Linked by Thom Holwerda on Sun 8th Feb 2009 16:30 UTC
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RE: This is the other side of IP and contract law.
by vivainio on Sun 8th Feb 2009 16:58
in reply to "This is the other side of IP and contract law."
RE[2]: This is the other side of IP and contract law.
by Thom_Holwerda on Sun 8th Feb 2009 17:12
in reply to "RE: This is the other side of IP and contract law."




Member since:
2005-11-10
With the recent news of Apple talking tough to Palm about the new Pre phone, it was clear that any conflict was between two companies with a pair bit to lose and a lot of patents on either side on which to bargain.
So, while the system isn't perfect, it does allow some measure of an level playing field when all players have a patent portfolio.
However, here it is the exact opposite. Apple is by far the larger player with more legal resources, but its would-be opponent is so small and new that the stakes are low. Other than legal costs, which are something but not the same as Palm talking a huge hit on millions of development costs, this PearC has nothing to lose, but much to gain.
Apple will have to spend much more to prosecute their case than PearC will need to defend it, as the stakes for Apple are so much higher. Even worse, the law in Germany might favor the defense.
But, having said all that, it is clear the likely outcome is either the clones are legal and Apple accepts them as such, and competes on their strengths, or Apple takes steps to make a custom chip that REAL apples must have to work. time will tell.