Linked by Thom Holwerda on Sat 3rd Aug 2013 20:34 UTC
Legal The Obama administration:

After extensive consultations with the agencies of the Trade Policy Staff Committee and the Trade Policy Review Group, as well as other interested agencies and persons, I have decided to disapprove the USITC's determination to issue an exclusion order and cease and desist order in this investigation.

Lots of talk about SEPs and FRAND in Obama's decree, which means that the Obama administration contradicts everything the ITC has said. To freshen your memory, the ITC ruled that not only was the patent in question not a standard essential patent, but Samsung's offer was actually proper FRAND:

Additionally, the Commission found that there were still disputed issues concerning the patent at issue was even actually essential to the standard (and therefore whether a FRAND or disclosure obligation applied at all).


The Commission analyzed the history of negotiations between Apple and Samsung (this portion is heavily redacted) to see if Apple showed that Samsung failed to negotiate “in good faith,” and found that Apple failed to do so. Notably, the Commission dismissed Apple’s arguments that (1) Samsung’s initial offer was so high as to show bad faith, and (2) Samsung’s attempts to get a cross-license to Apple’s non-SEPs violated its FRAND commitments.

In other words, the Obama administration threw out virtually everything the ITC has said in order to protect Apple. This effectively means that American companies can infringe on non-American companies' (standard essential) patents all they want, because the president will simply step in if they try to fight back.

So, I was wrong. I expected the Obama administration to be impartial and not give such a huge slap in the face of the ITC - as cynical as I usually am, I can still be naive. Protectionism is more important to the POTUS.

Thread beginning with comment 568879
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[3]: Speak with your wallet
by MOS6510 on Sun 4th Aug 2013 19:56 UTC in reply to "RE[2]: Speak with your wallet"
Member since:

I can copy multimedia files from my Macs and play them on Windows and Linux systems.

A more valid point would be iOS apps that don't work on non-iOS devices. Or Mac software.

Then again, it's the same going from other systems to iOS/OS X.

Reply Parent Score: 2

RE[4]: Speak with your wallet
by novad on Sun 4th Aug 2013 20:08 in reply to "RE[3]: Speak with your wallet"
novad Member since:

I know it's possible (and I often do it for them) but I speak about the lambda user who doesn't know how to do and it's not always trivial (for example eBooks).

I didn't speak about the software as it is obvious (at least for people in this forum ;-) )

Reply Parent Score: 2

RE[5]: Speak with your wallet
by MOS6510 on Sun 4th Aug 2013 20:19 in reply to "RE[4]: Speak with your wallet"
MOS6510 Member since:

That's a large majority on any consumer system.

I know Windows users that don't know which Windows version they have or how the Start menu works.

My wife has an iMac and dumps everything on her desktop and never clears her downloads folder. Her husband is Mr. Apple and still she doesn't know a lot of basics.

On holiday a guy proudly told me he discovered a new feature on his iPad: the space bar. Some time ago he typed an email and when he was done all the words were stuck to each other. He explained how the space bar worked. He only used his iPad for a newspaper app.

Reply Parent Score: 3