decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
it's very easy [...] to complain something is not fair because it is adverse to their position | 210 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Patents problem visbility raised
Authored by: Gringo_ on Friday, July 06 2012 @ 11:45 PM EDT

The link provided leads to a BBC article called "Patent war talks to be hosted by UN agency to protect innovation".

I would like to congratulate the BBC for getting the story straight.

The story is - Microsoft and Apple have been frustrated at times in their attempts to shake down both Samsung and Motorola. These latter two responded to the shake down attempts with "FRAND" patents. So then at least Microsoft started a campaign to try to restrain FRAND patents, with some success. They seemed to have gained the sympathy of more than one body.

In this article we see the issue being raised at the level of the UN, which to me is quite surprising because I didn't think the UN concerned itself with such issues - what with all the wars and starving children in the world.

So the BBC article started off talking about the concerns about FRAND patents, and at first I was really concerned I was going to see the same old propaganda so successfully propagated by Microsoft. Instead, the BBC article showed understanding of the issues...

Companies are supposed to license standards-essential patents on fair, reasonable and non-discriminatory terms (Frand)

However, lawyers have noted that doing so would deprive other companies of way to counter-attacking other types of patent lawsuits pursued by the two companies.

Motorola Mobility - now owned by Google - managed to impose a brief sales ban of iPhone and iPads in Germany last year after Apple refused to pay it a licence fee. The dispute centred on a patent deemed crucial to the GPRS data transmission standard used by GSM cellular networks .

Motorola has also attempted to ban Xbox games consoles and Windows 7 software in Germany after Microsoft refused to pay it fees for a technology necessary to offer H.264 video coding and playback.

Samsung has also attempted to use its 3G patents to bar Apple from selling products in Europe, Japan and the US.

The efforts have led the EU to launch official investigations into both Motorola and Samsung's behaviour.

'No simple answer'

However, industry watchers note that Apple has used lawsuits to ban Samsung products in both the US and Australia and attempted to restrict sales of other companies' devices powered by Android.

Microsoft has also demanded and secured license fees from manufacturers making smartphones using Google's operating system.

A German court gave Motorola the right to ban the Xbox console from sale in Germany in May Illya Kazi, a member of the UK's Chartered Institute of Patent Attorneys said competing interests would make it hard to resolve the matter.

Once again - congratulations to the BBC!

[ Reply to This | Parent | # ]

it's very easy [...] to complain something is not fair because it is adverse to their position
Authored by: SilverWave on Saturday, July 07 2012 @ 06:24 AM EDT
Illya Kazi, a member of the UK's Chartered Institute of Patent Attorneys said
competing interests would make it hard to resolve the matter.

"The situation is complex and it's very easy for someone to complain
something is not fair because it is adverse to their position," he told the
BBC.

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

  • Translation? - Authored by: Anonymous on Sunday, July 08 2012 @ 03:33 PM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )