From the section of the annual report where Palm must spell out all its business risks it reads at one point:
Contemporaneously with the license agreement, we entered into a co-development agreement with PalmSource to develop a next-generation Palm OS for use in future Palm products. PalmSource did not timely meet certain of the milestones under the co-development agreement, relieving us of our obligation to make minimum royalty payments under the license agreement after calendar year 2006. We are presently in negotiations with PalmSource to expand our development and distribution rights to the current version of the Palm OS. If we are unable to successfully conclude these negotiations, it may adversely affect our ability to develop and distribute new products based on a next-generation version of the Palm OS.
Ok, so Palm and PalmSource were working together on the new Palm OS, PalmSource missed some project milestones, and Palm told them "we need a new agreement." And the agreement they are seeking is... what now? For Palm to get expanded development rights to the current version of Palm OS--not the Linux version that was being developed under the previous agreement. Why would they want this, and why do they say that if these negotiations fail it will affect their ability to ship products with a next-generation Palm OS? The clearest interpretation is that Palm plans to take charge of developing its new operating system instead of PalmSource/ACCESS.
As I've discussed elsewhere (and had confirmed by an insider) Palm has indeed been separately working on their own Linux successor to Palm OS, but the annual report provides the first official information that suggests this development. We can surmise that the need to negotiate for expanded development rights on the existing Palm OS code base is due to a desire to provide backward compatibility with existing Palm OS applications, perhaps to get the rights to distribute a Palm OS Garnet emulator and HotSync technology within their new platform.
Elsewhere in the annual report we have it that Palm hired 130 people for research and development last year, increasing R&D expenditures 51% over FY2005. That's a lot of new people doing research in a company the size of Palm--another hint of Palm's new ambitions.
I can think of some good reasons why Palm has apparently decided not to license PalmSource's ACCESS Linux Platform. Given the language above as well as promises elsewhere in the report to release new Palm OS products, it's obviously not because Palm is planning to go completely over to Windows Mobile (although that could be an eventual fallback position if the negotiations described fail). A more likely reason is this: since PalmSource was acquired by ACCESS, Palm entered a very risky situation of depending on a new and foreign company's business plans--a company with aspirations to license the PalmSource operating system much more broadly than PalmSource was ever able to do. If ACCESS is successful in this ambition it would dilute Palm's uniqueness in a market that is already getting very competitive. Even if the number of vendors allowed to license PalmSource's operating system were limited to avoid this, there would still be no guarantee that ACCESS would share the same priorities as Palm. For example, one of the primary focuses of ALP is on delivering a better user experience for handsets that lack touchscreens--a device class in which Palm has yet to show any interest.
It's no surprise that Palm bid fiercely to acquire PalmSource itself when ACCESS and Motorola started their bidding war last year. Let's hope for their sake that they are successful this time in negotiating the rights they need to bring the next version of Palm OS to market.
Related article: Seven misconceptions about Palm's new annual report
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