Samsung has just released version 1.0 of their open-source implementation of ex-FAT [1]. Why aren't they using that? I think it should at the very least work with 64+ GB microSD cards, if not with smaller ones, which I'd be fine with.
If they still think it's risky to be sued by MS, I think that lawsuit would be well worth it. At worst, they risk losing a few tens of millions of dollars (I doubt the "damages" that can be claimed would be more than that for a single Nexus model).
But the potential upside is huge. If they win, then not only Google, but every other OEM can finally stop paying Microsoft for FAT/ex-FAT patents, and just use that. Heck, they can probably even convince Samsung and a few other OEM's to pony up a pool of money for the trial, if they don't want to take it all on themselves.
The value/cost would be orders of magnitude bigger than what Google paid for Motorola's patents. And if they win, the potential savings for all OEM's who still use microSD cards, would be in the billions of dollars.
As for my personal expectations of this happening, I think Google is too chicken to do it, as they usually are when it comes to such confrontations, but I see Samsung doing it soon. What is Microsoft going to do to Samsung? Beg them not to buy Windows from them anymore? (which is what they'd risk doing if they sued Samsung)
I have a strong suspicion that the only reason Samsung even agreed to pay them for the patents in the first place was because it was part of a deal with Microsoft, in which they got lower prices for Windows licenses, which means Microsoft may even lose or break even at most with Samsung in that deal. Microsoft would've definitely agreed to something like that, because having Samsung on their "extortion list" meant every other company would then start to give them money, too - which is exactly what happened as soon as Samsung agreed to pay, and Microsoft made it public.
If they still think it's risky to be sued by MS, I think that lawsuit would be well worth it. At worst, they risk losing a few tens of millions of dollars (I doubt the "damages" that can be claimed would be more than that for a single Nexus model).
But the potential upside is huge. If they win, then not only Google, but every other OEM can finally stop paying Microsoft for FAT/ex-FAT patents, and just use that. Heck, they can probably even convince Samsung and a few other OEM's to pony up a pool of money for the trial, if they don't want to take it all on themselves.
The value/cost would be orders of magnitude bigger than what Google paid for Motorola's patents. And if they win, the potential savings for all OEM's who still use microSD cards, would be in the billions of dollars.
As for my personal expectations of this happening, I think Google is too chicken to do it, as they usually are when it comes to such confrontations, but I see Samsung doing it soon. What is Microsoft going to do to Samsung? Beg them not to buy Windows from them anymore? (which is what they'd risk doing if they sued Samsung)
I have a strong suspicion that the only reason Samsung even agreed to pay them for the patents in the first place was because it was part of a deal with Microsoft, in which they got lower prices for Windows licenses, which means Microsoft may even lose or break even at most with Samsung in that deal. Microsoft would've definitely agreed to something like that, because having Samsung on their "extortion list" meant every other company would then start to give them money, too - which is exactly what happened as soon as Samsung agreed to pay, and Microsoft made it public.
[1] - http://www.phoronix.com/scan.php?page=news_item&px=MTQzODQ