Linked by Thom Holwerda on Mon 24th May 2010 10:45 UTC
Legal Nero AG, a company with one of the most fitting names ever (can you imagine a company called Hitler or Stalin 2000 years from now?), has filed an anti-trust lawsuit against the MPEG-LA. The German technology company claims the licensing body has abused its monopoly power, and that is has not honoured agreements made with the US Department of Justice. There's some juicy stuff in here.
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Karitku
Member since:
2006-01-12

Well since Thom tries to make MPEG-LA bad by using Nero case as fact lets bring some intresting points from MPEG-LA response.

Earlier this year, MPEG sued Nero for breach of contract when it stopped paying to license technology that's part of the MPEG pool. Nero's suit was a standard countermeasure.
First try to skip license payments then accuse them monopoly. Sounds like company that isn't doing so well.

Beeney, who will be defending the case with his colleague Michael Steinberg, told us that similar allegations against patent licensors have been rejected by various jurisdictions, including the U.S. Court of Appeals for the Federal Circuit in Princo v. U.S. Philips.
So blaming monopoly isn't new strategy and it has failed before.

Ofc you have choice to either believe someone who is completely biased, Thom, or real press who don't pull such a childish "patent troll" crap on every possible point.

Reply Parent Score: -9

Thom_Holwerda Member since:
2005-06-29

First try to skip license payments then accuse them monopoly. Sounds like company that isn't doing so well.


Or, you read Nero's account and learn WHY they stopped paying. How 'bout that?

Ofc you have choice to either believe someone who is completely biased, Thom, or real press who don't pull such a childish "patent troll" crap on every possible point.


So, stating something that is 100% true (namely, that Larry Horn is a patent troll), is not "real press"?

Weird idea of "real press" you have.

Edited 2010-05-24 12:44 UTC

Reply Parent Score: 8

sorpigal Member since:
2005-11-02

First try to skip license payments then accuse them monopoly. Sounds like company that isn't doing so well.

Obviously you lack the ability to do basic research like, you know, reading the actual complaint Nero filed. If you had bothered to do that instead of just believing whatever tripe your buddies in the MPEG-LA choose to feed to you then you might have noticed that MPEG-LA

1) Changed the definition of what constituted a sale, contradicting previous agreements with Nero.
2) Demanded royalties retroactively for years-worth of sales.

A suit of this nature might be reasonable and normal for Nero if only 1) had occurred, but given 2) it is absolutely essential.

How would you feel if your land lord came to you and said "I'm raising the rent on your apartment by 80% and I'm doing it retroactively since you moved in, so you own me 80% more per month since you've been here. With interest. Here's a bill, now pay up!"? Most people could not afford that, as Nero likely cannot afford it.

Edited 2010-05-24 17:37 UTC

Reply Parent Score: 11