Tag Archives: licensing

Angry Birds soda release makes for huge sales jump

Yes indeed: Angry Birds soda. A Nordic beverage company named Olvi got the rights from Rovio to make some Angry Birds-branded sugar water, and apparently it's a huge hit for them, raising the company's sales by 85 percent. Exports were especially huge, going from 3 percent of Olvi's market to a whole 20 percent, with exports focusing primarily on Spain, Norway and the UK. There's no indication that any of this drink has made it over to the United States for sale just yet, so if you have a chance to try some, you'll have to let us know how it tastes. Hopefully "eggy" isn't a word included in the description.

This is far from the last we'll hear about Angry Birds merch, especially with that movie set to arrive in the next few years. You can bet that even bigger companies are looking at sales figures like this, and then lining up to make a deal with Rovio as fast as they can.

Angry Birds soda release makes for huge sales jump originally appeared on TUAW - The Unofficial Apple Weblog on Wed, 29 May 2013 19:30:00 EST. Please see our terms for use of feeds.

Source

Streaming radio may be the next frontier for Apple’s music efforts

Apple reportedly hoping to launch iRadio service this SummerIn a rather interesting article last week detailing music service Pandora's ongoing struggle with record labels' streaming fees, The Verge says that "iRadio," Apple's rumored Pandora competitor, is being primed for a launch this Summer.

"Much has been written about Apple's plan to launch a Pandora-esque service this year. Now multiple music industry insiders have told The Verge that significant progress has been made in the talks with two of the top labels: Universal and Warner. One of the sources said 'iRadio is coming. There's no doubt about it anymore.' Apple is pushing hard for a summertime launch."

Given the seemingly fickle nature of record labels and Apple's well-known intransigence when it comes to negotiations, our advice is to take this report with a grain of salt. Still, rumors of Apple's interest in launching its own streaming music service have persisted for quite some time.

The likeliest sticking points in Apple's efforts to launch an iRadio service are the royalty payments to music labels. Most recently, the New York Post claimed that Apple was hoping to pay record labels about US$0.06 per 100 songs streamed. To put that into context, Pandora currently pays record labels 12 cents per 100 songs streamed. Meanwhile, Spotify (which allows consumers to select individual songs for playing / mobile sync, in addition to its streaming programming) pays record labels 36 cents per every 100 songs streamed.

As to why Apple wants to get into the music streaming business: it's always helpful to follow the money. To that end, approximately 50 percent of Apple's iTunes revenue originates from purchases made on mobile devices. And when you also consider that both Pandora and Spotify are extremely popular iOS applications, it's clear that there's already a huge market for music streaming. It only makes sense that Apple would want a piece of that pie.

With a streaming radio service under the iTunes umbrella, Apple could generate revenue from advertising and music subscriptions -- all the while funneling customers who want to buy songs from the iRadio service to the iTunes Music Store. While record labels might be wary of ceding any ground to Apple, they shouldn't let old grudges get in the way of acquiring new revenue streams.

Streaming radio is a great idea, as long as there's an ecosystem of mobile devices to listen in. While there have been upwards of 500 million iOS devices sold, Apple says nearly 300 million (60 percent) of those devices have shipped with or have been updated to iOS 6 (as of January 2013). The takeaway is that iOS users, more so than their Android counterparts, are much more likely to upgrade to the most current available mobile OS version. [In fairness, with Android updates bottlenecked through the mobile carriers, a much smaller proportion of the Android installed base is eligible to run the latest version. -Ed.]

Consequently, if Apple updates iOS such that an iRadio service is embedded into the Music app -- or perhaps as a featured standalone app, in the same fashion that the Podcasts app has been broken out from Music -- it may very well shake up the digital musical landscape yet again.

Streaming radio may be the next frontier for Apple's music efforts originally appeared on TUAW - The Unofficial Apple Weblog on Mon, 01 Apr 2013 17:00:00 EST. Please see our terms for use of feeds.

Source

ASCAP announces music license for web/app developers

Developers wanting to stream popular music in their mobile apps now have an inexpensive way to do so legally. The American Society of Composers, Authors and Publishers (ASCAP) launched the new ASCAP PLAY MUSIC License for Websites and Mobile Apps last month, allowing developers to pay a low annual fee of US$240 for access to the ASCAP catalog.

That catalog of music is nothing to sneeze at; ASCAP currently counts over 8.5 million works of music in its library. According to ASCAP, owners of websites and developers of mobile apps can buy the license online. There's no reporting requirement, making it simple for devs and admins to legally use some amazing music in their products.

The requirements are simple -- if your web or mobile app has fewer than 30,000 users visits per month, it has less than $2,000 a month in revenue and you can pay for the license with Visa or MasterCard, you're eligible.

ASCAP announces music license for web/app developers originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 05 Feb 2013 14:00:00 EST. Please see our terms for use of feeds.

Source

HTC exec lauds licensing agreement with Apple

Ray Yam is the president of HTC China, and he recently said in an interview with the Economic Observer of China that the company's recent licensing agreement with Apple will "pay off" sometime this new year in 2013. HTC and Apple, you may remember, finally settled a longtime patent disagreement back in November, and Yam says the company is ready and eager to move on. In the interview, he called the lawsuits "a sword hanging over our heads," and said that being free of the disagreement will open up the company to "take broader steps" and "put more energy into innovation."

Analysts agree, saying that HTC's access to the licensed part of Apple's patent library means the company has a much better chance at navigating the market of new smartphones going forward. Previously, says one analyst, the company would have to have spent money on workarounds and coming up with alternative solutions to these patents, but now, HTC can move forward onto new innovations rather than trying to remake the past.

That's good news for HTC, obviously, and it's good news even for us Apple fans, as it means more competition on innovations in the future. Apple certainly hasn't shared every secret it knows, but at least this agreement means an end to the back-and-forth accusations this case had running in the past.

[via BGR]

HTC exec lauds licensing agreement with Apple originally appeared on TUAW - The Unofficial Apple Weblog on Wed, 02 Jan 2013 20:00:00 EST. Please see our terms for use of feeds.

Source

Apple ends Kickstarter project over Lightning licensing rules (updated)

Update: Ars Technica reports that Apple has reversed course on its decision and is allowing 30-pin and Lightning dock connectors to be on the same device for charging.

The team behind the Kickstarter-funded POP power station must refund all the money it collected after it failed to get approval from Apple to use the Lightning cable in its device. The POP portable power station is a high-capacity charger with four built-in retractable cords that charge an iPhone, iPad or Android device. Launched with the slogan "Power where you need it," the POP could charge multiple devices at once using either power from an outlet or from an integrated 26,000 mAh battery.

The project stumbled when it failed to get approval from Apple to use the company's Lightning connector. Apple has a strict program that governs the use of its Lightning connector and the POP power station didn't meet the company's requirements that the connector be used alone in a product. A device with a Lightning connector cannot be paired with an Android-compatible microUSB cable or even a 30-pin cable for older Apple devices.

Edison Junior, the company behind the Kickstarter program, is disappointed with this decision and has decided to abandon further work on the project. The company is refunding all the funds collected from supporters and absorbing any credit card fees as well as a whopping 5 percent Kickstarter fee totaling US$11,000.

Edison Junior CEO Jamie Siminoff told Wired that the company would consider releasing the power station in an all-Android version or with Apple's older 30-pin connector, if there was enough demand from customers or retailers.

[Via Wired]

Apple ends Kickstarter project over Lightning licensing rules (updated) originally appeared on TUAW - The Unofficial Apple Weblog on Fri, 21 Dec 2012 08:00:00 EST. Please see our terms for use of feeds.

Source

Seeking Alpha: Apple could make $4 billion a year from Android sales

Apple's cross-licensing deal with HTC seems like a good idea just from the viewpoint that it keeps the two companies out of the courtroom for a decade. Now J.M. Manness, writing for Seeking Alpha, points out that the deal and others like it could be a complete windfall for Apple. The company could make about US$4 billion a year from sales of Android phones if it was able to sign similar deals with all manufacturers using Google's mobile OS.

Between replacement smartphones and new sales, analysts believe that the smartphone market will be greater than 1 billion units by 2015. If Apple was to get an $8 per phone license payment from every Android manufacturer and Android phones were to pick up about half of the smartphone market, Apple would make $4 billion -- pure profit, of course, since there are no material or overhead costs associated with these payments.

Manness notes that this ends up being about $4 in earnings added per share of AAPL and says that "even at Apple's current depressed P/E of 12.5 (roughly), this alone would add over $50 to the stock price."

The only fly in the ointment for Apple investors is that so far, HTC is the only Android manufacturer that has agreed to a licensing deal. Samsung's mobile division CEO has publicly stated that the company has no intention of signing any such deal with Apple.

Seeking Alpha: Apple could make $4 billion a year from Android sales originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 15 Nov 2012 12:30:00 EST. Please see our terms for use of feeds.

Source

Doodle Jump getting an Arcade version, plushies via licensing deal

Doodle Jump has been moving along at a much slower pace than Rovio's Angry Birds lately, but of course it's one of the other early success stories from the App Store. Developers Lima Sky have updated the game almost constantly since its launch (including just recently to make it compatible with the iPhone 5), and as a result, it's a hugely played and downloaded game. Lima Sky has now turned that success into a major licensing deal with a company called Innovation First International. Thanks to this new deal, you can expect to see all sorts of Doodle Jump merch available soon, from plushies and collectibles to robotic toys and other merchandise offerings on the brand.

In addition to those toys, Lima Sky has also teamed up with a company called Innovative Concepts in Entertainment and a game developer named Raw Thrills to create Doodle Jump Arcade. That's an HD version of the game, played in arcades on a 42-inch HD monitor (similar to Fruit Ninja's arcade version, as well as the Infinity Blade arcade spinoff that appeared recently). That sounds fun! The Doodle Jump arcade game should be in Dave and Buster's and other similar places soon, and I'm guessing we won't have to look too far for that merch when it's finally ready.

Update: @wildcowboy on Twitter notes that Doodle Jump Arcade is already out and about in the wild. So if you want your Doodle Jump fix on the bigger screen, there's no need to wait!

Doodle Jump getting an Arcade version, plushies via licensing deal originally appeared on TUAW - The Unofficial Apple Weblog on Wed, 10 Oct 2012 16:00:00 EST. Please see our terms for use of feeds.

Source

Lodsys: 150 iOS developers give in to patent demands

Lodsys filed what many are calling a "patent troll" lawsuit against a number of smaller iOS developers last year, claiming that while Apple may have licensed its in-app purchase technology patents for iOS, individual developers have not, and should be held accountable for using it.

Despite the fact that this seems patently absurd (pun intended), Lodsys claims that over 150 developers have licensed the technology for themselves, with the majority of them actually doing so "outside of the litigation process." The exact charges of licensing the tech aren't known, but it's rumored to be around 2.5 percent of whatever revenues are earned with in-app purchases.

In other words, over 150 of the targeted developers have decided to pay licensing fees to Lodsys, rather than face the threats of legal action or further fines. Lodsys originally offered $1,000 to any developers it said had been wrongly targeted by the lawsuit, but of course that would be after costly court action due to the legal challenges. It's possible that these developers simply decided it wasn't worth the trouble fighting for their cause.

Apple promised to assist these developers in court, and tried to make the case that its own licensing payment covers third-party developers. But Lodsys says separately that the issue is still "unresolved and clearly contested."

Lodsys seems dedicated to going after smaller developers who lack the huge legal or monetary resources that Apple itself can use, and thus can be more easily threatened into paying out licensing fees rather than face an expensive court battle.

[via GigaOm]

Lodsys: 150 iOS developers give in to patent demands originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 09 Oct 2012 15:30:00 EST. Please see our terms for use of feeds.

Source

Audience Inc says Apple unlikely to use its audio tech in iPhones

Audience is a US-based company that makes voice and audio processors for mobile products. In the past, Apple used Audience's audio technology in the iPhone, but that may change with the next iPhone model, says a report in Reuters.

Audience's CEO Peter Santos told Reuters in an email interview that, "Events of the last week in the normal course of business led us to believe that our technology is not likely to be enabled in Apple's next generation mobile phone."

This admission sent Audience's stock tumbling down 60 percent as more than one-third of Audience's total revenue comes from licensing agreements with Apple. The company will still get royalties on older phone models, but that revenue will slowly dry up as Apple phases out the iPhone 4 and 4S.

Audience didn't say why Apple is no longer using its processors, but the company did hint that Apple is now using its own team to develop audio technology for the iPhone.

Audience Inc says Apple unlikely to use its audio tech in iPhones originally appeared on TUAW - The Unofficial Apple Weblog on Fri, 07 Sep 2012 13:30:00 EST. Please see our terms for use of feeds.

Source

Samsung case reveals that Apple has licensed iOS design patents to Microsoft

Apple licenses iOS design patents to Microsoft

During testimony today by Apple director of patent licensing and strategy Boris Teksler at the Apple vs. Samsung trial, it was revealed that in the past, the company has licensed some iOS design patents to Microsoft. The deal, which apparently also encompasses an "anti-cloning" agreement, covers the design patents under a cross-licensing deal between Redmond and Cupertino. Teksler's testimony, relayed by AllThingsD, pointed out that Apple and Microsoft agreed not to copy each other's products.

The two companies wanted to avoid a situation like the one that Apple is embroiled in with Samsung, which is accused of copying some iOS design features outright. Electronista notes that "Microsoft appears to have consciously avoided mimicking iOS in versions of Windows made for phones and tablets."

It's good to see that Apple and Microsoft are working hard to avoid any future legal battles, as the companies had a history of courtroom skirmishes over the Mac and Lisa OS interfaces in the past.

Samsung case reveals that Apple has licensed iOS design patents to Microsoft originally appeared on TUAW - The Unofficial Apple Weblog on Mon, 13 Aug 2012 17:00:00 EST. Please see our terms for use of feeds.

Source

Microsoft Increases Tablet Virtualization Fees to Stall iPad


Windows 8

Microsoft has a reputation for very expensive licensing and they have reinforced this by way of “a new optional add-on to its Software Assurance (SA) volume licensing agreement — called a Companion Device License (CDL).” This means that customers wanting to access corporate desktops remotely using their non-Windows-based mobile devices, like the iPad, will now come with an additional cost. For those who acquire one of these new licenses, up to four personal devices will be covered for remote access.

The new Companion Device License comes as an add-on to the Windows 8 Software Assurance (SA) volume licensing agreement, which should be an unwelcome surprise for large corporations expecting to be covered for mobile devices already –though Microsoft does allow tablets running the upcoming Windows RT (the operating system to be used on any devices running ARM processors instead of the usual x86 silicon) access free of charge. For companies not currently covered by a Software Assurance (SA) volume licensing agreement, the new arrangement may actually be less expensive.

The one piece of good news is that the currently restrictive SA Roaming Right rules are now much more relaxed in preparation for Microsoft having a tablet operating system equipped with a Virtual Desktop Infrastructure (VDI) that would have been affected.

Reactions to this news were not unexpected with most people calling Microsoft out on their obvious attempt to penalize those who choose to use a non-Windows-based tablet while holding on to any market-share they still have for dear life.

A specific cost has not been released, which may not be much of a shock when you consider Windows 8 isn’t available yet. While Microsoft promises we can get our hands on the new version of their operating system ‘later this year’, we have little reason to get our hopes up just yet. It may be an intentional public relations move to release this new license information prior to Windows 8 hitting the shelves in order to avoid the negative press this will surely generate, in which case I think it is brilliant.

[via CRN]

» Related posts: Microsoft Planning Its Own Windows 8 Tablet Microsoft Begins to Lure in iPad Devs with New Design Guide Microsoft to Unveil Windows 8 Powered Samsung Tablet at BUILD

OnLive Desktop changes from Windows 7 to Windows Server 2008

When OnLive launched its virtual desktop service for the iPad, it was rapidly rebuked by Microsoft over licensing issues with the Windows 7-based service. The company has switched from Windows 7 to Windows Server 2008 R2 and is now in compliance, says a report in Ars Technica and a post from Brian Madden.

Windows Server 2008 and Windows 7 are based on the same codebase and can be configured to look the same, so users shouldn't notice any change in the service.

OnLive Desktop changes from Windows 7 to Windows Server 2008 originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 10 Apr 2012 10:00:00 EST. Please see our terms for use of feeds.

Source

EU launches antitrust probes against Motorola after complaints from Apple, Microsoft

Apple and Microsoft filed separate complaints with the EU that accuse Motorola of using its essential, standards-based patents as weapons to curb competitor's products and advance their own, says a report in The New York Times. Under EU law, companies with patents essential to an industry standard like 3G must license these patents under fair and reasonable terms.

The EU has opened two investigations that'll examine whether Motorola failed to license its patents and is using them to win injunctions against the Xbox, the iPhone and the iPad instead. If it is found guilty, Motorola or its soon-to-be-parent company Google could be fined up to ten percent of its worldwide annual income.

EU launches antitrust probes against Motorola after complaints from Apple, Microsoft originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 03 Apr 2012 11:00:00 EST. Please see our terms for use of feeds.

Source

Microsoft confronts OnLive over Windows desktop-on-iPad licensing

In January we had a first look at Onlive Desktop. The free iPad app provides a connection to a hosted desktop Windows environment, complete with Windows 7 and Microsoft Office. Well, according to a ZDNet post today, Microsoft believes that OnLive is in violation of licensing terms.

Microsoft's VP of worldwide licensing and pricing, Joe Matz, brought up OnLive specifically in a blog post explaining the "Delivery of Desktop-like Functionality through Outsourcer Arrangements and Service Provider License Agreements." In this light-hearted, fun-filled post, Matz noted that "Some inquiries about these scenarios have been raised as a result of recent media coverage related to OnLive's Desktop and Desktop Plus services. Additionally, the analyst firm Gartner raised questions regarding the compliance of these services last week. We are actively engaged with OnLive with the hope of bringing them into a properly licensed scenario, and we are committed to seeing this issue is resolved."

Whether being "properly licensed" will cause the free app to go to a for-pay model is unknown, and OnLive has made no comment about Microsoft's concerns at this time.

Microsoft confronts OnLive over Windows desktop-on-iPad licensing originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 08 Mar 2012 16:30:00 EST. Please see our terms for use of feeds.

Source

Apple Reportedly Offering Licensing Deals to its Android Competitors


Dow Jones is reporting information regarding an interesting tactic that Apple is using in its multiple patent infringement suits across the world. Apparently, the iPad maker is willing to cut deals with its competitors by offering them licensing options for their patents.

Citing unnamed sources, Dow Jones writer Ian Sherr stated that Apple has offered proposals to Motorola Mobility and Samsung Electronics for royalty payments to license patents that are currently pending litigation. Sherr noted that, “Apple isn’t attempting to offer patent licenses to all its competitors or create a royalty business.”

In the past, Apple has spent more time targeting hardware manufacturers with patent infringement complaints than focusing on the software.

One source referenced in Sherr’s article said that the Android operating system is flourishing so much that constant infringement lawsuits and injunctions have become impractical. Licensing is an alternative that could add cost to Android development, while making it less appealing for manufacturers.

According to Sherr, Apple is asking its competitors for between $5 and $15 per handset, approximately 1 to 2.5 percent of net sales per device. Sherr also mentioned that Apple has previously criticized Motorola Mobility for asking 2.5 percent of net sales for its wireless patents.

Offering a license on a patent is a useful tactic on Apple’s part. By first approaching companies with license offers, the company can head off any lengthy or expensive litigation that they would get into if they just went straight to an infringement complaint.

Additionally, a move to attempt a settlement would look better for Apple if the patent issue was taken to court. Apple could definitively show that they were acting in good faith in an attempt to offer a solution that both companies could benefit from.

If the information from Sherr is correct, Apple will be taking a different approach than its founder, Steve Jobs may have taken. In his biography, Jobs said he would “spend every penny” of Apple’s money to fight against competitors that he said had copied the company’s technology for smartphones and tablets.

The company’s new way of settling things out of court would be a big change from the sue-happy business that Apple has become known for. Maybe it is time to put down the gavel and make nice with each other.

No related posts.

Motorola wants 2.25 percent of Apple sales to license patents

The ongoing patent spat between Motorola and Apple has reached an interesting crossroads. Just recently a German court granted an injunction against sales of many of Apple's 3G-bearing products, including older model iPhones and the iPad. That injunction held for less than a day, however, pending further review of Motorola's claims against Apple.

Florian Mueller of FOSS Patents found new information that suggests Motorola has offered to end the patent dispute and license its wireless patents to Apple -- in exchange for 2.25 percent of Apple's sales. It's unclear whether this is a percentage of all Apple revenues or, more likely, a percentage of sales of devices which contain a 3G antenna and therefore potentially fall under the umbrella of Motorola's patent claims. In either case, Mueller finds the 2.25 percent shakedown "excessive," and it only takes a glance at Apple's latest quarterly earnings statement to see that Apple finds it pretty excessive, too.

Revenue from iPhone sales, in aggregate since 2007, amounts to just under US$93 billion. Motorola's cut of those revenues would have been nearly $2.1 billion over those years. Since the iPhone sales juggernaut shows no signs of slowing down, Motorola's cash pile would only grow bigger over time -- and those numbers don't include sales of the Wi-Fi + 3G iPad, which Motorola also claims falls afoul of its patents.

What makes this move seem even skeevier is that Google is in the process of trying to acquire Motorola, meaning that if Motorola succeeds in its claim against Apple, Google would eventually be collecting a patent tax on the iPhone and 3G iPad.

Apple has filed motions to obtain information from several other handset vendors, including Nokia, HTC, LG, and Sony Ericsson, presumably to find out how much they're paying in royalty fees to Motorola for the patents in question. If it turns out that Motorola is demanding more from Apple than it's demanded from those other companies, the judge in the patent case is going to want to know why.

Motorola wants 2.25 percent of Apple sales to license patents originally appeared on TUAW - The Unofficial Apple Weblog on Sat, 04 Feb 2012 17:00:00 EST. Please see our terms for use of feeds.

Source

Amazon music player aMusic pulled from App Store

James Clancey of Interactive Innovative Solutions has written two applications that let you stream your music to your handset. One app, gMusic, connects to Google's Music Beta service and another, aMusic, connects to Amazon's Cloud Music service. The future of these two apps may be in limbo. aMusic has been pulled from the Appe Store and Clancey has released the following statement to Evolver.fm:

There are some legal issues with the music industry. The aMusic [app] is down temporarily. It will be back. Unfortunately I do not have a specific date when it will be back.

Also, Apple has been delaying my gMusic update. I submitted it 2 weeks ago. Every other update I have submitted within the 2 weeks has been approved in under 8 hours. So not sure what the deal is.

These legal issues are likely a result of Amazon's tenuous relationship with the music industry. Amazon launched its Cloud Music service earlier this year and the digital music locker has been under fire from the music industry. At the heart of the controversy is whether Amazon needs licensing, which has not secured, to offer its digital music locker service. It's unfortunate that aMusic has gotten caught up in this messy battle over digital music rights.

Amazon music player aMusic pulled from App Store originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 01 Nov 2011 14:30:00 EST. Please see our terms for use of feeds.

Source

Apple seeks international licensing for iTunes Match, iCloud

According to a report from CNET, Apple is actively negotiating with music labels to secure international licensing for both iTunes Match and iCloud. Currently, iTunes Match only functions for US-based developers; iTunes in the Cloud, which auto-syncs purchases across devices, is also a US-only affair. CNET believes the service may be able to roll out internationally and debut at Apple's October 4 press event if negotiations can be completed in time.

CNET's sources have said the service may roll out to the UK, France, and Germany initially. Hopefully it won't take too much longer for licensing deals to enable service across all nations with access to the iTunes Store.

iCloud and iTunes Match are both expected to debut this fall, possibly soon after Apple's media event next week. The services will likely launch alongside the public release of iOS 5 and OS X Lion 10.7.2.

Apple seeks international licensing for iTunes Match, iCloud originally appeared on TUAW - The Unofficial Apple Weblog on Fri, 30 Sep 2011 20:00:00 EST. Please see our terms for use of feeds.

Source

Google Lashes Out at Apple and Microsoft

GoogleWe are all too familiar with stories about wars being fought for democracy or oil, but who knew the next big war would be over mobile device patents? Recent multi-billion dollar sales of numerous patents previously held by technology giants Nortel and Novell motivated David Drummond, Senior Vice President and Chief Legal Officer for Google, to cast the first stone with a blog post on the official Google Blog that can only be described as a rather obvious attempt to incite a riot among Android supporters.

While many of his complaints may be rooted in truth and reason, if you read between the lines it sounds like the tantrum of a toddler. Didn’t you know that everybody is being mean to Google?!

So what is all the fuss about? Let’s review:

Drummond claims patents are being sold for far more than they are worth.
From my vantage point, it seems that the patents were purchased ‘fair and square’. When there is a bidding war, it’s common for prices to rise well above what was expected, so what? Sounds like Google is most upset that their own bid for these patents wasn’t high enough to win them. I guess when determining their worth it is only equivalent to what Google was prepared to pay.

Drummond accuses Microsoft and Apple (chiefly, though other companies were involved in the purchases) of employing an anti-competitive strategies by licensing and charging for the patents that they rightly own.
Acknowledging that I am not a lawyer, it would seem that by making the patents available for licensing, nobody is being anti-competitive. Quite the contrary. Google is welcome to use them, they just need to compensate the parties who own them.

Drummond’s post contains one other thing that truly deserves an eyeroll. If I may be allowed to paraphrase, he says that Android is really popular and they give it away for free therefore it’s just not fair that they have to pay for the research and technology that makes it possible.

Let’s pretend for a moment that Google would have given everything away to their competitors for free had they been successful in their own bid to purchase many of these patents, and consider the point that John Gruber hit home by saying the thing we’re all sitting here thinking: “It’s OK for Google to undermine Microsoft’s for-pay OS licensing business by giving Android away for free, but it’s not OK for Microsoft to undermine Google’s attempts to give away for free an OS that violates patents belonging to Microsoft?”

The response? Microsoft didn’t skip a beat. Following Google’s accusations and insinuations, they responded quickly and succinctly with two tweets that have most of us wanting to give them a high-five.

Brad Smith, General Counsel for Microsoft says:
Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.

Frank X. Shaw, Lead Corporate Communications for Microsoft says:
“Free advice for David Drummond – next time check with Kent Walker before you blog. :)
(The tweet also contains a link to a graphic of an e-mail between Microsoft and Google supporting what Brad Smith claimed in his tweet.)

So far Apple has been fairly quiet on the matter. But after those tweets, what more is there to say?

Apple, publishers reportedly close to completing cloud music deal

Apple's music streaming service is inching closer to launch according to industry sources. Earlier rumors suggest Apple already inked licensing agreements with three of the four major record labels, including EMI Music, Warner Music and Sony Music. The one remaining holdout is Universal Music, which is still working with the Cupertino company.

Besides the record labels, Apple also needs to obtain publishing rights from the individual music publishers. Insiders claim only a small amount of cash is keeping Apple from inking these final agreements, but these negotiations can be long and messy.

There is supposedly some tension between the music publishers and the record labels that has to be ironed out before Apple can launch its online streaming service. The record labels are not happy that publishers are getting the bulk of the cash Apple has put on the table for its cloud service. Wisely, the Cupertino company is reportedly playing the two music entities against each other and letting them duke it out. Apple hopes this money problem can be resolved and negotiations will wrap up in time for a WWDC announcement.

Apple, publishers reportedly close to completing cloud music deal originally appeared on TUAW on Tue, 24 May 2011 15:00:00 EST. Please see our terms for use of feeds.

Source | Permalink | Email this | Comments