And MS's way of wanting say in features in future updates to android put on phones/tablets that have licensed from MS? Or having veto power over features? For things that their Patents don't even cover.
Also: Microsoft is also demanding exorbitant licensing fees for the use of Android. Indeed, shortly after Microsoft sent Barnes & Noble a proposed licensing agreement on or about January 6, 2011, Microsoft confirmed to Barnes & Noble that it was demanding licensing fees [redacted] for each NookTM and [redacted] for each Nook ColorTM. It is Barnes & Noble's understanding that these licensing fees that Microsoft demands for the use of the Android are the same, or higher, than the licensing fees that Microsoft charges for its own Windows Phone 7 -- despite the fact that Microsoft only claims ownership of only trivial and non-essential design elements in Android-based devices, as opposed to an entire operating system.
Sure we don't know those numbers, but $15 was what people were saying. At 2.25% that's around $670 per device. Last I checked xbox is cheaper then that, by alot. And I would say MS patents are more trivial then Moto's patents.
And who says that Moto hasn't offered 2.25% to everyone when they first start negotiating. If that's the case, they aren't being discriminatory.
Again, starting point, negotiate. What the Frand requires. MS/Apple skipped that part and went right to lawsuits. Apple didn't have a friendly judge in their backyard and got "unlucky".