, but it is also true that version 1 will have rough edges; there's more work to be done. As far as dead ends, Microsoft's competitors will still have to spend the money to pursue ideas that don't work out.

I, myself, would be ashamed to take money for someone else's fully independent work (in-Redmond-we-are-very-proud-at-just-how-vaulted-our-code-is), but I suck as a business person.

I have to wonder as Microsoft (or its shareholders) review mobile os revenues, and they see all the licensing fees at the cost of some legal hours and then look at the Windows Phone os revenues at the cost of many man-years of engineering, wouldn't they make the decision that being landlord is more profitable than carpenter? This will be bad for us as its competitors decide that they have no interest in spending money to give more money to Microsoft, and Microsoft stands pat selling some static stuff and pulling in licensing fees.
Duh. Android started off as an iOS clone, and with Google's attitude towards others, think they care? Google thinks they own the world, and can do as they please. That attitude is slow crumbling in back around them.
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Correction:
msalzberg 30th Oct
@Cylon Centurion

Android started as a Blackberry clone. It became an iOS clone after the introduction of the iPhone.

http://www.quora.com/Android-OS/What-did-Android-look-like-before-the-iPhone-was-unveiled
MS is only going after the phone manufactures because they probably would lose in Court against Google, plus all these companies also make Windows phones. In the kindest of MS hearts they want to make sure that a "free" OS is just as expensive as MS's OS. Just look at the BS they tried to do via proxy with the Linux lawsuits a couple of years back. MS is a not a kind company (like most companies are ruthless and could careless if they harm customers).
@owlwise@...

This is an extension of those "Linux lawsuits" except now Microsoft has found companies who are willing to pay them licensing fees in order to avoid litigation.
The fact that Android is _optionally_ capable of reading an external FAT filesystem is NOT gonna justify the rediculous claim that MSFT somehow spent "billions" in R&D to make Android possible.
Hah hah! Seriously Microsoft... Can you live from your own success stories? Oh, wait, outside of monopolizing products via strong arm tactics there really aren't too many success stories lately.
Microsoft the biggest patenttroll
I would think it is hard to stand on the shoulders of someone who is standing on your toes while twisting your arm with (patent) lawyers.
I agree with MS fully. They should be thankfull for what Bill did for the tech industry. Whithout MS we would all be a lot worse off.
@DJK2
A lot worse in what way exactly. Are you suggesting there would have been less innovation is office suites and operating systems if there wasn't a monopoly? And it's not like they kick started the industry or even do anything really innovative to be the monopoly in the industry.

All they really did was make a very smart business deal with IBM which made them the default choice for IBM clones thus giving them all the developer support. Then they banked on stronger integration with their OS to gain on office suites.
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Please, Microsoft, Tell Us ...
ldo17 Updated - 30th Oct
... what exactly are these "shoulders" of yours you think Android is standing on? Why won't you tell us exactly what "intellectual property" of yours you believe Android and Linux to be infringing? Because your continuing coyness leads us to believe you are spouting nothing but legalistic intimidatory, anticompetitive bullsh???it.
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It's more innuendo, legal posturing from Microsoft
Dietrich T. Schmitz * Your Linux Advocate Updated - 30th Oct
If Microsoft were to lay the cards on the table and open up their NDAs made with vendors who 'do' pay licensing fees, we'd be able to make an intelligent assessment of what IP specifically Android infringes on, but that won't happen.

Instead, we see more muscle flexing, innuendo, all without any specific claim being made.

Microsoft went on the record that Linux infringed some 230+ patents several years ago, yet never supplied any details.

This is yet again more FUD from Microsoft.
@Dietrich T. Schmitz * Your Linux Advocate

"Microsoft went on the record that Linux infringed some 230+ patents several years ago, yet never supplied any details."

Must of been a shock to MS when Linux distributors didn't just capitulate and agree to pay MS a licence fee. Naturally MS couldn't do a thing about it since to prove their case they'd most likely have to provide their source code in open court which they'd never do even if their claims where genuine.

Pity the Android companies didn't just do the same and tell MS to 'sue & be damned'.
@AndyPagin wrote:
"Must of been a shock to MS when Linux distributors didn't just capitulate and agree to pay MS a licence fee.

Actually, Novell/SuSE did capitulate, although I believe that it was a calculated effort to increase their market share relative to Red Hat. And Attachmate, the new owner of SuSE, recently extended the original Microsoft-Novell agreement for 5 years.
Google is mostly selling stolen products, content in youtube to Android.... Its has no shame and its engineers and managers are a bunch of cry babies...

How pity google is... shame on them...
Everyone is standing on the shoulders of everyone else. Get over it. Every new product has maybe 1% truly new ideas (sometimes a terrible 1%) and the rest are inspired by other people doing similar things in the industry. This is the nature of the beast and only arrogance would lead anyone to believe that they, alone, are only using new ideas.
It is protection money and who collects Protection Money? Case closed. Apple and Oracle are no better though Java now owned by Oracle needs to be paid but at a fair rate,

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