Apple's licensing offer raises questions about FRAND
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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shmerl
Member since:
2010-06-08

The bottom line - software patents must die. Or money hungry companies will just stall the industry with their idiotic wars.

Reply Parent Score: 2

Tony Swash Member since:
2009-08-22

The bottom line - software patents must die. Or money hungry companies will just stall the industry with their idiotic wars.


What is so absurd about apocalyptic comments like this is that in the last five years we have had incredibly fast innovation and much greater patent litigation. So the idea that the scale of litigation will slow innovation is simplistic and disproved by the actual course of events.

All industries and markets undergoing a period of intense disruption caused by paradigm shifting innovation have seen an accompanying wave of intense IP litigation. The litigation waves have all faded, as will this one.

Try to stay calm and carry on, the end of the world is not nigh (except for some big tech companies).

Reply Parent Score: 2

shmerl Member since:
2010-06-08

incredibly fast innovation and much greater patent litigation

We had fast innovation in spite of greater patent litigation (which only continues to rise). I.e. the innovation could be even faster. There is no point to even argue about that - the damage of software patents to the progress of technology is self obvious.

Reply Parent Score: 6

JAlexoid Member since:
2009-05-19

All industries and markets undergoing a period of intense disruption caused by paradigm shifting innovation have seen an accompanying wave of intense IP litigation. The litigation waves have all faded, as will this one.


Yes that is true. We have to note, however, that unlike other industries it's the challenger that is going after the established players. That is not the usual for disruptive innovation... Usually the established players point the patent guns at the newcomers. Here, Apple has pointed the guns at established players(for all the right and all the wrong reasons).

Reply Parent Score: 2

andydread Member since:
2009-02-02

"The bottom line - software patents must die. Or money hungry companies will just stall the industry with their idiotic wars.


What is so absurd about apocalyptic comments like this is that in the last five years we have had incredibly fast innovation and much greater patent litigation. So the idea that the scale of litigation will slow innovation is simplistic and disproved by the actual course of events.

All industries and markets undergoing a period of intense disruption caused by paradigm shifting innovation have seen an accompanying wave of intense IP litigation. The litigation waves have all faded, as will this one.

Try to stay calm and carry on, the end of the world is not nigh (except for some big tech companies). "

You want to know what's apocalyptic? The fact that Apple has ushered in the era where sitting at your computer and writing your own code can get you sued the shit out of by their laywers. Even if its your own code that is completely different than theirs. Totally different code and Apple can just come along and say "your code violates one of our zillions of patents you cannot distribute your code." "All your code are belong to us" Fuck Apple.. Will not recommend any of their products to anyone going forward until they stop this bullshit. Nor will I purchase anymore of their products until they stopit. screwem.

Reply Parent Score: 3