Can Microsoft become the "open alternative" to Google Android?
Microsoft has licensed 74 “foundational” smartphone patents, including many originated by Palm, now part of HP, accord to a report today in The Wall Street Journal.
The goal seems to be to avoid the patent battles embroiling smartphone vendors, including makers of Android handsets.
The story is behind the WSJ paywall so only the first paragraphs are available for free. But Surur at WMPowerUser.com has some additional details.
One interesting issue noted by Surur:”Microsoft has a unique advantage over Android of being able to simplify significantly the work of smartphone OEMs by offering a product with all relevant patent fees already included, and indemnification for patents in dispute.”
That is an intriguing idea, though I’m no expert on the relationship between the patents in question and the actual open source code from Android. Surur in an earlier post this week mentioned that Microsoft’s Windows Phone 7 is emerging as the only “open” alternative to the Android model — handset makers who by definition don’t have access to Apple iOS or RIM BlackBerry OS, who are dropping support for Symbian, and don’t want to develop their own OS, can only use Android…or Windows Phone 7.
Surur adds in his patent post: “Google has so far not offered any support for OEMs using their software, many [of] who[m] have so far already been subject to litigation for infringement by Android from numerous sources.”
I can’t vouch for either of those comments, so if anyone has some links or comments, please post.
Microsoft bought the patents for undisclosed terms from Acacia Research Corp. and Access Co. Ltd., a Japanese company that acquired PalmSource, the firm behind the Palm operating system, in 2005. [I’m wondering what HP was thinking, or not thinking, when it acquired Palm without looking into the status of these patents and securing them itself.]
Surer has, presumably from the Journal story, some quotes or paraphrases: Paul Ryan, CEO of Acacia, said the patents in question were “foundational” in the smartphone market. And from David Kaefer, general manager of intellectual property and licensing at Microsoft: “By focusing on efficiently licensing patented innovations from other companies, we’re free to develop great software and we’re able to provide our partners and customers [intellectual property] peace-of-mind.”
Interesting dynamic: clear ownership title and enforceable contracts as the basis of innovation and “peace-of-mind.” How Adam-Smithy.




