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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.

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Insider information | 101 comments | Create New Account
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Authored by: rsteinmetz70112 on Sunday, November 04 2012 @ 02:33 AM EST
Some markets are more open that others. Commodity markets (markets involving
large quantities of comparable goods) are more efficient if there is more
information available.

However complex negotiations involving uniquely situated parties do not
necessarily work the same way.

For example if I were IBM I might offer a better deal to Samsung in order to
foster a strategic partnership. I might not offer Microsoft or HP the same deal
because they are a much more direct competitor, nor should I be forced to. I
might not make the same deal with Sharp because of concern that they might soon
be taken over by someone hostile to my plans. Part of the judgment is based on
my strategic plans which I would not want to reveal to my competitors. Since
most of the deals involve cross licensing, I also need to evaluate the strength
of the other parties portfolio and their willingness to cross license it to me.


his may seem somewhat discriminatory, but it is based in the value I would
receive from the license. I get more value from a willing and cooperative cross
licensee than from a deceptive and arrogant competitor.

In the current cases both Apple and Microsoft are demonstrating that not only
are they not willing to reciprocate but that are aggressively litigating
questionable patents for the sole purpose of disrupting and denigrating their
competitors.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

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