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
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

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


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

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
Your response was a big disappointment | 264 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Your response was a big disappointment
Authored by: Anonymous on Wednesday, December 12 2012 @ 02:59 PM EST
I apologize if I disappointed you. Well, not really, but I'm
not trolling.

I don't particularly care about the instant litigation, as I
don't have a dog in the fight. The sun will rise, the sun
will set, one company will transfer money to another, and
life will go on. Eventually, the two companies will enter
into a comprehensive settlement, and everyone will look back
on the fuss, and wonder why they were so passionate about
it. This is all about positioning. I do find the legal
issues fascinating, however.

I will expand on my earlier point regarding FRAND licenses.
The reason that I think that the various antitrust entities
(EU, US primarily) are starting to sniff around this issue
is because it's a potentially huge one (subject to
disclaimers below). Here it is in a nutshell- a lot of what
we love about tech is built on the shoulders of giants.
Let's posit that a given overall "solution" can have a
number of different implementations. A company can offer an
implementation as a standard, and in exchange for that (say,
as a FRAND) they get a good return, but they can't go ahead
and "weaponize" it.

Which is why some patents (unencumbered by FRAND) are more
valuable for *LITIGATION* than others.

Try to analogize it to property. Think of it in terms of 30
different ways to get across a river. One person says, "Hey,
if you use my bridge, I'll let everyone pass for a low toll.
Promise." So everyone says this is a good idea, and the
bridge owner gets a steady stream of income, and everyone's
happy, and the other 29 bridges get dynamited. 10 years
later, the bridge owner then says, "Hey, my bridge is the
MOST valuable because without it, no one can cross the
river."

Now, I can caveat these statements by acknowledging that,
yes, the IP systems sucks and Congress needs to act. But I'm
not a fan of either side- I really enjoy this type of high
level litigation. What I find fascinating is that so many
people here (and on other sites) are viewing this like its a
sports event. Samsung doesn't care about you. Apple doesn't
care about the trolls on other sites.

And hear me now and believe me later- Samsung will throw
Android under the bus as soon as it is profitable to do so.
My guess is it won't be too long. The enemy of my enemy is
my friend might be a wonderful aphorism, but Corporations
aren't your friend.

[ Reply to This | Parent | # ]

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 )