Samsung to Pay Microsoft Royalties for All Android Phones It Sells
September 28, 2011 3:35 PM
comment(s) - last by
You won't hear Steve Ballmer say "I love this DEAL!" but Samsung's agreement to pay licensing fees is a big win
Under my thumb
The girl who once had me down
Under my thumb
The girl who once pushed me around."
-- Mick Jagger and Keith Richards of
The Rolling Stones
The iconic track by
The Rolling Stones
comes to mind as news of Microsoft Corp.'s (
) new licensing deal with Samsung Electronics Comp., Ltd. (
) broke today. After all, Samsung is top seller of smart phones powered by Google Inc.'s (
) Android OS, which quite literally has Microsoft's Windows Phone 7 smart phone OS
down in sales
But as much as Android has pushed Microsoft around in the market, Microsoft now has Android exact where it wants it -- under its thumb. It
[press release] today that after negotiations, Samsung had agreed to enter an intellectual-property cross-licensing agreement.
The old saying goes "you'll attract more flies with honey than vinegar". While Microsoft's licensing pressure might not seem so sweet to some, it's at least a gentler approach than Apple, Inc. (
), which has sued
the top three Android manufacturers (Samsung, HTC Corp. (
recent Google acquisition Motorola
) seeking to ban their handsets sales with nary a mention of a licensing settlement.
Indeed Microsoft's approach
won over HTC
, who was facing a lawsuit from Apple at the time, and now has won over Samsung, the
fastest growing handset maker
on the market, and the top maker of Android smart phones.
Reportedly the HTC deal was worth $10 USD per handset sold. For the Samsung deal Microsoft reportedly
offered a $15 USD per handset fee
, while Samsung countered with a $10 USD per handset fee. It seems likely that the pair met in the middle with a $12-13 fee.
Samsung and HTC both make Windows Phone 7 handsets, though, those devices haven't sold anywhere near the number of units as their flagship Android devices.
Of Android's "big three", only Google subsidiary Motorola remains without a licensing deal for Microsoft's intellectual property.
The Wall Street Journal
that Microsoft used the announcement as a chance to issue a request/threat to Google/Motorola pressuring it to license.
For Google the situation could be worse. It still will likely be able to turn a profit on its handsets and it will be free to focus on Android's other legal foes like Oracle Corp. (
) (who is
suing Google for Android's use of Java
) and Apple. But it's also not a very pleasant situation as Microsoft's licensing fees tack between $10 and $15 in additional costs onto each handset sold. Those costs make Google's platform less attractive and competitive offerings more attractive.
Microsoft's Windows Phone Division President, Andy Lees, gushed about the deal, commenting, "Microsoft and Samsung see the opportunity for dramatic growth in Windows Phone and we’re investing to make that a reality. Microsoft believes in a model where all our partners can grow and profit based on our platform."
And Samsung tried to spin the news enthusiastically, with Samsung mobile devices global marketing VP Dr. Won-Pyo Hong remarking, "Through the cross-licensing of our respective patent portfolios, Samsung and Microsoft can continue to bring the latest innovations to the mobile industry. We are pleased to build upon our long history of working together to open a new chapter of collaboration beginning with our Windows Phone "Mango" launch this fall."
However, make no mistake, Microsoft is the winner here, and at the end of the day Google, and to a lesser extent, Samsung, are the losers. Sure Microsoft would love Windows Phone 7 to be the kind of ringing success it
thus far hasn't been
. That would give it all sorts of auxiliary revenue streams -- say from data mining and app sales. But at the end of the day Android succeeding is almost as valuable to Microsoft, as it will get a sweet licensing cut of virtually every Android device sold -- without having to go to the hassle and expense of actually designing, advertising, and selling the product.
This article is over a month old, voting and posting comments is disabled
RE: What IP are they using of MS's?
9/28/2011 4:45:59 PM
As I explained in another discussion on this - the reason why MS and others can go after the handset manufacturers is Google's licensing agreement for Android does not indemnify and hold the partner (in this case, Samsung) free from, among other things, intellectual property and patent infringements (for the sake of this post, i'll just call it "IP").
Basically, if someone (in this case Microsoft) goes after a user/partner of Android and accuses them of USING something that infringes on their IP, Google has not said they will protect and defend their partner/user from such claims. It's a similar in concept to being caught in possession of stolen property.
Most licensing agreements people don't read and simply click 'accept'. If you read the ones from Microsoft, Symantec, Citrix, et al., you will find that those companies say they will defend the user and hold them free from any IP claims. For example if someone sues YOU for something that MS infringes on, MS has already agreed to take the responsibility off of you and fight it on your behalf.
"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller
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