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Comment by mrich | Hacker News Reader

But the Android vendors are already using a commodity OS in Linux, but still have to pay Microsoft patent royalties on it.

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As far as I know, the payments are for Android-specific features that those devices use. I don't think it has ever been proven that Linux infringes Microsoft Patents. In fact Microsoft contributed code to Linux and continues to do so (81980085). If there are violations, the most serious are about some FAT/VFAT patents and the Linux developer community can come up with alternative filesystems on solid-state disks.

From http://money.cnn.com/magazines/fortune/fortune_archive/2007/...

<< But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68. >>

So who must they sue? Right now, I'm sure Microsoft enjoys being perceived as less lawsuit-happy than Apple.

There's no point in using lawsuits to shut down someone you don't feel threatened by. It's bad press and a waste of money. Microsoft removed Linux from its list of threats [1] this year, and it's questionable to me if Linux was ever a threat to Microsoft's profits. Microsoft is unlikely to sue Linux developers in general for the reasons above, but once something rises above and becomes a threat (Android), they'll bring the hammer down.

Whether or not these patent claims are legitimate or not, some Android vendors apparently found that it was more cost-effective to license rather than battle it out in court.

[1] http://www.neowin.net/news/micorosft-no-longers-considers-li...

It's hard to collect royalties from individual users.

They can always learn from RIAA/MPAA folks.

They will charge the manufacturers who in turn will charge you.

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