Apple’s suit against Android – what it means for Windows Phone

March 3, 2010 | By Surur

Now that the details of Apple’s claims against HTC have become clear, the fact that it is a transparent attack on the Android operating system has also become very apparent. The question therefore arises how this affects Windows Mobile and Windows Phone.

Android is Google’s up and coming operating system that is based on a Linux kernel running a Java-related virtual machine. The operating system has in recent months found wide adoption amongst both top tier and small ODMs and has been predicted to outsell Windows Mobile in 2010.

With the open source operating system now under attack by Apple with its wide patent portfolio, how are OEM’s likely to respond.

Certainly larger OEM’s like Samsung and LG would be quite risk adverse – Apple for example is asking for triple damages, which for a large OEM can mean rather substantial sums. Smaller OEMs may feel they have more to gain than to lose by adopting Android and still make the gamble. Carriers afraid of being implicated may be more wary of taking on the risk, and may therefore offer substantially less for these handsets to compensate.

The next effect is to slow adoption of Android, which is of course what Apple fully intends.

Windows Mobile and Windows Phone are much more resistant to being affected by this situation, as Microsoft likely have a substantial portfolio of OS patents which it could use to respond to any threat by Apple.

In 2006 Microsoft announced strengthened IP protection that includes the defence of OEMs and distributors against IP claims in every country Microsoft distributes or markets its Windows Embedded and Windows Mobile products; protection of patent, copyright, trademark and trade secret claims based on that software; and the removal of the monetary cap related to defence costs.

This basically meant that Microsoft would step in and defend their OEMs and even carriers selling devices running their OS up to an unlimited amount of cost. This is a much stronger response that HTC has had so far from Google, which have not been named in the Apple suit for example.

This makes Microsoft’s Mobile OS a much safer bet an an increasingly litigious environment for the larger players. The fact that Windows Phone 7 will be more or less feature complete and require very little OS customization will further reduce the software attack surface area OEM’s will be exposed to.

The fact that Windows Mobile is set to benefit does not mean we endorse Apple’s actions. In fact, we see it as evidence that the iPhone empire is crumbling. It is quite likely that in attacking an Open Source OS they will lose the huge amount of goodwill they have online, which means the free advertising, which in 2007 was quoted as worth around $400 million, they have been relying on may backfire spectacularly.

There is however no doubt that Apple’s move to undermine Windows Phone’s biggest competitor can only be good for Microsoft.

About Surur

Site Admin and Windows Phone enthusiast, he has been using Windows Mobile devices since before they were called PocketPC’s. He is currently sporting a HTC 7 Trophy.

Tagged android, apple, google, microsoft

efjay

I think realistically this will have minimal immediate impact on android adopton or sales, unless apple's claims are seen to be particularly strong. Companies like Samsung, LG are no strangers to litigation and are unlikely to start running for the hills until something more concrete happens, like the initial hearings and how they feel the case may go. And with google being the target by proxy we can pretty much bet on HTC not just rolling over as google will be in thier corner and are not likely to let apple use this back alley method to derail their mobile OS.

For now, I see status quo, nothing earth shattering happening for a while as HTC and google get their defence together. In any case, I dont see any of the current OEM' who are not already involved with Microsoft suddenly seeing this as motivation to develop WM/WP7S phones, most likely they will sit it out and wait for the outcome.
John

I would also add that even if an error message popped up on the internet bloggers imacs and told them to sacrifice their first born to continue, not only would they do it, but would consider it a feature. Apple cannot lose its goodwill on the internet.
David

I think Apple will be a loser here because at the end of day they are the one that losing customers. You can see public reaction to these stupid law suit from Apple and it is not in their favor.

Most people who liked Apple products (not fanboys) starting to switch and dislike Apple for all these law suits and other things.

Sue competition just because their product is better than Apple and also things like using children (Like slaves) in their factories in China are not something everybody is happy about it. Not everybody will ignore these things.

The real customers that make a companies rich are not fanboys but public and regular people. Apple fanboys well they are just iDiots and they dont play a big rules anyway (low numbers). But when public and regular people become against you and they start to dislike you and your brand then you will see how you lose market and perhaps even more.

Some Guy

You'll probably right David but I fear as stupid as fanboys are, the general public (that don't keep up with tech blogs) are even worse and will be easily swayed by a few good bullshit P.R. articles/postings and a couple more "cute" John Hodgeman mac commercials.

Even though I dig Winmo and look forward to WinPhoSeriesyadayada, I despise Apple for being such patent trolls. I want all phone os to thrive- not just the one I use.

David

I already know many people that after last 2,3 days news they are not gonna by Apple products anymore. For example a friend of mine just ordered ZUNE HD today to replace his iPod and also will get HTC HD2 or Nexus One in next 2,3 eeks to replace his iPhone. This is just one example but it is an example that shows Apple lost one customer and instead Microsoft, HTC, and Google got one customer
.
These are signs that Apple will lose customers with stupid moves like these.

And I as a customer (If HTC lose this case which is very impossible) in future willing to pay more to get HTC products from outside of America but not buying one single Apple products. Just because simply for every thing you need there are better products and services out there than Apple can not even compete with them.
aleis

this means MS will be helping with this case as winmo devices were mentioned.
"Touch Pro, Touch Diamond, Touch Pro2, Tilt II, Pure, Imagio"

rad

The patent those phones are listed for doesn't involve the OS, so MS won't be getting involved. Most of the other patents, however, deal with OS-level features, which have to do with Android, not anything HTC made.

http://intensedebate.com/people/pinguino1 pinguino1

Apple throws patents to the wall like spaguetti, Hoping some will stick..
[youtube HmYn1z36EJ8 http://www.youtube.com/watch?v=HmYn1z36EJ8 youtube]