Linked by Thom Holwerda on Mon 13th Feb 2012 19:26 UTC
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Member since:
2011-04-25
And this is REALLY bad logic.
Is the refusal to negotiate FRAND terms based on those FRAND terms or events external to the requirements of the standard? Clearly events external to the requirements of complying with the standard. Any decision to deny licensing outside of whether or not they are F and R is D.
So let's change your hypothetical: Company A makes an offer for FRAND patents to another Company B. Company B accepts at the SAME time as, or even AFTER, it launches what it thinks is a well-reasoned, "moral," and legal patent suit against Company A. Company A withdraws its FRAND offer and/or agreement. This is discrimination. The other legal attack is outside the pledged support of a required standard. The FRAND offer is being reneged based on competition, not liking the competitor, thinking the other is a bully, revenge (or, if you prefer, "defensively" in a non-standards-related legal matter). Not at all on whether or not a FRAND offer was made and if the offer was willing to be accepted. This is discrimination, the D in FRAND.
Your hypothetical even completely stops short of whether or not its FRAND -- saying, at that point, it's up to the court to decide (again, odd of you to fall back on the law in this case) while ignoring that the withdrawal of the FRAND offer is DISCRIMINATORY.
Edited 2012-02-14 01:10 UTC