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Injunctions are not needed in a FRAND dispute. OSS should be against injunctions. | 86 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Blackberry Tells the Federal Circuit Judge Posner Got It Wrong Re No Injunctions for FRAND Patents in Apple v. Motorola ~pj
Authored by: Anonymous on Friday, May 10 2013 @ 01:43 PM EDT
I'm sure submitting the language to the Court would be a fair use. ;)

But I doubt Prenda would agree.

[ Reply to This | Parent | # ]

Agreed - this is what we've been saying. I still can't believe Apple...
Authored by: Anonymous on Friday, May 10 2013 @ 02:14 PM EDT
I still have a hard time believing Apple is playing these ridiculous legal
games. We have all come to expect this garbage from Microsoft (and its shills
like SCO).. But Apple? I hear they are even pricing their machines outside the
reach of Schools now and are being replaced by Windows :-(

Such a grim shadow they are casting over the future of technology. If only we
could neutralize the patent trolls and get a serious open source OS that isn't
held back by proprietary driver problems. Imagine how much real growth we would
see.

What is the bright future Apple and Microsoft think they are trying to paint?
"We kill all standards that we don't control and extort money from all
competitors"

:-(

[ Reply to This | Parent | # ]

Injunctions are not needed in a FRAND dispute. OSS should be against injunctions.
Authored by: Anonymous on Friday, May 10 2013 @ 04:07 PM EDT
An FRAND dispute can really only be about the amount of the licensefee for the
FRAND technolgy.

There are enough judicial means to settle a dispute about licensing money
without using injunctions. By negotioans, by getting binding arbitration or even
b y asking for damages in a courtcase.
The money can be secured for instance by the seizure of money in bankaccounts or
by getting assets frozen.

Getting an injunction would allow organizations to control access to the use of
essential standards. Private organizations controling essential standards would
not be in the public interest.
The open source community should support the pratice of not allowing injunctions
for essential standards. It allows EVERYBODY that wants to use standards, to do
so.

[ Reply to This | Parent | # ]

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