Microsoft on Android – Not So Free. The Role of Patent Infringement Litigation
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Oct 02, 2010 02:52PM
By: Scott Nyman
The battleground for supremacy in the mobile space has never been fiercer. Mobile dominance has passed between the big contenders throughout the years. Windows Mobile and Blackberry OS had their days at the top, much like Apple’s iOS has ruled the last couple years. Lately, the crown has been shifting to Google’s Android mobile platform, with new devices seemingly arriving every couple weeks.
One reason for Android’s rapid adoption is the open-source model it is built upon. Not only may Android be installed on devices from any manufacturer, but these manufacturers may do so without payment of licensing fees. Some competitor models, such as those used by Apple and Blackberry’s RIM, lock their respective operating systems to devices manufactured in house. Other competitors, such as Microsoft, allow their operating systems to be installed onto devices from multiple manufacturers, albeit with a licensing cost. With smartphone manufacturers continually looking to improve their bottom line, it’s not hard to understand why many choose Google’s open-source option.
But Microsoft suggests that Android is not free. Chief financial officer for Microsoft’s mobile communications division, Tivanek Ellawala, raises the issue of hidden legal costs due to infringement disputes resulting from adoption of Google’s Android operating system. Although Microsoft offers this friendly advice with no personal motivation, as they finalize a revamped Windows Mobile 7 for launch later this year, there may be some weight to Ellawala’s comments. Earlier this year, Apple sued smartphone manufacturer HTC for infringement of at least 10 U.S. patents relating to features used in HTC’s implementation of the Android operating system. Oracle has also recently sued Google for infringement relating to the use of Oracle’s Java software in the development of Android. Apple and Oracle may only befirst players in the battle of patent portfolios, with potentially more suits to follow.
Whether a hidden legal cost exists with the use of Google’s mobile platform will likely be determined as the juggernauts continue to battle. Smartphones and other low power portable devices are rapidly becoming the new frontier in computing. With increased competition for dominance in this much lauded market, we can bet all contenders will continue to fight for their position at the top.