Linked by Thom Holwerda on Mon 13th Feb 2012 19:26 UTC
In the News The first big hurdle has been taken by Google and Motorola Mobility. The European Union has given the green light for Google to proceed with its acquisition of Motorola Mobility. The EU will, however, monitor the deal and its outcome for potential patent abuse. Update: And there we go, the US DoJ has approved the deal as well. Update II: The just-linked DoJ report also approves the Nortel patent sale to Apple, Microsoft, and RIM. I'm hoping for lots of fireworks here so the patent system blows up in Google's, Microsoft's and Apple's faces, so we can point and laugh about all the money they wasted.
Thread beginning with comment 507024
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[17]: Huh?
by jared_wilkes on Tue 14th Feb 2012 01:06 UTC in reply to "RE[16]: Huh?"
jared_wilkes
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

Reply Parent Score: 0

RE[18]: Huh?
by Thom_Holwerda on Tue 14th Feb 2012 01:14 in reply to "RE[17]: Huh?"
Thom_Holwerda Member since:
2005-06-29

Company A withdraws its FRAND offer and/or agreement.


If that happens, then yeah, that's not good. It's still understandable, though, in the face of a legal assault.

Reply Parent Score: 1

RE[19]: Huh?
by jared_wilkes on Tue 14th Feb 2012 01:21 in reply to "RE[18]: Huh?"
jared_wilkes Member since:
2011-04-25

No, it is neither understandable or legally acceptable.

Reply Parent Score: 1