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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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Won't work - companies won't contribute to standards | 282 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Won't work - companies won't contribute to standards
Authored by: Anonymous on Thursday, March 14 2013 @ 05:30 PM EDT
I think you have hit the nail on the head. The government
needs to stop protecting all these companies. Let them
compete in the market, not in the courts.

[ Reply to This | Parent | # ]

  • Trouble is - Authored by: Wol on Friday, March 15 2013 @ 04:21 AM EDT
Err.... most
Authored by: Anonymous on Friday, March 15 2013 @ 12:24 PM EDT

You state:

Companies that want to use standard technologies that are patented reasonably will approach the holders of that IP and negotiate a license
Bolding mine. Yuppers, I agree... Most companies will do just that.

However, as we saw in the one Apple Lawsuit where Apple actually told the Judge (my paraphrasing):

    If you don't decide on the royalty we want, we will not abide by your ruling!
Nope... Apple certainly did not want to reasonably negotiate. They wanted to dictate:
    to lay down authoritatively: "attempts to dictate policy"
My humble opinion based on what occurred.

What's sad is that this whole question of what to do about SEP's and whether or not SEP holders should be able to ask for products to be halted have stemmed from that very same extreme situation.

How is it not possible for the FTC to realize the only problem is that Apple does not actually want to negotiate but only dictate?

By Apple's very own behavior:

    Apple does not want to pay a penny for others SEPs!
    If caught and actually forced to pay (the nerve), Apple wants an official body to declare that Apple only needs to pay what Apple is willing to pay!
Talk about an Ego where the entity believes they are above the Law.

RAS

[ Reply to This | Parent | # ]

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