Originally Posted by stelligent
Is FRAND truly a legal designation? It is recognized in the courts, but ... a legal designation? I am reasonably sure (say 90%) that it is not so. Interested in confirmation.
I don't think FRAND is a legal definition -- as opposed to a body of legal precedents.
As I understand it, a company spends resources ($ and time) developing a technology -- like 3G. Then, to:
1) recover the cost of their investment
2) maintain their competive lead in the technology in question
They offer the tech as a FRAND standard.
...they can't maximize the bucks -- but they can pay the freight and maintain a tech lead.
Apple offered Darwin and WebKit as free (FRAND-like) tech to further the use of the tech -- because it was to Apple's advantage to do so.
But Apple, and others, can also develop tech that they believe provides them a significant advantage by not
making it available to others... Their choice.
So, the mixture of FRAND and non-FRAND claims is like trying to play basketball with a lacrosse net and a catchers mitt.
You can't have it both ways!