|
|
|
| Authored by: cricketjeff on Tuesday, January 29 2013 @ 11:54 AM EST |
That is what should happen, and thus is not gonna happen!
---
There is nothing in life that doesn't look better after a good cup of tea.[ Reply to This | Parent | # ]
|
| |
| Authored by: tknarr on Tuesday, January 29 2013 @ 01:52 PM EST |
I think the idea behind FRAND is that as long as MS will negotiate in good
faith no injunction should issue. Motorola is required to grant a license on
fair and reasonable terms, so the assumption is that a license will be granted
eventually and the only question is what the royalty will be. In that case money
is always sufficient compensation, we're just sorting out the exact number. Only
if Microsoft refuses (as they have so far) to negotiate in good faith would the
situation change to one where a license might not be granted. That's in contrast
to "normal" terms, where the default starting point is that a license might not
be granted (eg. the patent-holder makes products and they don't want money, they
want to exclude competition from the market by not licensing anybody else to use
their patents (which normally is something they're legally entitled to)). [ Reply to This | Parent | # ]
|
|
|
|
|
