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Microsoft proposes principles for 'patent peace'

updated 08:50 pm EDT, Wed August 1, 2012

Binding agreements and market rate licensing viewed as keys

On the official Microsoft Technet blog, Microsoft has detailed what it sees as the path to ending the ongoing patent wars between tech companies. While oriented towards its battle with Motorola and parent company Google, Microsoft believes that "patent peace" can only be found through "good faith engagement that is based on two simple, common sense principles." The company says it already abides by, and encourages other companies to adopt, the tenets in its proposal.

Microsoft points out that any patent licensing or use agreement must be comprehensive, stating that any approach that does not lead to all the pending litigation ending won't last and isn't productive. Using the battle with Motorola as an example, Microsoft notes that Motorola is proposing to license only a small portion of the patents that Microsoft owns that are used in the phone manufacturer's products. Microsoft calls this approach "not a recipe for patent peace, but only for selectively disarming an opponent."

Also referring to Google and Motorola, Microsoft's second guideline for patent peace states that any agreement must be based on market rates. Using the suit asserting Motorola's standards-essential H.264 patents as an example, Microsoft claims that 29 companies (including Google) which own more than 2,400 patents essential to the video playback license have established fair, reasonable, and non-discriminatory (FRAND) licensing terms for the patents. Microsoft also points out that it is are also standards-essential patent holders, and readily license their patents to other Android phone manufacturers.

Apparently emphasizing the second point, Microsoft claims to have always been, and remains open to "a settlement of our patent litigation with Motorola. As we have said before, we are seeking solely the same level of reasonable compensation for our patented intellectual property that numerous other Android distributors - both large and small - have already agreed to recognize in our negotiations with them. And we stand ready to pay reasonable compensation for Motorola's patented intellectual property as well."

Motorola and Microsoft have been embroiled in a patent dispute involving Microsoft's ActiveSync technology and Motorola's H.264 video playback patent. Microsoft has won bans for ActiveSync patent violation on select Motorola devices in Germany and the United States. Motorola has likewise won a ban on Microsoft's Xbox 360 gaming console, which is currently under review and public discussion at the US International Trade Commission.

Microsoft has refused a settlement offer by Motorola which involved Microsoft paying more than 100 times the industry-standard rate for the H.264 patent. Microsoft may be able to sidestep the large licensing fee, as parent company Google has allegedly offered Microsoft a H.264 patent license in the past, and Motorola would now be bound by the agreement since Google acquired it as a subsidiary. As a result of the offer, Motorola and parent company Google are under investigation by the FTC for FRAND abuse. [via Microsoft TechNet Blogs]



By Electronista Staff
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Comments

  1. sportmac

    Fresh-Faced Recruit

    Joined: 04-20-09

    well, yeah. when you don't create anything i'm sure you would want for everyone just to get along so you can use their ideas.

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Someone ought to make a biography "Life of a Giant"... get started, MS is over, like yesteryear. Next Chapter: The New Life of Linux...

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    What is this "Linux" you keep mentioning as if it were relevant to anybody?

  1. msuper69

    Professional Poster

    Joined: 01-16-00

    "common sense"

    That kills that idea right off the bat.

  1. msuper69

    Professional Poster

    Joined: 01-16-00

    You're wasting your time posting about Linux in a Mac forum.
    And the content of your posts is laughable.

  1. Gazoobee

    Junior Member

    Joined: 02-27-09

    I can see what they are getting at but it will never work. Their first point essentially states that whenever two companies find themselves in disagreement over cross patent licensing, that they agree to a deal whereby *all* the patents of one company are licensed to the other and vice versa. How would that ever work? Who does it benefit except companies like Microsoft that don't innovate on their own? This might work as a mechanism for FRAND but for anything else it's a complete non-starter.

  1. Sabon

    Fresh-Faced Recruit

    Joined: 03-07-05

    This is hilarious. When they are way behind they suddenly want patent peace.

    How about doing a good will gesture to show that this is for real. How about removing all licensing fees and opening up the code so that companies like Google and Apple and the Linux community has full access to NTFS and all old and new file systems that Microsoft currently has released and is currently working on but isn't released but is looking at as a replacement current or near to be released file systems.

    How about that as a show of good faith? Then Microsoft can come back and suggest this again.

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by msuper69View Post

    "common sense"
    That kills that idea right off the bat.

    Common sense should tell you that Linux has capabilities, just needs more support. Would you keep feeding a growing parasite, like Apple?

    And MS?.... try 'em in 3-5 years, they have Surface "Ideas"... but nothing yet... MS Dead?... for now....

  1. blahblahbber

    Banned

    Joined: 02-01-05

    Originally Posted by SabonView Post

    This is hilarious. When they are way behind they suddenly want patent peace.
    How about doing a good will gesture to show that this is for real. How about removing all licensing fees and opening up the code so that companies like Google and Apple and the Linux community has full access to NTFS and all old and new file systems that Microsoft currently has released and is currently working on but isn't released but is looking at as a replacement current or near to be released file systems.
    How about that as a show of good faith? Then Microsoft can come back and suggest this again.

    The only thing good they have is Kinect... still in infancy though.... Throw in Surface while your at it.

  1. msuper69

    Professional Poster

    Joined: 01-16-00

    Keep on showing how clueless you are.
    Makes such a good impression.

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