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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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Alternative ways to reduce the royalty bearing price | 130 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Licence installers
Authored by: Anonymous on Saturday, January 05 2013 @ 10:00 PM EST
No - it's a percent of the retail price.

[ Reply to This | Parent | # ]

Alternative ways to reduce the royalty bearing price
Authored by: Anonymous on Sunday, January 06 2013 @ 12:20 AM EST
As the royalty rate here is on the selling price, not the profits, isolating the
royalty carrying step to a subsidiary/complicit value adding reseller won't
help.

A different trick seems to be actually accepted by Motorola in the examples in
its brief: Put the license needing part in a separately priced "optional
extra" (like the Wi-Fi adapter for older XBox 360s or the downloadable
Windows Media Player for the "N" and "NK" variants of
Windows), then make that product a "loss leader" by selling it as
cheaply as they can get away with, while relying on no-one buying it without the
profitably priced product.

Another option could be for a subsidiary/complicit company to make a "Wi-Fi
complete" package of chip and software with the royalties fully paid up (as
X% of the low price of that bundle), then having the main company simply buy
this bundle as a card/part to install. Again the Motorola brief hints to this
when it argues that neither the chip from Marvell, nor the chip design from ARM
included a license that covered all the Wi-Fi stuff in the XBox 360 S.

[ Reply to This | Parent | # ]

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