Comment No provenance; spectrum leases (Score 3, Informative) 103
Microsoft did the research and built the tech, anyone who doesn't want to pay royalties is free to fund their own R&D and develop their own technology.
Unlike copyrights, patents disregard provenance. This means that even someone who does fund his own research and development could end up independently reaching the same solutions* that Microsoft engineers reached. This would run the risk of having production shut down by Microsoft's legal department.
Again, vendors are free to develop their own technology, nothing stops them
One thing that stops them is the exclusive license granted by national radio regulators to cellular network operators. All cellular network operators holding substantial spectrum leases have chosen to require the use of patented protocols to communicate with their networks.
* "Same" here shall be interpreted in accordance with the doctrine of equivalents.