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To: dangerdoc
"And yet they sell products that people want to buy, without a single bailout, or even massive layoffs." apple bail out And yes, they have had massive layoffs preceding the bailout. Although, I could kick myself for not buying stock during the panic selling. It was one of those to do things that I never got around to. People get rich when other people panic, at least people other than I do. So far, other than Palm, I'm not aware of any of the major phone manufacturers receiving a bail out. Maybe Motorola during the dark years. Speaking of Motorola, I read a story tonight that they are going to stop using Google location services for their Android phones. That is an interesting turn of events and may warrant it's own thread later if anyone is interested.

How many times do I have to shoot down this "Bailout myth?"

Excuse me, DangerDoc, but that was no "Bailout." That was Microsoft Paying off on a losing lawsuit settlement... Apple had over 1 billion dollars in the bank in cash, was already in the bank. And by the time you accounted for other liquid assets, Apple had almost $2 billion.

The payment to Apple was to purchase $150 million in NON-VOTING RESTRICTED shares of preferred stock (hardly a "bail-out") as part of three interlocking agreements that Microsoft and Apple executed to end a lawsuit that Apple had instigated against Microsoft for stealing the Quicktime Code that was found inside Microsoft's Windows Media Player software... in its entirety including the name of one of Apple's software engineer's mothers, specific identifying words not part of the code, and other things placed there by Apple.

In addition to paying Apple the $150 million, Microsoft agreed to license the offending software patents from Apple for an undisclosed yearly license for a period of five years, as well as other software patents that Microsoft admitted under discovery they were using with out license. They also agreed to continue development of Microsoft Office for Mac for those same five years... and agreed to continue to market Office for Mac for those five years... after having cancelled Office for Mac. In addition, Microsoft, agreed, as further compensation to Apple to grant unlimited licenses to Apple certain undisclosed Software patents held by Microsoft, without compensation from Apple, in perpetuity for the life of the patents.

For its part, as part of these three agreements, Apple agreed to issue the preferred non-voting, non-controlling stock from already authorized stock. Apple agreed to ship, on its distribution disks of Apple's Operating System, and on all new Macs, Microsoft's Internet Explorer for Mac along with Netscape Navigator for Mac, and allow Macintosh Users to elect to select one or the other as the default browser on the Macintosh for a period of five years. Apple agreed to license to Microsoft the Quicktime software patents that Microsoft had originally ripped off, for an undisclosed amount for five years and to not publicize that licensing. Finally, Apple agreed to drop its lawsuit against Microsoft for patent infringement.

Some legal analysts estimate that Microsoft's ultimate cost of this settlement, counting the $150 million and the licensing of the software patents may have totaled over $2 billion dollars over the five years of the agreement. This is undetermined as both companies do not break out the income and expenses of their licensing income or expenses in their books. However, Microsoft cut it's losses when it sold it's Apple stock as soon as the restrictions expired in three years for about $450 million. . . so it was a good investment. But it was NOT a bail-out.

The interlocking agreements between Apple and Microsoft outlining all this are now available on the internet for those interested in digging them out and reading them.

148 posted on 04/26/2010 9:34:53 PM PDT by Swordmaker (Remember, the proper pronunciation of IE isAAAAIIIIIEEEEEEE!)
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To: Swordmaker

That is one way to interpret the events. At the time, the common interpretation was that Microsoft voluntarily pumped money into Apple for multiple reasons only some being the ones that you mentioned.

They were in real fear of the government breaking them up like they did AT&T. Pumping some money into Apple was cheap insurance compared to that consequence and settled some distracting lawsuits from Apple at the same time.

These companies sue each other all the time. Sometimes it is for obvious reasons, often the suits are for obscure reasons and they are settled secretly with various licenses being traded as a result. I would not over read Apple’s suits against Microsoft. Just look at how many outstanding suits Apple has filed and has filed against them at any given moment.

In the end, ongoing suits and countersuits is just the price of doing business. Facing the Feds who want to bust you up is the real threat, pulling Apple from the brink was Microsoft’s plea for their life when facing the federal executioner.


156 posted on 04/27/2010 6:09:31 AM PDT by dangerdoc
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