Originally Posted by AppleInsider
That decision has not only ruffled the feathers of Microsoft's hardware partners, but may also create issues with Apple's "no clone" restrictions within the two companies' cross-patent licensing agreement.
Microsoft has gone so far to call Surface a "design point" that would help ostensibly its hardware partners, rather than compete with them, but it has also clearly positioned the new product concept as its own iPad, with a design that associates with Apple at least as close as Samsung's Galaxy Tab.
I think Samsung is completely in the wrong. They haven't licensed a single thing and they CLEARLY were ripping off physical design and UI in an effort to confuse and mislead. Samsung is wrong and deserves to be demonized.
BUT...AI is spinning this article differently than any other news outlet out there and I think they missed an opportunity. Every other article I have found is stating why Microsoft is likely SAFE from a Samsung like lawsuit. Either way the news is spun, assumptions are required, but AI is clearly taking quite a few liberties. Apple has made no statements to lead anyone to believe Microsoft has violated its agreement with them. AI seems to believe they just haven't gotten around to it. Others in the media are looking at it as a hint to the contents of the agreement. Bottom line is no one really knows, but here is what others are saying....
We know Samsung has gone so far as to copy both the physical design and the the UI. Unlike Microsoft, they have no agreement with Apple what so ever, and they will likely pay a very high price for that. Windows 8 itself looks COMPLETELY different from iOS while the Surface itself looks very similar to the iPad. Without knowing the precise text of the agreement, we have no idea what qualifies as a "clone". The conclusion that other outlets are drawing is that Microsoft is paying Apple so their product can look and function similar to the iPad, but have agreed the overall appearance of the UI will be unique to Microsoft. Anyone that has actually used Windows 8 knows just how different it is, for better or worse. To suggest they have broken an agreement is frivolous. To assume they are abiding by it seems more likely based on the facts we have (or don't have) at this point in time. Apple is now the bigger than Microsoft, which is pretty amazing when you think about it. Signing an agreement and turning around and violating it would be the WORST thing they could possibly do. If they planned to violate patents, they would be better off having no agreement with Apple at all. Any patent lawyer will tell you that ignorance is a better defense in patent law than negligence.
You may not like it or agree with everything I have said (or anything), but you are allowed to pay someone for a license to their technology. Until Apple says otherwise, Microsoft may be on the up and up...for once.
Where did AI miss an opportunity? Realize that this if this deal is true, there is finally some retribution for Apple. Apple has finally backed Microsoft into a corner. Every surface Microsoft sells will now result in money going to Apple. It could be that finally, after all these years, every copy of Windows 8 that sells will result in money going to Apple. Both of these conclusions should make an Apple fan smile...at least a little.
That's a more positive spin that AI could put on this article while still making it relevant and pro-Apple.
I also want to agree with others are saying. I think Microsoft is trying to stay on good terms with Apple because they realize if Windows continues to loose share to iOS in the consumer space, they need to be able to be offer products like Office to iOS users and SmartGlass for Xbox. They seem to be trying to embrace and compete with iOS in a way that Google is not, as I haven't heard of Google paying Apple royalties for Android.
Edited by rednival - 8/13/12 at 1:55pm