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February 23, 2010 3:59 PM

Microsoft Signs Patent Agreement with Amazon



Microsoft announced a cross-licensing agreement with Amazon.com, opening at least a portion of their respective patent portfolios to each other, on Feb. 22.

"We are pleased to have entered into this patent license agreement with Amazon.com," Horacio Gutierrez, Microsoft's corporate vice president and deputy general counsel for IP (intellectual property) and licensing, said in a statement. "Microsoft's patent portfolio is the largest and strongest in the software industry, and this agreement demonstrates our mutual respect for intellectual property as well as our ability to reach pragmatic solutions to IP issues regardless of whether proprietary or open-source software is involved."

Details of the agreement, and the actual amount of money changing hands, were undisclosed by Microsoft. According to TechCrunch, Amazon.com isn't commenting beyond what Microsoft has said, but reports indicate that the online retailer will be the one putting up the cash for the deal.

As my colleague Darryl Taft points out in his most excellent article on eWEEK, Microsoft has signed more than 600 licensing agreements since launching its IP licensing program in 2003, with companies ranging from Apple and Hewlett-Packard to Nikon and Fuji Xerox. Such deals help avoid those pesky patent-infringement lawsuits hated by virtually everybody except IP attorneys with Bentley payments.

But we can conjecture freely about the possible ramifications of a possible IP licensing deal between Amazon.com and Microsoft. Both companies, obviously, have been deep-diving into everything tablet PC-related of late; Amazon.com recently announced an SDK (software development kit) for the Kindle that will allow developers to create applications for its high-resolution e-ink display, and Microsoft along with its hardware partners has been planning a major foray into the tablet space.

A cross-pollination of ideas between the two companies, of course, would allow them both to compete more heartily against the upcoming Apple iPad, which potentially threatens a wide variety of segments.

Microsoft already has a "Kindle for PC" app that ports Amazon.com's e-reader interface onto a desktop or laptop, but I could see Amazon.com benefiting from Microsoft's explorations into tablet PC software; Amazon.com CEO Jeff Bezos has suggested in the past that his company is exploring color screens, but that any such development is "multiple years away." If that's true and not just a competitive bluff, then Microsoft's patents could help speed that R&D rate; Amazon.com could also potentially take advantage of Microsoft patents like this one, which allow devices to be wirelessly charged.

Either that, or else Amazon.com could utilize some of Microsoft's rumored Courier technology. Until something concrete comes out, though, it's all smoke and mirrors.

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Comments (1)

Lawrence D’Oliveiro :

The Linux kernel is distributed under the terms of the GPLv2. If Amazon are distributing it, they must abide by that licence. Note Section 7:

“If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.”

http://www.gnu.org/licenses/gpl-2.0.html

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