Linked by Thom Holwerda on Mon 22nd Oct 2012 13:36 UTC
Legal "One of the exhibits Samsung has now made public tells an interesting tale. It's the slide presentation that Apple showed Samsung when it first tried (and failed) to get Samsung to license Apple's patents prior to the start of litigation. While some of the numbers were earlier reported on when the exhibit was used at trial, the slides themselves provide more data - specifically on the difference between what Apple wanted Samsung to pay for Windows phones and for Android phones. The slides punch huge holes in Apple's FRAND arguments. Apple and Microsoft complain to regulators about FRAND rates being excessive and oppressive at approximately $6 per unit, or 2.4%; but the Apple offer was not only at a much higher rate, it targeted Android in a way that seems deliberately designed to destroy its ability to compete in the marketplace." Eagerly awaiting the 45 paragraph comment explaining how this is completely fair and not hypocritical at all. Bonus points if it includes something about Eric Schmidt being on Apple's board, and, double bonus point if it mentions one of the QWERTY Android prototypes. Mega Epic Bonus if it somehow manages to draw a line from Edison, Tesla, to Jobs.
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RE[7]: Apples and oranges
by Alfman on Wed 24th Oct 2012 14:46 UTC in reply to "RE[6]: Apples and oranges"
Alfman
Member since:
2011-01-28

oskeladden,

Thank you for that research!

Well, as illogical as it seems to not negotiate on price until after an official agreement, I guess I have a better feeling for why standards bodies agree to such vague "RAND" terms in the first place. Going through the thousands of potential patents to assess license fees up front is not something the standards body can afford to waste time doing, so they say "Screw it! We'll call them all RAND and move on."

I guess that I'm on the same page as the author; I dislike the ambiguities with the RAND approach, but I can understand why it's used in favor of getting bogged down in endless negotiations over what price to charge over individual bits of code.


My own opinion is if these firms themselves can't even be bothered to read each other's patents when building a standard, then what motivation should anyone, anywhere in the world ever have to read them either? If they had relevant technical merit in the first place, surely everyone on the standards committee would have read and understood each one of them. It reaffirms my belief that software patents have zero utility to devs who actually build stuff are mostly a means for lawyers to take profits out of software.

oskeladden, it occurs to me that you might be a patent lawyer yourself, are you? If so, no offence to you personally, I just liked the software field better before the lawyers got heavily involved ;)

Edited 2012-10-24 14:54 UTC

Reply Parent Score: 2