Originally Posted by AbsoluteDesignz
show of hands...who read the letter?
So, is this everyone else's interpretation of the letter (by paragraph):
1) We are teh Google. All your Motorola IP are belong to us!
2) Anyone should be able to license our* IP if it's part of a standard, and just because we're buying Motorola, the obligation to pay the "RAND" license fee is still there. (* Oh, and by the way, when we say "our" IP, we only mean the Motorola IP that we're suing other companies over, not anything else Google has, that's off the table.)
3) We're buying Motorola, and yeah, you bet your sweet bippy we're going to charge you ... cough ... "up to" ... cough ... 2.25% of the finished "consumer" product. But, we're nice, we'll offset that 2.25% by the pittance of a royalty fee you're owed if you contribute to the patent pool too. This is SRS BSNS - this letter is irrevocable.
4) Yeah, what we just said. When we say "may charge up to" 2.25%, what we actually mean is "will charge" 2.25%. And we're perfectly happy to negotiate the rate "fairly", on a case-by-case basis, but only if you promise to never sue us, and have never sued us before, and we're not currently in court with you over anything.
5) Oh, and you can pay cash up front too with no royalty fee in place. No really, we won't try to revoke your license later for not paying the 2.25% royalty we've said we want here ... really. By the way, just because it's Moto IP and Google is buying Moto, doesn't mean Google IP will be up for fair licensing though.
6) We can sell the Moto IP any time we want, and you're still stuck with the terms of our highway robbery. Why no, we're not going to milk you then sell the IP to some bottom-feeding patent troll.
7) If you do want to negotiate a deal, that's fine - but then we're going try to suck you dry for using our IP before the agreement is solid (you know who you are), if you don't suck it up and bend over, we're going to sue (you have 30 days to consider it though, we're nice).
8) Really, if you bend over and take it, we won't sue you. And by the way, we're serious about that 2.25% thing. Also, we may hit you with a few other royalty fees if we decide to charge for any other IP we may have in the pool - but don't try to back out, or we'll definitely sue your ass.
9) If we license anything to you, then you'll have to agree not to sue us for abusing your IP.
10) Just recapping everything we've said in the last few paragraphs. And by the way, if we don't think we're getting the best deal (i.e. what most ... ahem ... "fair" to us, or we decide we can squeeze you for more) - we may sue you anyhow. As a matter of fact, all that stuff before only applies if we're not slugging it out in court with you right now - and if you never heard of the IP we're talking about before.
11) We are Google. Motorola is belong to us. Motorola will only do what we say (and by the way, all this stuff is what we say).
12) All this stuff aside, we soooo have our finger on the trigger to sue you. Trust us, we'll litigate you so hard your grandmother will feel it.
13) "Transparency and consistency in licensing" is important, but as per the earlier paragraphs, only if we're talking about Motorola IP that we can get you to pay us for, so we're we're being transparent and telling you that you're consistently going to pay us 2.25% across the board for Moto IP, or we'll spring the lawyers on you. Don't expect that to change, just because Google is buying Motorola. And P.S. "go ahead, publish this letter, we dare you to".