Come on DED. So you attribute this story to FOSSPatents but don't provide a link? You basically recap the story here, so a link would be nice. There, I did it for you.
Why does Moto needs Apple's entire patent portfolio?
Why? To insulate Google.
Bottom line: I'd laugh uncontrollably at them and everyone of their attorneys, CEO, Chairman and anyone else I could get a hold of, while on the bench, and then fine them for their hubris to the tune of several billion dollars both for wasting the courts time and for this absurd attempt at abuse of power with FRAND patents.
I see now my question was flawed. I can see why Moto wants all of Apple's patents the question I should have asked is: How could they possibly think that is ever going to happen?
Why doesn't Apple just buy up some FRAND IP and do the same to Android phones? Hell… they could buy up Qualcomm itself which I am sure has some IP in there too.
Why doesn't Apple just buy up some FRAND IP and do the same to Android phones? Hell? they could buy up Qualcomm itself which I am sure has some IP in there too.
Do what same, attempt to abuse the FRAND power? How does that make them better than everyone else? How does that make it right?
I'd much rather Apple just do everything legally. Let the abusers get caught and have their worlds come crashing down around them.
Oh dear, Moto are going to get spanked in Europe for this.
There are parallels to Microsoft's behaviour back in the early 2000s. IIRC they told Sony that they wanted access to all of Sony's IP in return for the Windows license. Sony said "you've got to be kidding", and the authorities climbed all over Microsoft's ass.
Here we have a standards essential patent, and Moto doing something very similar.
Hope Google have deep pockets cause the fines will be huge.
I read those statements differently. The entire patent portfolio statement is with regards to Motorola getting the licenses to use. The mutual carve-outs are with respect to which of Apple's patents also get licensed to all Android device makers. In other words, Motorola gets it all, and other vendors get only a subset.
Is that how others read it?
That's how I read it.
What I don't understand is the two mutually exclusive situations we have here.
For one, we're being told that motorola is doing all these things that are patently anti-competitive with their FRAND patents WRT Apple. The other part is that you have to assume that no lawyer could be so dumb as to green light doing something so clearly illegal. I tend to believe we're (the Apple fan public) are not being told the whole story by those experts we tend to quote often. If everything they were saying is really right, these lawsuits over the FRAND patents would be settled in Apple's favor every time before they even went to the jury. I don't get it.
Really! I pantent some thing. It then belongs to ME!! Why in the fuck should I share it with some one who is a cry baby because they cant be as creative as ME!! Really this is utterly stupid. Either lead follow or get out of the way. Or maybe get bought out. LOL.
Bottom line: I'd laugh uncontrollably at them and everyone of their attorneys, CEO, Chairman and anyone else I could get a hold of, while on the bench, and then fine them for their hubris to the tune of several billion dollars both for wasting the courts time and for this absurd attempt at abuse of power with FRAND patents.
This is what I'm talking about, in the above post. If they were really this ridiculous, they WOULD get laughed out of court and fined to boot. But that's not happening. So what are we missing?
This is what I'm talking about, in the above post. If they were really this ridiculous, they WOULD get laughed out of court and fined to boot. But that's not happening. So what are we missing?
Clearly what you're missing is an understanding of how court works.
Nothing gets literally laughed out of court. Both sides get an opportunity to present their side - no matter how weak the argument is. (There is an exception that one side can get summary judgment if there are absolutely no matters of fact to be decided, but that's nearly unheard of in an intellectual property case).
What I don't understand is the two mutually exclusive situations we have here.
For one, we're being told that motorola is doing all these things that are patently anti-competitive with their FRAND patents WRT Apple. The other part is that you have to assume that no lawyer could be so dumb as to green light doing something so clearly illegal. I tend to believe we're (the Apple fan public) are not being told the whole story by those experts we tend to quote often. If everything they were saying is really right, these lawsuits over the FRAND patents would be settled in Apple's favor every time before they even went to the jury. I don't get it.
Again, you don't get it because you don't know how the law works. Lawyers don't get to decide whether to file the case or not. They can advise their clients, but there are times when it makes sense to proceed down a certain path even if your chances of winning are very slight.
In this case, even if Apple eventually wins all of its claims, Motorola/Samsung/Google will still get their FRAND royalties, but they will also have a couple of years of being able to sell products that infringe on Apple's patents. At that point, they will be so entrenched that Apple could be forced to license technologies to them.
Intellectual property litigation is not as simple as you're trying to make it out to be.
Comments
Why does Moto needs Apple's entire patent portfolio?
Why? To insulate Google.
Bottom line: I'd laugh uncontrollably at them and everyone of their attorneys, CEO, Chairman and anyone else I could get a hold of, while on the bench, and then fine them for their hubris to the tune of several billion dollars both for wasting the courts time and for this absurd attempt at abuse of power with FRAND patents.
If that doesn't take the Non-Discriminatory out of FRAND, I don't know what does.
Likely the truth is the first casualty of this war.
I'm glad that you make sure you're understanding the situation properly before suggesting that Apple is lying.
Don't bother -- 'cos, he doesn't. He just wanders in, says something random and obfuscatory, roils the waters, and then wanders out.
His standard operating procedure.
pretty sure he was being facetious.
Pretty sure it was a lame attempt...
the question I should have asked is: How could they possibly think that is ever going to happen?
Taking their own press releases too seriously?
And Apple is supposed to be the company who's the master at distorting reality?!?
Why doesn't Apple just buy up some FRAND IP and do the same to Android phones? Hell? they could buy up Qualcomm itself which I am sure has some IP in there too.
Do what same, attempt to abuse the FRAND power? How does that make them better than everyone else? How does that make it right?
I'd much rather Apple just do everything legally. Let the abusers get caught and have their worlds come crashing down around them.
There are parallels to Microsoft's behaviour back in the early 2000s. IIRC they told Sony that they wanted access to all of Sony's IP in return for the Windows license. Sony said "you've got to be kidding", and the authorities climbed all over Microsoft's ass.
Here we have a standards essential patent, and Moto doing something very similar.
Hope Google have deep pockets cause the fines will be huge.
Hope Google have deep pockets cause the fines will be huge.
Well, they've already wasted 12.5 billion on Motorola, what's another couple billion?
Why does Moto needs Apple's entire patent portfolio?
Exactly. Doesn't Moto Mobile have its own documents related to its own Patents?
I read those statements differently. The entire patent portfolio statement is with regards to Motorola getting the licenses to use. The mutual carve-outs are with respect to which of Apple's patents also get licensed to all Android device makers. In other words, Motorola gets it all, and other vendors get only a subset.
Is that how others read it?
That's how I read it.
What I don't understand is the two mutually exclusive situations we have here.
For one, we're being told that motorola is doing all these things that are patently anti-competitive with their FRAND patents WRT Apple. The other part is that you have to assume that no lawyer could be so dumb as to green light doing something so clearly illegal. I tend to believe we're (the Apple fan public) are not being told the whole story by those experts we tend to quote often. If everything they were saying is really right, these lawsuits over the FRAND patents would be settled in Apple's favor every time before they even went to the jury. I don't get it.
Why? To insulate Google.
Bottom line: I'd laugh uncontrollably at them and everyone of their attorneys, CEO, Chairman and anyone else I could get a hold of, while on the bench, and then fine them for their hubris to the tune of several billion dollars both for wasting the courts time and for this absurd attempt at abuse of power with FRAND patents.
This is what I'm talking about, in the above post. If they were really this ridiculous, they WOULD get laughed out of court and fined to boot. But that's not happening. So what are we missing?
Pretty sure it was a lame attempt...
I think the rest of us all saw it pretty clearly
So they can copy Apple's products.
"But but but...INNOVATION!" - Android Fanboys
This is what I'm talking about, in the above post. If they were really this ridiculous, they WOULD get laughed out of court and fined to boot. But that's not happening. So what are we missing?
Clearly what you're missing is an understanding of how court works.
Nothing gets literally laughed out of court. Both sides get an opportunity to present their side - no matter how weak the argument is. (There is an exception that one side can get summary judgment if there are absolutely no matters of fact to be decided, but that's nearly unheard of in an intellectual property case).
That's how I read it.
What I don't understand is the two mutually exclusive situations we have here.
For one, we're being told that motorola is doing all these things that are patently anti-competitive with their FRAND patents WRT Apple. The other part is that you have to assume that no lawyer could be so dumb as to green light doing something so clearly illegal. I tend to believe we're (the Apple fan public) are not being told the whole story by those experts we tend to quote often. If everything they were saying is really right, these lawsuits over the FRAND patents would be settled in Apple's favor every time before they even went to the jury. I don't get it.
Again, you don't get it because you don't know how the law works. Lawyers don't get to decide whether to file the case or not. They can advise their clients, but there are times when it makes sense to proceed down a certain path even if your chances of winning are very slight.
In this case, even if Apple eventually wins all of its claims, Motorola/Samsung/Google will still get their FRAND royalties, but they will also have a couple of years of being able to sell products that infringe on Apple's patents. At that point, they will be so entrenched that Apple could be forced to license technologies to them.
Intellectual property litigation is not as simple as you're trying to make it out to be.