Linked by Thom Holwerda on Mon 22nd Oct 2012 13:36 UTC
"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[3]: Apples patents are not FRAND
by cyrilleberger on Tue 23rd Oct 2012 10:00
in reply to "RE[2]: Apples patents are not FRAND"
Member since:2006-02-01
Do you even have the slightest shred of evidence that "everyone prior to Apple" willingly provided reciprical licensing to non-FRAND patents in exchange for FRAND patents, or do you not even mind just making crap up now?
Most patents licensing deals are secrets, so it is impossible to find such proof. But it sounds likely, since most lawsuit seems to involve Apple with an "old" manufacturer (Samsung, Motorola, HTC...), and no in-fighting between those manufacturers.
(Last I checked: this started with an Apple and Nokia dispute that was resolved amicably with Apple resolving to pay for FRAND patents at a reasonable rate with no reciprical licensing of non-FRAND patents. And it's only Google and Samsung demanding absurd rates on FRAND patents.)
A spokesman for Apple said: "Apple and Nokia have agreed to drop all of our current lawsuits and enter into a licence covering some of each other's patents, but not the majority of the innovations that make the iPhone unique." (source: http://www.guardian.co.uk/technology/2011/jun/14/apple-nokia-patent...)
It does hint that Nokia got a license for some of Apple patents.
And, even if you had any evidence of such behavior, this is still a violation of FRAND: FRAND Standard Essential Patents should not be used as levers to gain access to other IP. Ultimately, this butts up against non-discriminatory (i.e. companies with useful IP get FRAND patents cheap; companies without useful IP pay more for FRAND patents than others).
Where does it says that FRAND should not be used to gain access to other IP ? It says you can ask for a "Reasonable" payment, cross licensing non-FRAND with FRAND might be considered as "Reasonable" payment. And apparently, in case of Nokia, Apple thought it was.
RE[4]: Apples patents are not FRAND
by Thom_Holwerda on Tue 23rd Oct 2012 11:44
in reply to "RE[3]: Apples patents are not FRAND"
Member since:2005-06-29
Features
Linked by Thom Holwerda on 05/21/13 21:38 UTC
At an event earlier today, Microsoft unveiled the next Xbox - the third model, but confusingly named Xbox One. The big focus was TV, integrated Kinect, and all the other stuff we all expected to be forced down our throats. I think it took them 25 minutes to actually come to what should be the core of the story: gaming. Nothing groundbreaking in the gaming department, except for how Microsoft intends to handle the used games market and borrowing games from friends: pay up, buddy!
Linked by Thom Holwerda on 05/20/13 11:29 UTC
The day has finally come! Jolla has finally announced the launch device for its Sailfish operating system - and by god this is a looker. It's decidedly different from other phones out there, but it has good specifications and carries a relatively reasonably price tag - EUR 399, and it's up for pre-order today, shipping in the fourth quarter of this year.
Linked by Thom Holwerda on 05/18/13 21:33 UTC
Why does Google get so much credit in the technology industry? Why, despite the company's many obvious failings, do many geeks and enthusiasts still hold a somewhat positive view on the all-knowing technology giant? A specific talk at Google I/O this week provides the answer.
Linked by David Adams on 05/16/13 4:23 UTC
OSNews is a sponsor of this year's O'Reilly OSCON in Portland, Oregon, USA. A lucky OSNews reader will win a free three-day pass, including two tutorials days. To win the pass, post a comment on this story saying something about Open Source Software or OSCON. We'll pick a winner at random next week. If you don't have an OSNews account, you may email us your entry. Part of the conference is the 9th annual Open Source Awards, and today the 16th is the deadline for nominations. If you'd like to nominate an outstanding open source contributor, do it here. Read on for more information about OSCON. Update: The 20% discount code for OSNews readers is "OSN."
Linked by Thom Holwerda on 05/11/13 21:41 UTC
"Windows is indeed slower than other operating systems in many scenarios, and the gap is worsening." That's one way to start an insider explanation of why Windows' performance isn't up to snuff. Written by someone who actually contributes code to the Windows NT kernel, the comment on Hacker News, later deleted but reposted with permission on Marc Bevand's blog, paints a very dreary picture of the state of Windows development. The root issue? Think of how Linux is developed, and you'll know the answer.
Linked by Thom Holwerda on 05/08/13 14:22 UTC
This is one of those news items that's fun to write, fun to read, fun to comment on, and where no one will be able to say anything unkind. It's all just one big ball of awesome fluffiness. TuneTracker, the BeOS radio automation software, has just released something very special: TuneTracker System 5, the first version designed entirely and specifically for Haiku. In fact, it actually includes Haiku in the software package. Better yet, TuneTracker also unveiled several system-in-a-box products - which have Haiku and TuneTracker pre-installed.
Linked by Thom Holwerda on 05/02/13 15:28 UTC
Exactly twenty years ago, a document was published that played a huge role in establishing the web as we know it today. Twenty years later, and this simple and straightforward document is proof of an irrefutable fact: while closed technologies can change markets, open technologies can change the world.
Linked by Thom Holwerda on 04/29/13 21:06 UTC
Oh multitasking. That staple of computing that got thrown out the window with many modern smartphones. We got some rudimentary thing in its place - but even as multitasking on phone and tablets improves, its user-visible side remains cumbersome. Windows 8 has a neat implementation, and now it's time Android follows in it footsteps.
Linked by Thom Holwerda on 04/24/13 22:24 UTC
They're here! Whether that excites you or not remains to be seen, but the Galaxy S4, which will most likely become the best selling Android smartphone of the year by a huge margin, has been reviewed by all the major sites, and there's lots of interesting conclusions in there - although I think most of you will get the gist.
Linked by Thom Holwerda on 04/18/13 11:21 UTC
Nokia has posted its quarterly results for the first quarter of 2013, and just like the quarters that came before, there's not a whole lot of good news in there. The rise in Lumia sales still can't even dream of making up for the sales drop in Symbian phones, and when broken down in versions, the sales figures for Windows Phone 8 Lumias in particular are very disappointing. In North America, Nokia is getting slaughtered.More Features »
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Do you even have the slightest shred of evidence that "everyone prior to Apple" willingly provided reciprical licensing to non-FRAND patents in exchange for FRAND patents, or do you not even mind just making crap up now?
(Last I checked: this started with an Apple and Nokia dispute that was resolved amicably with Apple resolving to pay for FRAND patents at a reasonable rate with no reciprical licensing of non-FRAND patents. And it's only Google and Samsung demanding absurd rates on FRAND patents.)
And, even if you had any evidence of such behavior, this is still a violation of FRAND: FRAND Standard Essential Patents should not be used as levers to gain access to other IP. Ultimately, this butts up against non-discriminatory (i.e. companies with useful IP get FRAND patents cheap; companies without useful IP pay more for FRAND patents than others).
Edited 2012-10-22 15:41 UTC