MS are pretty smart to be making these moves. If IP law holds up in the future, MS will have a ton of patents that it inherited rights to from settlements with many many companies over the years. MS hardly ever loses a court case, it settles most of the time, often with cross-licensing deals. However, these companies don't cross-license each others' patents. In the end, MS will have the rights to do way more than any of these individual companies.
MS may be handing over valuable IP to the competition in these settlements, but it's useless if these companies have to purchase rights to use the IP that MS will have the rights to. MS is cornering the market, and best of all, they will have no right to license out the IP that they have settled for the rights to, since it is not theirs. So settlements will never include this IP, only MS IP.
With these settlements, MS are encouraging these companies to freely use their IP in their products. These individual companies will have no rights to use each others' IP, and so MS IP will end up being used most widely. This implements an MS-centric software ecosystem, dependent on MS IP. So none of this software will ever be open sourced, but may make use of MS protocols, file formats, and other methods of shaping and dealing with data.
It will be more valuable to MS to be spreading around use of its methods, while accumulating a huge personal portfolio of methods from others. Companies that settle with MS are only slightly prolonging their existence if IP law stays the same.
|