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| Authored by: Anonymous on Saturday, April 27 2013 @ 10:52 AM EDT |
No, the parent provided an argument for why this judge was wrong to do a
"hypothetical negotiation" instead of forcing the two companies to do
an ACTUAL negotiation. As was presented in court, the 2.25% rate is Moto's
STANDARD opening bid in negotiations. FRAND - Fair, Reasonable, and
Non-Discriminatory. Fair - everyone gets the same starting point. Reasonable -
they know it will be negotiated down. Non-Discriminatory - again, EVERYONE gets
the same starting point to negotiations.
Microsoft, instead of entering negotiations (as EVERY OTHER company has done),
runs to court. Microsoft could have come back with "No, we think it should
be x (potentially even lower than what the judge awarded), because y." At
that point Moto counter-offers again, and several rounds of negotiation occur.
This is what happens in the business world EVERY DAY. And opening levels are
often very high - fully knowing that the ultimate negotiated price, based on a
variety of factors, may be at 1% or less of the initial statement. Happens
every day around the world.
Again, the correct solution, IMHO, would have been for the judge to simply say -
"go away and negotiate - if you haven't settled in (x rounds or y
timeframe, whichever he chooses), you MAY have grounds to come back here."[ Reply to This | Parent | # ]
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| Authored by: DMalone780 on Wednesday, May 01 2013 @ 07:39 AM EDT |
Would you be so kind as to explain your understanding of a
negotiating process.
As I read what you have written, it would be like me going
into a used car dealership, and when they tell me the price.
instead of either giving a counter offer or paying the
requested price. I ran to a friendly court that hates the
dealer, and they set the cars price for half or less than
the dealerships initial requested price. Lower than what the
requested book value is for the car, because I can get the
car that has been flood damaged for less from a salvage yard
on a salvage title.
While the facts may be true and accurate. It would be very
difficult to call it fair.
[ Reply to This | Parent | # ]
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