Windows Buyers Pay Patent Tax of $21.50 ? 161
An anonymous reader writes "Ars Technica has a story up about an estimate done by the Software Freedom Law Center of how much purchasers of Microsoft Windows are paying in 'patent taxes'. 'SFLA took the total of $4.3 billion dollars in legal costs for Microsoft from 2001 to 2004 and divided it by estimated sales of Windows XP over the same period — approximately 200 million copies — to come up with the $21.50 estimate. The organization added that North American and European customers, who pay more for Windows licenses than customers in other parts of the world, actually ended up paying more of this patent tax, and that people who pirate Windows pass their share of the tax on to paying customers.' The article goes on to point out several flaws in the study's logic. For example, the actual cost of a Windows OEM hasn't increased in the last few years; Microsoft isn't passing this cost directly on to the consumer."
Something else to think about. (Score:1)
Re:Something else to think about. (Score:5, Funny)
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The real hole in the AC's argument is that not everyone agrees that Microsoft is "evil". Calling someone criminal scum for working for a company tha
Re:Something else to think about. (Score:4, Interesting)
The worst a hitman can do is kill you, but a lawyer can make death look like the better option.
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Jeez, if you work for a company then you _are_ supporting its tactics.
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I agree wholeheartedly, what about the amount of money they paid to license technology that went into Vista that they could have easily and obviously built on their own?
Re:That's whtat's good about linux - no one to SUE (Score:2)
ohnos the consumer pays developemnt costs (Score:5, Insightful)
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That said, I just avoid said tax by not buying windows.
Tom
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Re:ohnos the consumer pays developemnt costs (Score:5, Interesting)
Secondly, this is BS. It ignores the fact that MS sold more products in that period that just WinXP than just an OS, things like Office.
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Also, M$ would probably sell Windows for the same price regardless of patent settlements.
So therefore, M$ is the one paying the 'tax'.
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Obviously, in highly-competitive markets, the relationship between cost and price is much closer, but even so, it takes a back
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No they don't (Score:2)
Saying that the legal costs are $x per unit implies that that the Microsoft would have charged less for XP if there were no patent costs. That is patently false. MS chanrged as much as they could for XP without scaring away the customers.
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Business have legal expenses everyday. Lawyers have to look over or participate in the writing of contract agreements, EULAs, disclaimers and so forth. And those aren't even the most expensive legal fees. I'm pretty sure Microsoft was involved in more than one lawsuit between 2001-2004. Don't you suppose they'd have had to hire a lawyer or two for that?
And, as you say, each of Microsoft's products incurs
Everybody Pays the M$ Tax. (Score:2, Troll)
Casino logic won't work here, the money comes from you and me.
Secondly, this is BS. It ignores the fact that MS sold more products in that period that just WinXP than just an OS, things like Office.
First, don't call me a "consumer". At best, I'm your customer. The term "consumer" is insulting and inaccurate. The dollars I pay, unfortunately, don't make Windoze go away.
Second, the 4.3 billion dollars M$ spent on patents don't magically disappear because you can't figure out which M$ customers actuall
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You can add all the inf
The better questions are (Score:5, Insightful)
2. How many innovators (engineers, etc.) are employed as a result of the $21.50?
3. How much of the $21.50 is eaten up with legal fees?
I've got no problem paying a license fee as long as I am getting a significant amount of innovation for my money.
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Well, considering the basis for the $21.50 number starts by taking the legal fee and dividing it by the number of copies sold, the answer is simply ALL OF IT.
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Impossible (Score:2)
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So...
...
1. Everyone is a lawyer
2.
3. Profit!
Real money (Score:2)
Re: Real money (Score:2)
If that's true, why don't they? That would virtually kill Linux.
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Additionally, there's corporate mentality: if companies didn't have to pay for it, they wouldn't trust it.
The penguin with a paperclip. (Score:3, Funny)
*ducks and runs full speed from the pitchforks and torches*
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Damn.
business 101 (Score:2)
Yea, OK then who is paying for it?
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Let's Not Forget That M$ Has More Products than XP (Score:5, Interesting)
Re:Let's Not Forget That M$ Has More Products than (Score:2)
It's exactly what I thought when reading the TFS/TFA
Oh yeah? (Score:2)
Windows XP??? (Score:2, Redundant)
What about 2003 Server? Windows 2000 Server? SQL Server? SMS Server? Exchange? Office? Windows PocketPC? XBox? Xbox games? Xbox controllers? VisualStudio? Mice? Keyboards?
How the hell do they figure that *all* of Microsoft's legal fees are directly accounted for by Windows XP?
Sure, you could always have paid more. (Score:2)
Is Windows XP the only thing Microsoft sold from 2001 to 2004?
It's the most popular thing they sold and a fair normalizing factor. You can try to smear it out to "products" of secondary importance but that only shifts a small fraction of the costs onto business users who pass them back to you and me anyway. XP and Office were the big money makers, so that's where they money actually came from. You can't run Office without XP (or Wine but that can be neglected here), so you might as well divide it that
Invalid assumptions (Score:4, Interesting)
Microsoft's pricing isn't driven by their costs, it's driven by revenue maximization. A change in their cost structure has no effect on the prices they charge; raising prices would reduce their gross revenues, which would be quite counterproductive.
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Which means it's being paid mainly by mutual fund holders saving for retirement.
It's mainly a tax on 401(k)s, IRAs, and pension plans.
This is why Vista sales hyping is so high (Score:2)
This is also a reason MS spends so much effort on spinning Vista sales etc. MS revenues are not hugely affected by Vista because pretty much every Vista sale would have been an XP sale if Vista had not come about (discounting for a moment XP to Vista upgrades, which are close to non-exixtant). Therefore, for the next few years anyway, Vista is a pure cost with no revenue upside. That's $5bn of Vista development costs straight out of sh
Ha ha. (Score:2)
Vista is a pure cost with no revenue upside. That's $5bn of Vista development costs straight out of shareholders pockets. That's perhaps 50c per share or so, approx 2% of the share value.
Isn't it even mildly disturbing to you that patent costs are equivalent to what they paid to make something of value? A share is only worth future earnings, we shall see what Vista, Zune, and other second rate offerings take out of that share price. Bu-Bye, M$. When they are gone and unable to push bad "IP" legislatio
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2. Pricing is always driven by cost, there may just be other revenue sources (think about complimentary products like Office, also think about different pricing schedules, re: price di
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Gr
Thanks (Score:2)
formula? (Score:3, Insightful)
Windows Tax? (Score:5, Funny)
This post written on a PC running Windows and Office XP. How did those get there? Hold on while I go look for my, erm, install disks... and just ignore that folder named "ISO-WAREZ". *flees*
for years... (Score:2, Funny)
now...there it obviously is!
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Lottery Tickets? Pyrimid Schemes? Informercial diet pills and other psuedo medical/magical items? Spammercial male enhancement products? Cash contribution to cults? Rotten MAFIAA crap?
Plenty of things to keep fools and their money parted.
Economics of Patents (Score:5, Informative)
That said, I'm sure a lot of these patents are absurd software patents that Microsoft decided it was cheaper or easier to license than defeat in court.
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This argument literally looks like an argument that proposes a monopolized situation wins out over a competitive situation. Which just isn't true. All that is needed is an intermediary acting on behalf of the consumers for small fee (i.e. - where the fee + amount is less than the $21.50)
Gives better lock in (Score:2)
Interestingly, MS did pretty much the same thing by paying license fees to SCO. Doing so legitimised SCO's claims and helped cause confusion amongst potential Linux users.
Self Serving BS. (Score:2)
By centralizing the negotiation and licensing, Microsoft greatly reduces the total transaction costs. That said, I'm sure a lot of these patents are absurd software patents that Microsoft decided it was cheaper or easier to license than defeat in court.
Ah, the magic of cross-licensing raises it's ugly head again. It's funny how those costs would go to zero if it were not for the insane software patents that M$ bullied and bribed into law. It's not like they have any respect for those laws either. M$
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What's really happening is that the patent system is
Pass the tax? (Score:2)
They aren't passing anything along. You can only pass your portion of the tax if the price would adjust in the market.
In other words, they are only passing the tax along to customers if MSoft would have charged a different price with them being paying customers.
Basic economics? Amazing! (Score:2)
Passing the cost onto consumers (Score:2, Interesting)
This one always confuses people.
A business, by virtue of being a business, always charges whatever will (they think) be most profitable.
There is nothing that you can do to a business that'll make them want money they didn't want before. They already want it all.
So in a very real sense no cost is passed on to consumers; the market decides the optimal price for the product. If that's high enough to make a profit, the business grows; if it isn't, the business dies. No company can pass on costs that the m
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This is true of many purchases for which a simple supply and demand model is adequate. This isn't true of many markets however. In markets for essential goods where there are few alternatives these models collape. The obvious example is the energy market. Rising prices should reduce demand, which should cause prices to fall again, until an equilimbrium is reached. This isn't the case however
Re:Passing the cost onto consumers (Score:5, Informative)
We call that a 'inelastic' demand. Note that it will react to price increases, but it takes huge increses to compensate a small supply difference.
On the case of energy, if it is expensive enough people will freeze, but won't be able to buy it. That's sad, but the model works. The point is not to tell nice things, but to be able to predict what will happen.
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As the cost of energy rises, the demand becomes more elastic. Non-essential uses of energy are curtailed. Of course, as you say, if
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Software is only different by the fact that producing another copy has virtually no cost, once the development has been made.
It is actually a dead-on example of the fact that price charged to a customer is not related directly (it is not a linear relation) to the prices occured in development phase.
Do this tomorrow
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We're still talking about the energy market, though, regardless of source. Gas is a use-restricted energy source, so not completely interchangeable with electricity, but their prices are interdependent.
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It's clearly not the case here, but your model doesn't work on competitive markets.
If there is a competition, the market price is normaly established by the sellers (trying to outbid themselves), not the buyers. So, if the cost increase, all sellers tendo to increase their price, and the customer normaly sees a price increase that is even bigger than the costs increase. With time the price comes back to the expected (original price + cost increase).
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A business, by virtue of being a business, always charges whatever will (they think) be most profitable... So in a very real sense no cost is passed on to consumers; the market decides the optimal price for the product.
What you're neglecting to consider is the cost of patent licensing upon the market in question. For example, if it costs MS $20 to license the patents they use, what does it cost Apple to license some of those same patents? What does it cost Sun and Redhat? What does it cost to, alternatively, work around those patents? Once you've determined the above, what the does the cost of patents to the market, in general, do to the price of software and the perceived relative value?
For example, suppose I'm in a m
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He's also neglecting to consider that Microsoft is a goddamn illegal monopoly that has long set the prices for its products, worldwide, at whatever the hell it wanted to set them at. Discussions about supply-and-demand and "competing" on anything are virtually meaningless in that context.
What (Score:1)
Because it doesn't work like that! (Score:1)
Whether they have to pay for development, litigation, or gold plated toilet brushes in the executive washroom, the price remains the same.
I mean, seriously, does anyone think, for a second, that if Microsoft didn't have to pay this, the price of Widnnows would fall by $12.50 a copy? Of course not. The extra $21.50 would be pumped back into Microsoft.
Then Hit the Right Target! (Score:2)
Then hit the right target, for Heaven's sake. If they're not passing along the cost increases, then it's the Stockholders paying for this.
Am I reading wrong or... (Score:5, Insightful)
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In a way yes... I agree with you that it seems to be a flawed way to spread the legal costs. I think you suggest that it would be better to spread over the whole revenue line... another way would be to spread it over positive income generating divisions. Lets say we take the entertainment division of
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Patents adding to the cost (Score:5, Interesting)
What I'd find more interesting is how much of the cost of Windows goes into licensning patented software. MSPAINT can read and write
The Taxman is coming (Score:3, Funny)
----------
WINDOW TAX
Pitt the Younger also tried a chimney tax, but found that windows were easier to count. People paid the tax based on the number of windows in their home. Result: a lot of boarded-up windows.
2^32 (Score:5, Funny)
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Ironic? Only if Microsoft once said that that datatype was unneeded because no one would ever need to hold a number that large in a computer. It is funny, though!
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Invalid Assumptions (Score:2)
1. 100% of Microsoft's legal fees revolve around Windows and have nothing to do with any of their other numerous products.
2. 100% of Microsoft's legal fees are spent for patent-related reasons.
It seems to me like that it would be better to figure out the amount of money spent on patent-related subjects and then divide by the total sales numbers. Then there would be a bit of work to do dividing that up proportionally among the products depending on
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You know, I read only the blurbs on most Slashdot stories, and when I don't know any better, those blurbs become part of what I believe to be true about the world. It's disturbing to think about the effect stories like these are having on the collective consciousness. Just one more stupid, wrong thing that soon everyone will "know".
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You know, I read only the blurbs on most Slashdot stories, and when I don't know any better, those blurbs become part of what I believe to be true about the world. It's disturbing to think about the effect stories like these are having on the collective consciousness. Just one more stupid, wrong thing that soon everyone will "know".
Think about it ? Just click on "Read More" and you can watch it in action !
Greater invalid assumption (Score:2)
What it cost to produce is a very difficult number to arrive at in a large company. Not much simpler in a small company either. And how do you amortize that? Generally, this is a fruitless exercise that might g
But Windows only costs $3! (Score:3, Informative)
Of course they are.. (Score:2)
>> Windows OEM hasn't increased in the last few years; Microsoft isn't passing this cost directly on to
>>the consumer."T
Sure they are, by forcing people to repeatedly purchase new versions of products by ceasing support for the existing ones.
The bottom line - is it worth $200 (Score:2)
Was the point of the article that we should: (Score:2)
b) Discourage other companies from suing MS for patent violations to lower the cost of MS software?
OK, I admit that I love to draw contrary conclusions from poorly-reasoned arguments.
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Costs and effects (Score:2)
How much better would Vista have been with 5%-10% more programmer-hours (and tester-hours!) spent on it? I don't know, but if MS isn't raising the cost thanks to patents, they're doing less work on it.
Money's gotta come from somewhere.
Duh. (Score:2)
They haven't released a new product in the last few years either, till now. They couldn't very well raise the price of XP years after its release, with most people asking where the mythical new Longhorn was, and keep a straight face.
Obviously the adjustment is made in new products - Vista.
Microsoft's Way Of Outsourcing Innovation (Score:2)
When the QuickTime file format was standardized as MPEG-4, with H.264 video and AAC audio for consumer devices, this effectively was open source QuickTime, leveling the p
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