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In a First, Seattle Judge Sets RAND Rate in MS v. Motorola ~pj | 352 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
In a First, Seattle Judge Sets RAND Rate in MS v. Motorola ~pj
Authored by: timkb4cq on Saturday, April 27 2013 @ 06:15 AM EDT
Oh, so now setting your opening offer in a negotiation too high is a demand?
And not only a demand but one that allows the firm using your I.P. to not
negotiate at all but run to the courts instead?

Motorola didn't run to the courts demanding an injunction, they just tried to
open negotiations in what used to be the ordinary course of business in such
matters.

[ Reply to This | Parent | # ]

It depends
Authored by: Anonymous on Saturday, April 27 2013 @ 02:46 PM EDT
That would depend upon the definition being used for "open standard":
The definitions of the term "open standard" used by academics, the European Union and some of its member governments or parliaments such as Denmark, France, and Spain preclude open standards requiring fees for use, as do the New Zealand, South African and the Venezuelan governments. On the standard organisation side, the World Wide Web Consortium (W3C) ensures that its specifications can be implemented on a royalty-free basis.
Someone who is against Free Software would be more than happy to see a minimal royalty rate on a patent. Even a rate of a single penny per unit being required would preclude the implementation from being shared freely.

Someone who favors Free Software might just as soon see prohibitively high royalty rates on patent encumbered, proprietary solutions so that truly open standards should have a better chance of garnering widespread adoption.

[ Reply to This | Parent | # ]

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