Microsoft and Amazon sign patent cross-licensing deal protecting Kindle and Linux

February 23, 2010

Microsoft and Amazon sign patent cross-licensing deal protecting Kindle and LinuxMicrosoft has forged a deal with Amazon which will protect the latter from legal challenges from the former concerning both the Kindle e-reader and Linux-based servers. This is just the latest in a long line of similar patent cross-licensing deals made by Microsoft since 2003.

Microsoft claims that Linux infringes on its patented technologies, and has worked to prevent companies from using connected technologies since starting an intellectual property licensing push in December 2003. Rather than suing all the companies allegedly infringing on its claimed patents, Microsoft has sought deals which protect both sides from prosecution.

Since 2003, Microsoft has entered into agreements with more than 600 companies. And Amazon is the latest to come on board.

In a released statement, Microsoft deputy general counsel Horacio Gutierrez said:

We are pleased to have entered into this patent license agreement with Amazon.com. 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.

The deal sees Microsoft granting Amazon “coverage” for the proprietary and open-source elements of the Kindle e-reader and Linux-based servers. While neither side is stating why this agreement was made, and at this stage in proceedings, it’s been speculated that the deal was made to avoid any legal challenge from Microsoft.

Amazon will pay Microsoft for the privilege of entering into this agreement, but how much isn’t being made public.

Microsoft’s reasons for doing this deal aren’t likely to be purely monetary. Instead, as the patent cross-licensing deal works both ways (obviously), Microsoft could be looking to learn from Amazon. As Mashable suggests, Amazon S3 (Simple Storage Service) could be useful to Microsoft for its own cloud computing offerings, and the company could even be seeking to use the Kindle technology as part of its iPad rival.

Whatever the truth, none of this is pleasing to the open-source community, with the Linux Foundation’s Jim Zemlin revealing his thoughts in a blog post.



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