01
Aug
nexusae0_wm_DSC03770_thumb

Update: Microsoft's PR agency reached out to clarify that the lawsuit is not over a failure to pay, but merely a failure to pay on time and with accrued late payment interest. This lawsuit just got a lot more boring.

According to re/code, Microsoft filed a lawsuit against Samsung today for failure to pay royalties as part of a contractual IP licensing agreement between the two companies. The agreement in question is for Microsoft's infamous smartphone patent portfolio, which has pretty much every Android OEM in the US paying out a percentage of their handset sales to the struggling Windows Phone maker.

wm_Samsung1

Microsoft claims that shortly after it acquired Nokia late last year, Samsung stopped paying the royalties. It's not clear why Samsung stopped paying (MS calls it a "fundamental disagreement") and Microsoft is filing this lawsuit to get Samsung to cough up the dough.

Why would Samsung cease payments around the time Nokia was acquired? It's possible that the perceived threat of Microsoft, at that point, became much higher: Samsung was only paying royalties to makers of a rival operating system previously. Once Nokia was acquired, they were literally putting money in the hands of a competing phone manufacturer. That can't sit well, especially considering Samsung's bitter legal spats with Apple in the last few years.

Samsung has also greatly slowed its lineup of Windows Phone products this year, with the Galaxy ATIV SE being the only major Windows Phone release of 2014 for the Korean smartphone giant. Could Samsung and Microsoft officially be on the rocks with this new suit? We'll have to see how it all plays out.

re/code

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • https://twitter.com/#!/psychomaniac189 psychomaniac189

    How stupid. That's like not paying a credit card bill. You know they're gonna come after you.

    • blix247

      Anything is possible, but it is highly unlikely that a multibillion dollar conglomerate like Samsung just forgot to pay.

    • kashtrey

      It's more like a store owner who stops paying their "protection money" from the mob one day. Odds are the mob will torch their store but they're taking the chance to call the bluff.

    • ConCal

      Not exactly...

  • jjredfish

    Cheaters gonna cheat. Nothing new. Same old Samsung.

    • Lettuce

      Shut up you stupid cabbage.

      • jjredfish

        Truth hurts, Samsung Lettuce-boy.

        • Leo

          Rotfl, still raging over that 85% apple boy? How does it feel to see your precious oem slowly become again a niche for those uneducated in technology?

          • jjredfish

            Samsung profits decline as other OEMs eat its lunch

            Samsung's profits fall 20 percent as Galaxy S5 sales disappoint

            Samsung downbeat on Q3 prospects as profits slide

            Samsung's profits drop over 24%

            Samsung Reports Mobile Division Profits Fell 30% while Hinting of ...

            Samsung Is Losing Market Share to Chinese Competitors

            Samsung loses market share to Apple in smartphone battle

          • Leo

            Let me guess, all coming from Cult of Mac?
            Oh wait, Xiaomi just surpassed Apple in China, you seem to have skipped that news.

            Sorry, no denying the truth: while Android OEMs battle for dominance, providing us with better tech and lower prices, your precious Apple is inexorably becoming more and more antiquated and irrelevant. Bye bye dominant market share in phones, and even that in tablets, goodbye exclusive apps, goodbye int'l markets. Hurts, doesn't it?

          • jjredfish

            Apple has never had a dominant market share in phones. Not once. Yet every quarter they sell millions more iPhones than ever before.

            They also make the vast majority of the profits for the entire segment every quarter. While Samsung is losing all their profits (see above), and none of the other Android manufacturers has ever made any (or very little, comparatively).

            Apple cares not one bit about the bottom of the barrel profitless segment. Except to the extent they are "starter-phones" for the people who will one day graduate up to iPhone.

          • Leo

            Oh oh oh, strange, because all apple fanboy kept rambling about that domination. As for Samsung, let me get this straight, they still rack up impressive profit and you are there hoping for their demise, so big bad Galaxy won't hurt your precious iPhone?
            Sorry to disappoint you, but the other OEMs are still enjoying a degree of success and money,. Apple has it easy, as they conveniently roll up the profits from iTunes, which predates the smartphone revolution. And even that success is quickly eroding, what with Amazon and Google play nipping at its heel.
            And don't make me laugh, the iPad mini and the 5c were pathetic attempts to enter even the mid range fray. But why would people buy an inferior, outdated, under specc'd device as an iPhone or iPad when they can pay less and still get an android device that is vastly more powerful and feature packed?

            Not my fault if all you can use is a relic from the past that can barely display a grid of icons. Maybe one day you will graduate to Android (you know, the OS iOS 7 and 8 have been copied from).

          • jjredfish

            Your comedy is as poor as your knowledge and intellect.

            What? You weren't trying to be funny? Eeg...

          • Leo

            Resorting to insults now? Tsk tsk tsk...
            Oh well, another iTroll left speechless and hitting the dust. They are as easy to frustrate as their devices are obsolete.

          • jjredfish

            Oh, you really WERE serious!

            That IS funny.

          • Leo

            Always a pleasure to make you poor iTrolls cry in frustrated rage :-)

          • jjredfish

            I always figured you robots were frustrated sadists. And now you admit it.

          • Leo

            This last post makes little to no sense... Guess the troll went mad from its own rants.
            Oh well, time to move on.

          • jjredfish

            In the last three quarters, which included NO new iPhones, and at the end of their 2-year upgrade cycle, Apple sold a whopping 46 million iPhones per quarter (average), which = over 15 million iPhones sold per month.

            At a higher ASP, and a higher profit than any other phone.

            Stomp.

          • Leo

            Profit comes natural, when you sell mediocre tech at insane prices. But looks like you are still in denial: all Android flagship phones alone equal that "whooping" number, adding into the fray also the mid tier would destroy poor little iPhone.
            And considering most iPhones sold are the oldest, cheaper variants anyway, looks like a fair fight. Hm, actually it seems your precious Apple survives off its cheaper phones, how ironic. Moreover, I'm still damn curious to see a more accurate and independently validated breakdown of their numbers, what with their past of manipulation.
            I'm sure you can guess your simpleton mind's next argument: one phone against an army. Choice, my ranting sheep: an android user can pick the device best fitting his or her needs, all of them vastly more powerful than the iPhone. And even the mid range steamrolls over Apple's devices effortlessly.
            Your perpetual denial, although amusing, indicates a rather severe buyer's remorse. Or you hope owning an iPhone will improve your social status, as per Apple's marketing pitch? Or just lost your mind after Inc's latest data? I'm rather intrigued.

            No matter how you twist and turn the song, it's a losing game for Apple. It's impressive, jobs wanted Android dead and now his nightmare has come true, iOS and iDevices turned into relics of the past by the OS he despised.

            Off to work now, guess I will at best miss another mad rant from a delusional sheep

          • jjredfish

            Apple will continue to make the lion's share of profits, while gaining more and more of the profitable market share of the industry.

            While all the Android manufacturers race to the bottom of commodity-ville. "Oh, but we sold 100 trillion phones (and only lost 17 trillion dollars)!"

            Anyway you slice it, Apple wins.

          • Leo

            And anything to back up your claims? Where are the numbers? The M8 is made of aluminum, so even Apple is using a cheap material now? The new Xiaomi incorporates sapphire already, is Apple copying from a Chinese manufacturer?
            All the analysts agree that Apple rakes in those profits merely by selling underpowered, cheap hardware at a ridiculous price, and even then it's now down (April 14) to 60%. Wow, they are actually losing share.

            I see you are now down to personal conjecture, guess I can safely conclude you are desperately gasping for air. Another ifan bites the dust.

          • jjredfish

            Anything you have to say fails with one simple sentence:

            Apple always has, and always will, dominate the profitable segment of the market.

            The End. Thanks for playing.

            Enjoy all that worthless "market share" you are so proud of.

          • Leo

            Simple post without a single piece of data. Well, the end indeed, but for you.
            Apple is, as usual, dominating nothing but your mind.

          • jjredfish

            I was thinking Apple was beating Samsung by 2 to 1 in profit, but it's actually closer to 2.4 to 1. Funny that you should choose the word "dominating"...

            "Apple was particularly dominant, as it generated around $133 billion in profits, or just under 62% of the total. Samsung trailed far behind but still generated a healthy $56 billion in profits, or around 26% of the total. As for everyone else? Well, it wasn’t pretty."

            http://bgr.com/2014/03/18/apple-samsung-smartphone-profits-3/

          • Leo

            Interesting. "last 6 years", so 2008-2014. Basically, long before Apple's fall from grace. Something more recent? You know, something that accounts for Apple's loss of marketshare and overall relevance in the mobile world?
            I actually promised myself to just sit back and laugh at your attempts, but seeing you try to use carefully selected news is too much fun. You're not Jobs, kid.

            And what's with the hatred for Samsung? Did that cute girl you wooed shunned your tiny iPhone for a larger Note 2?

          • jjredfish

            Seriously, 2014 - the CURRENT year, if you haven't noticed - is not current enough for you? Oh, yes, sorry... I should have cited an article from a year from now! [rolls eyes]

            You are REALLY grasping for (future!) straws now.

            You don't get it. Apple doesn't care about the profitless segment of "market share". Not only do they not try to get it, they don't WANT it. You are trying to accuse them of losing a game they aren't even playing.

            If I had to choose between owning two companies (and we do - through stocks), one with 90% of the "market share" and the other with 90% of the profits. I will choose the one with all the profits.

            Also, consider what this lack of profit means about your "market share". It means your products are not good enough to be sold for a profit and must be GIVEN away for free and/or at cost. Those are not "sales", they are "gives".

            You can put any old trash out on the sidewalk and someone will pick it up for free.

          • Leo

            Apple released the Mini, the 5c and will release a "phablet" iPhone to compete with Android, and guess what? All those attempts were met with utter failure. When your prospective customers are accustomed to using a superior OS on superior hardware, the distortion field fails to work.
            https://twitter.com/asymco/status/445872274907074561

            This is what the source of the article says. Notice "last yrs". I see you have also a severe lack of reading and/or critical skills...

            No wonder you own an iPhone, it's a simple device for simple minds. Over and out.

          • jjredfish

            Are you really that thick? The ARTICLE is from THIS year. The study is over the 6 MOST RECENT years. Wow.

            And being over multiple years just shows how much more dominant Apple has been - for over half a decade. On top of that, Apple has INCREASED their sales, revenue and profits EVERY year.

            As for those "failures"...

            Name any company's second-level phone (the one below their flagship) that was more profitable than the 5c since its release.

            Name any tablet that was more profitable than the iPad Mini since its release.

          • Leo

            Love the smell of desperation :)
            So the article is from this year, but you were unable to notice the data it was based upon was an average of the last 6 years. As I said, a simpleton for a simpleton's phone.

            Apple's got a certain mastery of manipulation: as I said, over and over (and will not repeat myself), they increase their profit merely by streamlining the production process, hence reducing costs whilst maintaining their absurd profit margin - when you have such guillible customers, it's easy to do so. I proved, with the math above, that each company is in some way having profit on each unit sold, but since there is NOT the same level of ("scamming! profits are obviously lower. Over these six years, Apple has gone from dominance (2008) to being a minor player, each year releasing a copy of the previous phone and trying futilely to play catch up with Android, that's why all of its percentages are quickly decreasing (apps, revenue, units sold, etcetera), forcing them to optimize and streamline as much as possible.
            Allow me to correct your statement: how much Apple WAS dominant, before Android took the crown.

            And love the futile attempts on the Mini and 5c: Apple was forced to roll up sales in order not to admit that a) people are buying their CHEAPER iPhone variants b) the 5c and Mini tanked spectacularly. You will find articles aplenty on how Apple Stores went deserted during the Mini's launch day, to the point of the Nexus 7 outclassing it in Japan (I was at my own Milan Store that day and there were 20 people exactly. Laughed hard). Should you ever turn 16 and earn enough for a ticket outside the States, you will see L Series aplenty, even more Galaxy (basically, here yu can either buy a S4 Mini or opt for an S3), whereas people are nuts for Samsung's Note series. Why buy a useless iPad when you can have a Wacom digitizer?

            Don't rage kid, it's evolution: a dumb phone got outclassed by a wide range of devices with better hardware and the leading mobile OS, Android that is. No amount of rage will change that.

            And this is how the story ends. Now, go back to crying and trolling, maybe you'll get over your dreams of owning Apple stock and picking up girls waving your iPhone to them :)

          • jjredfish

            I don't know where you get your (mis) information, but Apple has NEVER dominated market share of the smartphone industry. Not once. They don't want to sell piles of profitless junk. They don't play that game.

            Apple has, however, dominated the PROFIT share of the smartphone industry since they started selling phones, and to this day.

            You still haven't answered the questions about Apple's supposed "failures":

            Name any company's second-level phone (the one below their flagship) that was more profitable than the 5c since its release.

            Name any tablet that was more profitable than the iPad Mini since its release.

            All those Android manufactures can only dream they could "fail" so well!

          • Leo

            I think you got it wrong. That's Apple users: frustrated due to their antiquated tech, sadistic as they keep purchasing them even knowing of their inferior hw-sw

          • jjredfish

            That's why they have the highest satisfaction rates in the industry.

          • Leo

            Samsung overtook that. Try again.

          • jjredfish

            Nice try. How about something up to date, and by the most reputable customer satisfaction survey company in the world (not something called "Forrester"??!, which is what you referenced, whose methodology, btw, didn't even include the products themselves!)

            J.D. Power, April 25, 2014: "Apple topped the charts across the board, beating Samsung on all major US carriers.

            And, "the iPad Mini with retina display had 100% customer-satisfaction rate, and iPad Air had 98% customer-satisfaction rate"

            Find any Samsung or Sony mobile products that did better.

          • Leo

            http://bgr.com/2014/04/24/apple-vs-samsung-customer-satisfaction/
            By a single point. Ad in the US even, basically the only market left where Apple stands a chance. Oh, and before I forget, the ACSI showed the iPhone 5S getting trumped by the ancient Note II even!

            http://www.theacsi.org/customer-satisfaction-benchmarks/benchmarks-by-brand/benchmarks-for-smartphones

            Sweet lord, I knew Apple was taking the fall even in the States, but searching shows peopl have come to realize just how pathetically underpowered and under specc'd their mid-tier hardware is.
            As for the Retina Mini, no wonder satisfaction is so high... they sold so few of them. Always the same song and dance: Android dominates the 7" scene? They cobble together a rip off from iPad 2 leftovers... and fail. Android offers larger sreens? Now, after dwindling sales, here come larger screens. Photocopiers ahoy in Cupertino... the trend setter is, apparently, forced to follow the new leader to stay relevant.
            I'm curious however, how does it feel to defend a piece of obsolete tech everyone else is dumping? Buyer's remorse?

          • Leo

            Thought I had replied to this. Oh well, let's do it again.

            http://bgr.com/2014/04/24/apple-vs-samsung-customer-satisfaction/ <- by a single point. Wow. And with Touchwiz even! Guess the Nexus line obliterates the iPhone, then.

            http://news.investors.com/technology-click/052014-701495-samsung-tops-apple-in-smartphone-satisfaction-survey.htm

            Investors seems to disagree, and indeed a stagnant, outdated lineup tends to get boring rather quickly. And, news just in, Apple's enterprise share is now at 60%, with Android gaining steam. Hmm, looks like there are thunderous (i)clouds ahead, Apple boy. Get some more handkerchiefs.
            Can't wait to hear Cook's desperate babbling and gratuitous attacks during next keynote, selling another antiquated device at ridiculous price points.

          • jjredfish

            Investors? AAPL is within a few dollars of its all time high!

            And their "stagnant, outdated lineup" of premium phones and tablets outsells all the others by a large margin. Even at the end of their product cycles, year-old Apple products outsell newer competitors.

          • Leo

            Yup, I noticed, they are ALMOST regaining their $100 per share... circa 2012. I just hope investors won't mass-sell stock after the next "recycled iDevice" announcement - ops, I meant keynote.

            "By a large margin"? In the USA, I hope you mean, as everywhere else the iPhone is struggling more and more to compete with the more powerful and evolved solutions the Android panorama is offering. Heck, even WP is starting to nip at Apple's heels, marketshare wise.
            Face it, the USA have quite a lot to lose when switching ecosystems (thanks to iTunes, in no small part, and the pre-Android era), everywhere else people have come to a very simple and quite logical conclusion: why pay for a phone/tablet that is overpriced, technologically outdated, non-standard, not compatible with non-Apple devices and runs an antiquated mobile OS? That's why they buy Android: better hardware, superior software, full compatibility, all in a cheaper package. Last sunday I placed my Nexus 4 next to a 5s, and sweet Lord, the latter looked like a Fisher Price toy.

            Oh, and before you go gung-ho about "premium" products: Teclast encases his devices in aluminium, the Nexus 4 is glass, Xiaomi alread has a sapphire glass phone ready and yes, the Atrix DID have a biometric sensor back in the day. Premium aluminium that comes on a $100 tablet with a chinese SoC that outdid the iPad3 back in the day. You guys really are something, why so stubborn in paying so much for so little?
            Cry all you might, 2007 is long gone, Jobs is aswell, and all that Apple magic is, thankfully, dissipating.

          • jjredfish

            Please tell me how Samsung's stock price is doing compared to its all-time high. How about their profits? Down, what was it... 24% in the last quarter alone? How about the share price and profits of any publicly traded Android phone manufacturer? All this while Apple is at the very bottom of its product cycle, with its oldest phones still stomping newer Androids. And a host of brand new products about to roll out. Sucks to be Android. And Fandroid.

          • Leo

            Are we talking about Samsung Mobile or Samsung Electronics? You know, the colossus that provides parts to your underpowered toy?

            From BGR:
            "The company blamed the results in part on the Korean won’s appreciation versus the dollar and the euro, and it also said sales of entry-level and mid-range smartphones were weak in some Asian and European markets due to slowing demand and strong competition." Welcome to Android, kid, where we don't gobble up whatever a certain company tells us is good, but rather one can buy whichever device better suits his or her needs. Devices that, 90% of the time, will steamroll your poor iPhone with better hardware, the most powerful mobile OS available (Android) and excellent interoperability with other electronics. As for other OEMs, they lack Samsung's PR department, and yet they manage to turn a profit and even vie for the top tiers - see Xiaomi and Oppo. And all of them offer a vastly better experience than an iPhone.

            Again, a fact you purposefully ignore (no surprise, it would make your castle of cards crumble pathetically), Apple is doing reasonably good in its home turf (the States), anywhere else it's slowly falling back down to its proper place of niche company with mid-tier, overpriced products. Stomping newer Androids? Hardly, as Samsung phones force them to an appropriate second place in the USA (and third anywhere else) and the combined might of Android OEMs makes those seven millions a joke.

            Sucks to be stuck with an ancient iDevice. As I said, most powerful buyer's remorse I've ever seen, but guess you'll learn, one day, to manage more powerful software such as Android, start with an Android One phone, should suit your narrow mind perfectly. As I said, it's over: outside of the States, where iTunes makes switching ecosystems monetarily painful, the iPhone and iPad are quickly losing traction - couldn't be otherwise, who wants a toy that's forced to copy and follow other OEMs to compete? At a price premium, even.

          • jjredfish

            The only number you need to know:

            Apple makes 2/3 of the WORLD profit in mobile devices.

            Boom.

            Scoreboard.

            If Android makers want to inflate their market share numbers by giving away cheap, profitless devices, Apple will just consider those "starter phones" for people who may someday be able to afford a real phone - the iPhone.

            Apple does not make cheap phones - on purpose. They are not in the cheap phone market. And they never will be. Period.

            You can't compare Apple's market share to that of companies that give away cheap Android phones, because it is completely pointless - they aren't even playing in that game.

            That is as ridiculous and stupid as saying "LeBron James sucks - his number of touchdowns per game is atrocious!"

            If you want to compare the market share of premium phones in the highest price ranges, then you have a valid comparison. Until then, all you are really saying is that Android makers give away/nearly give away many more phones than Apple. To which I will say, I agree completely.

          • Leo

            Apple makes... um, what? Let's do some quick math, just to further humiliate your rants: Apple sells 7 million phones at a 40% markup, so for asda 799€ iToy that's roughly 320€. Multiply that for 7M and you get 2.240B which is rather respectable.
            Now, let's consider the Galaxy S5: 599$, but costs 256$ to build, give or take.1.280B give or take, which is rather nice aswell but... what if we factor in the G3? And the Nexii? And Sony's devices? And Motorola's? Uh oh, sounds like Apple's share is quickly spiraling down... that's why they are desperately manipulating numbers, their stranglehold is now nonexistant, the only buoy left for them is iTunes. And guess what? They don't provide figures breakdown. Uh oh...
            And wait, there is more! Let's combine numbers: LG churned out 14 million phones in a month, the largest part of which are G3's (let's do a few counts, 1.1M if we have to take Korea and Italy as the lowest common denominator), then we have Sony (which is too busy counting PS4 money to release goddamn sales figures, but I estimate a 1M Z2's), then there's Motorola and Google itself, and HTC with 4M M-series sold... wow, a lot of high end phones utterly devastating Apple... no one is surprised.

            Your "Android is cheap!" argument is null and void, as "cheap" handsets are considered the S "minis" and up, which cost a rather pretty penny and still outclass the iPhone in power and functions.
            Oh and Apple DOES make poor attempts at producing cheap phones: the iPad Mini was built from recycled iPad 2 parts, the 5C was a ridiculously cheap, underpowered, underspecc'd phone no one cared about... too bad they thought people would gobble them up, whereas users bought powerful Android hardware for the same price. Oh, and as I said, and you again conveniently ignored, Teclast uses aluminium (same as Apple's, mind you), Xiaomi has sapphire covered production units out to testers... premium indeed! /s
            tl;dr: Apple's magic is gone, and this guy is literally on his last straw blurting out old pr stunts. don't believe that? Sales figures and marketshare data, more than enough to disprove you. Well, unless all you can do is readAppleinsider and "Cult of Mac" :)

            Unfortunately (for you), the iPhone and the iPad are exactly what you said: toys for those who are probably too mindless or unskilled to use superior OS'es such as Android. People learned, then switched to a superior operating system. That's it, no amount ofrage and buyer's remorse from you will change that. Nor blurting lies that can be easily torn apart. The iPhone is the toy, the "real" phone is Android, or Win8 "pro", and nothing will change that, much to your chagrin.
            Now, what will be your next attempt to counterargue (ending up looking like a fool)?
            *bows*

            P.s.: I see your replies are getting shorter and shorter, either you are too enraged to read my entire posts or you are running out of options. Sucks to defend an inferior device, hm?

          • jjredfish

            Funny that you wrote all that garbage. I stopped reading after you said Apple only sold 7 million iPhones.

          • Leo

            Right, I forgot to add the "5M" to the S5. Fixed, thank you.
            I know, truth hurts, but don't worry: maybe one day you will be able to "graduate" from the iPhone and get a nexus 5. So you'll know what it's like to use a powerful and evolved mobile OS :)
            Now go back to cradling your iPhone in tears.

            (in case you didn't notice, iPhone sales fluctuate wildly, I was referring to a single month for the same time span I could cross-reference other devices in. And guess what? All Android high end phones, combined, steamroll the iPhone. Quality, price, features, it' not hard to beat Apple when you can offer all that)

          • jjredfish

            Wrong. Apple sells 50 million iPhones per quarter.

            And even if you had been right, what is the point of selling all those phones for no profit? Only Samsung makes any profit at all, and they only make half as much as Apple. Or, did... they are currently getting undercut and pulled down by the other Android profitless multitudes.

            Android is commodity, and no one pays premium for commodity. Apple is premium, and the market willingly pays a premium price for its products.

          • Leo

            Hmm, let's do some more quick math...
            Samsung: $343 per S5
            LG: approx. $280 as it varies by account (MSRP $599) per G3
            Sony: ~$329 (MSRP $574) per Z2

            So, basically, it took me just some math factoring in the top three manufacturers and their top tier offerings to smash your argument to pieces. Should I factor in also Xiaomi, Lenovo/Motorola and Oppo the result would be too cruel for your weak iFan mind.
            Long story short, even though you'll hate it: each Android flagship is turning a profit for the manufacturer. Any more lies?

            Moreover, the iPhone moved 44M, though as always they did NOT release per device breakdowns, which by all ends and means could signify a horde of cheaper older models. Love how they were forced to admit the Mini tanked badly.

            Let me correct your farnetication: Android is, nowadays, the most powerful, most evolved, most feature packed, most compatible ad comprehensive mobile OS on the market, and everyone is more than happy to pay less for much, much more.
            Apple is just a toy for deranged kids and wannabe elitists (you), and basically all they can do is rake in whatever sales the US, UK and assorted breadcrumbs allows them to. The market has long since moved on to Android, and marktshare data shows exactl that.

            God, I love tearing your fanboy arguments apart :)

          • Leo

            What in the seven hells is Disqus doing deleting my replies? Damn IE.

            Anyway, let's cut to the chase: Samsung slipped due to competition offering better devices at better price points, which coincides with LG, Sony, Xiaomi, Oppo etc rise in numbers, all of which offer cheaper, more powerful, more compatible and flexible offerings than your ancient iPhone. And it shows:
            http://www.androidpolice.com/2014/08/14/idc-android-now-accounts-for-84-7-of-all-smartphone-shipments-grew-33-3-year-over-year-this-quarter/

            Get over it, you are not fooling anyone: Apple is (barely) holding its ground in the States, aywhere else the magic is gone. And it's rather obvious. I expect Apple to copy aplenty during its next keynote - the only way they can manage to stay relevant.

    • MikeJwF

      Yeah because Microsoft really trying....

      • jjredfish

        Trying to do what?

        Samsung willingly agreed to this license. Now they aren't paying what they agreed to, and what they owe. I know their business is going downhill fast, but you would think they could still pay their bills.

        • PiLoT .

          there business is failing? since when

          • Doakie

            Don't mind him. He's just a little derp.

          • jjredfish

            Samsung profits decline as other OEMs eat its lunch

            Samsung's profits fall 20 percent as Galaxy S5 sales disappoint

            Samsung downbeat on Q3 prospects as profits slide

            Samsung's profits drop over 24%

            Samsung Reports Mobile Division Profits Fell 30% while Hinting of ...

            Samsung Is Losing Market Share to Chinese Competitors

            Samsung loses market share to Apple in smartphone battle

            and more...

          • PiLoT .

            yeah thats mostly recent headlines. you forget that before the one m8 htc has had about 3 years of loosing profits

        • Leo

          I think you got it wrong. It's Microsoft the one going downhill

  • derp

    Which patents does Microsoft own that OEMs have to pay for? Or is there too many to list?

    • Mark

      Recently discovered 99% are wortless

      • Fer

        And yet to you may use a micro SD card...

    • AOSPrevails

      An obvious one is their FAT patent :http://www.microsoft.com/en-us/legal/intellectualproperty/iplicensing/programs/exfatfilesystem.aspx
      Which affects every single Android device with a micro SD slot.

      • Hhh

        The FAT patent is a crock, the only reason we use FAT formatted sd cards is so they wotk when you plug them into yoir windows machine.

        So Microsoft ate using their dominance in the pc sector to go extort money in the mobile sector.

        • Yowan

          It could go the other around as well. Major OEMs could go with F2FS and force Microsoft to implement a driver in Windows.

          • CoreRooted

            Given that 80+% of the PC market is still dominated by Windows, that wouldn't happen and would be hard for even a company like Google to try to force. I've said for a long time this is why I think Google has pushed so hard to get rid of SD Cards. Get rid of SD cards and you reduce the need for the FAT/exFAT file system and use of the patent. But no, people clamor for their SD card support and, well, there ya go.

        • ElfirBFG

          Windows machine? Ew.

  • senor_heisenberg

    Maybe after China revealed the Android patents MS is licensing, they now know they can workaround them.

    • AOSPrevails

      As long as your are producing Android devices with micro SD slots, your factory is a running ATM for M$.

    • http://petercast.net Peterson Silva

      Er, did Samsung sign the contract without knowing what the patents were? We, the audience, did not know. I'm pretty sure Samsung knew.

  • https://google.com/+LateefAlabiOki Lateef Alabi-Oki

    Good. Most of those patents are laughable anyways. Let them battle it out in court.

  • Defenestratus

    Well when you stop paying the mob their "protection fees" then kneecaps are going to be broken.

    Samsung is going to find out the hard way - yet again.

    • Ashish

      For Samsung it'll be more of a bruise not a broken bone. That's why they do this kind of stuff. Its all strategically done on purpose.

  • yungtris

    Please edit the article before posting it next time. Thanks.

    PS. It's been edited now, but earlier on it had several mistakes.

    • http://www.androidpolice.com/ David Ruddock

      I am very sorry that reading a couple of typos has caused you harm. Typo-related stress and injuries are becoming all too common in this era of instant gratification, like the impulsive tendency to leave comments on blogs pointing out that said blog contains an error or errors of some kind at some point without specifying said error[s].

      • yungtris

        I'm very sorry that my pointing out your errors has caused you harm. Typo-related feedback, feedback can cause stress and injuries are becoming all too common in this era of instant gratification, much like the impulsive tendency to reply to comments on blogs which point out a lack of responsibility by the writer.
        Also, I did not point out said errors because they were fixed. Thirdly, you should take the advice rather than trying to be a smart a$$. I write too. It's not professional to post a short report like this without editing it first. Some of the errors changed the meaning of the post, but you would not admit such.

        • http://www.androidpolice.com/ David Ruddock

          I have no problem with anyone pointing out errors - within reason, and with reasonable specificity.

          As to the second point, if they're fixed within a minute or two of a post being published, what does it really matter to you? Typos happen. We post a lot of things every day, and typos will slip through the cracks. Time spent editing over and over is time that could be spent doing other, more productive activities. We are not the New York Times - we are an Android blog.

          If an occasional typo is "unprofessional," I don't think you'll find any tech site out there that is "professional." Mistakes happen. They don't harm you. You can point them out, as many people do, without causing anyone to be offended by this action. When you choose to latch on an insult, expect some turnabout.

          • yungtris

            I don't recall insulting you sir. I simply asked that it be edited before posting. I've seen cases before where readers noted that there were errors and the writer simply apologised and moved on. Instead, you decided to be witty about it and insult my intelligence, and then, to add insult to injury, you accuse me of insulting you. I guess the readers are never right.

          • http://www.androidpolice.com/ David Ruddock

            Unconstructive feedback is, generally, found to be somewhat insulting by most people, especially in a professional context. Saying "something was wrong with this, do it better next time" is not constructive. I have no problem with anyone pointing out typos. I do, however, get bothered when someone tells me how to do my job on the basis of an unspecified error that I apparently fixed within moments of publishing a post.

            I am not attempting to insult your intelligence. I am, however, attempting to show you that what you said was A.) a bit rude, and B.) not helpful.

            Pointing out to someone that they are wrong for the sake of pointing it out does not win you many friends. Trust me, I've got first-hand experience.

            That said, I'm rather tired of talking about typos today.

          • yungtris

            I get that. But it was not unconstructive. I actually made a suggestion, which means that it was in fact constructive because I suggested a way to remedy the situation the next time around. Had I not done that, then it could have been labelled as unconstructive.
            We don't know each other personally, but I can assure you that I do not go out of my way to insult people. That said, I found your response to be insulting also, so maybe we're equal there. We can call it even and move on if you so desire. I think we've both made our points.

          • SMH

            Don't worry Yungtris. I blame the 22 people who recommended that BS reply in the first place. They're the ones who make these bloggers to be so full of themselves.
            That first reply from David Ruddock was not necessary and for him to try and twist it and say that you insulted him is laughable to say the least.

          • yungtris

            That was the shocking part... The part which stated that I did the insulting. It's cool now though. We've moved past it. Thanks for chiming in.

          • GraveUypo

            yeah i think i'll take your side on this one.

          • yungtris

            thanks a lot.

          • PiLoT .

            it wasnt what you said. it was the bad attitude

          • yungtris

            I hear you, but there was no attitude. I simply made a request while using both 'please' and 'thanks.' What more could I do?

          • PiLoT .

            you kinda demanded he do it though. you may have used polite words but you demanded. when in fact he owes you nothing

          • yungtris

            ok. But I'm a customer of their's. I am free to make demands. Whether they fulfil it or not is an entirely different thing. That choice remains theirs.

          • PiLoT .

            actually you choose to read from a non subscription tech blog. if you paid for a service and got nothing then maybe but as it stands if you don't like what u get for free stop whining

          • yungtris

            Wait? Do you think they do this for free? There are clicks to receive and money to be made. I am a customer. So too are you and all of us here. What do you think would happen if none of us ever came back?

          • PiLoT .

            no they gain revenue but from ads. you havent paid a penny, so your entitlement isnt valid

          • yungtris

            Well, I beg to differ. But that's cool. Have a good one.

          • PiLoT .

            its simple economics. if its free ie no money came out your own pocket then u cant expect them cave to demands you make

          • yungtris

            I hear you, but I don't think you understand the economics. Have you ever paid Instagram to use their service? Assuming that you do use it of course. The answer is most likely no. That said, when they were considering changing their terms of usage about a year ago, everyone was up in arms about it. They reverted to the old terms, which weren't very far away from what they were proposing in the first place.
            The thing is this. We don't pay them to use IG, but we represent a huge source of income for them, or potential income. Money does not leave our pockets, but we are quite valuable to them. We are customers and we can make demands. It's the same thing with AP.

          • PiLoT .

            but theres a point of diminishing returns on stuff entitled bags can ask for or rather how it can be asked for
            "i dont think i like this can it be changed" is ok
            "do it again and do it properly" is a dick way of giving an opinion. perhaps if the words arent crafted to your liking you can stick to pocketnow

          • yungtris

            lol. This is funny because I didn't say any of those things nor do I frequent pocket now. Any more points?

          • PiLoT .

            i was using those sentences to point out opposing attitudes, and maybe you should

          • Doakie

            I hate to say it I know where David is coming from. I've written for a Blog and comments that are worded poorly really get under your skin. You can spend a ton of time working on an article perfecting your facts and checking all the background of it then someone comes along whether they appreciated your hard work or not and they simply point out punctuation errors... I just wanted to say, "Yeah, thanks...Now shut the hell up." In the end comments like yours aren't really constructive because they already spend tons of time working on the article trying to get facts right plus when you're writing an article like this you have to read it a dozen times already. Then something very important comes up, so a less than perfect post goes up.

            Either way you might not think words on the internet are rude when a "please" and a "thank you" are used however no one can here the sincerity in your voice, and plenty of comments that include a "please and thank you" are actually meant very sarcastically.

            Alright dead horse is fully beaten.

          • http://www.scottcolbert.com/ ScottColbert

            cus·tom·er

            noun ˈkəs-tə-mər

            : someone who buys goods or services from a business

            : a person who has a particular quality

            What are you paying for?

          • firesoul453

            We pay with out time.... DO you think they run this site because they are bored? Or that google hosts GMAIL for the fun of it?

      • New_Guy

        I feel that you need to add an asterisk to the bottom is your posts highlighting the dangers of typos as well as whether any harm was done to dolphins and/or pandas as a result of said typos.

        It's only fair

        • cellabonez

          i believe another 1k thumbs up is necessary or your comment

          • New_Guy

            Haha, thanks

    • Sky

      it is the attitued and the manner of which it was taken and/or precieved ..Weather you intended for it to be like that or not, you should edit your comment before posting again.. make it equal on both parts instead of arguing about who is right and who is wrong..

  • AOSPrevails

    This is what you get for putting micro SD slots on your devices.

  • Mark

    They found out the patents were a crock...

  • AbbyZFresh

    It's only a matter of time before MS's patents become worthless. They have an expiration date eventually.

  • Nathan Walters

    Patent licensing: because creating products that people will buy is too hard.

    • jjredfish

      Guess Google should be giving away their search patents then, huh?

      • Nathan Walters

        I'm not going to pretend to be an expert in patents or patent law. But from my perspective, this just reeks of using patents to hurt the competition, jack up prices, and stifle innovation. Google, AFAIK, uses their patented technologies. Microsoft seems to be acting more like a patent troll in this case.

        • jjredfish

          Microsoft have used this patent themselves, so, no.

          • Nathan Walters

            "This patent"? According to a report by Ars Technica, there are over 300, and if you read through the list, many of them are complete BS that never should have been awarded to anyone in the first place. This includes a number of patents from the infamous Rockstar portfolio. If you can find a similar example where Google is extorting billions from other companies for BS patents to try to harm the competition, I'm all ears.

          • jjredfish

            Yes, of course it is a collection of patents, but people on here have been primarily talking about the one.

            The members of Rockstar tried to get Google to join them so everyone could use the patents they acquired freely, but Google refused.

          • Nathan Walters

            What's your point? The fact that people focus their attention on one is irrelevant.

            Perhaps they didn't join because Google didn't want to become part of a patent troll? That's just speculation, of course. I'd be interested to see if they made public their reasons for not joining.

            I assume you cannot find any examples of Google acting as a patent troll, then?

          • jjredfish

            My point is that THAT is why I referenced "one", which you took as some sort of big deal.

            And, in fact, Google bid AGAINST Rockstar so they could have their own patent troll portfolio, instead of sharing it with the others.

  • Microsoft paid shill

    Well given the Chinese government required that these troll patents be made public, I'm sure Samsung realized that disgusting Spycrosoft was essentially extorting OEMs.

    Microsoft is a crap and disgusting business and its hilarious how crap their crapdows phone is and how much of a failure their surfail is. What a bunch of morons. Also their xboner is super flaccid.

    • Parth Patel

      You seriously have a problem if you are not a troll. You need to visit your doctor urgently.

      • Patel’s stinky mom

        Fuck off pratel you stinky monkey.

  • darkdude1

    Patents do nothing but stifle innovation. Less fighting more creativity please. :)

    • Vishnu Vadlamudi

      Patents are incentives to people and companies that invent new things.

      • firesoul453

        The current patent laws are riduculus

    • Markus

      Since that's your viewpoint. How about you come up with a *super great idea. Give me said idea; for free of course. Ill then make millions off of it. Maybe even billions...and for your troubles Ill take you out to McDonalds or Burger King one day. Also, that day has to be when I have free time about 5 years from now. Deal?? or No Deal???

      • Ashish

        With that kind of mentality I don't think you want any of his "super great" ideas.

  • jonathan3579

    Man, Samsung just cannot keep their head out of their ass to save their life.

  • My1

    it is Samsung Ativ SE without galaxy, Galaxy Seems to be the name for Android devices while ATIV is Windows and alike...

  • GraveUypo

    weren't most of the patents microsoft holds commercially irrelevant? and that was just disclosed last month by the chinese government?? does microsoft even have a case? (legit question)

  • Asem Arafa

    It's now or never
    Samsung may have a chance in court while Microsoft Nokia Android phones are still on the market

    • AbbyZFresh

      And that's how many? 5 million? lol.

  • New_Guy

    Glad I just bought that kettle corn. It's about to come in handy

  • Fer

    C' Mon, lamesung must pay to use other's ideas, period

    • Jerry Rich

      "lamesung", really? Are you related to Sarah Palin?

      • Fer

        Ok cheapsung then

      • Leo

        Let him be, private profile and all I wouldn't be surprised if he was a fanboy of Microsoft or Apple, or just an idiot

  • joser116

    If I were Samsung, I would stop making any more Windows phone products, just to stick it to them.

    • Alexandre Leites

      If I were Samsung, I would make a commercial saying that while some companies need to do lawsuits to survive, they're in the top of a marketshare. Microsoft would be very angry.... hahahah

  • Bariman43

    Solution: Give both companies their pacifiers.

  • cooldoods

    It's a spin. Samsung has obviously stopped payment after doing so for a period of time. Microsoft sues, Samsung challenges Microsoft's patents in court citing the recent invalidations of Microsoft-held patents in Europe, Microsoft loses and is forced to return all royalty payments received.

  • Brandon Franklin

    Wow a lot of ms hate up in hare! I love it! Seriously though if ms stuck an s-pen on theirs phone(an arguably worthless feature) and end up selling millions more phones because of it shouldn't Sammie get something for 1 creating it and 2 popularizing it? I would think google kids would be all for patent protection otherwise you know what android phones would look and act like (cringe) the iphone. And I would argue SD card integration is extremely important to millions of android users in fact its one of the few features that actually sway phone purchase decisions. Who knows maybe Sammie can trade their "bump to share" patent with ms...oh wait that was borrowed from apples app store in 2009. Hmmm? Does anyone know if Sammie has any patentable features that weren't "borrowed" from jail broken iphones in 2009?

  • Timothy Anderson

    .... and the gloves come off. I'm on Samsung's side on this one. Patents are supposed to protect innovation, not stop it. M$=patent bully. They even created a company whose purpose it is to use patents to sue or threaten to sue people. Pay up or else.

  • The-Sailor-Man

    Why don't tell ppl what is this all about???? LOL

    Samsung and Nokia had cross-licensing. So both use each other's patents for free. Now when MS bought Nokia , MS wants money. Samsung of course are not very agree.

    Who is right?? We will see.

    But it's more like US strike again Samsung. Samsung must look bad again.

    MS, Google, Apple Facebook have total dominance over the World's control, with their "back doors" open for CIA, NSA, FBI......and so! They are so scared that Samsung is getting BIG and might take a piece of the cake. So some ppl to become out of control. That's why they stick together against the mutual enemy. And will use ALL the US propaganda, government and resources to smash Samsung, as they did with Nokia before.

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