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ITC issues US import ban on older iPhones and iPads for infringement of Samsung patents [u] - Page 5

post #161 of 166
Quote:
Originally Posted by JeffDM View Post

This is a special interest site. Anyone that thinks it's OK to go to that special interest site to tell them they're all idiots and the things they like are stupid are the trolls.

Yours is a nice idea, in theory, I'm pretty sure it would not work in reality. I think it was like that before iOS and we weren't constantly inundated by increasingly hostile Android fans. It's been increasingly difficult to give people the benefit of the doubt, and a few people without hostile intent do use the troll talking points without realizing it. We really can't give people free reign to interlopers who are here to cause trouble.

It would be sufficient to simply see Rule #1 applied less selectively.

 

Quote:
People that come to raise trouble deserve a little verbal abuse.

There ya' go. 

 

It's your forum, so if you feel it benefits your advertising revenue to encourage a lynch mob mentality, don't let fairness or civility stop you.  But if you want AI to be seen as anything more than the Bill O'Reilly of the Mac world, consider just applying the few rules you already have more evenly.

post #162 of 166
Quote:
Originally Posted by MacRulez View Post

It would be sufficient to simply see Rule #1 applied less selectively.

There ya' go. 

It's your forum, so if you feel it benefits your advertising revenue to encourage a lynch mob mentality, don't let fairness or civility stop you.  But if you want AI to be seen as anything more than the Bill O'Reilly of the Mac world, consider just applying the few rules you already have more evenly.


There's a point where people coming here with the intent of *not* being civil, getting in whatever jabs in that they can get away with, are basically asking for reciprocity.

I'm not going to be suckered into an argument that suggests the we disarm ourselves against trolls. That's what I see to be the logical conclusion of this kind of argument.

I'm OK with disagreement, but when people come in and say to the effect that Steve kicked their dog or something, then they're coming in for an argument.

And no, it's not my forum, but the few moderators are doing what we can against a barrage of trolls. I wish it were otherwise, but until the barrage lets up, I don't see our collective response changing.
Edited by JeffDM - 6/7/13 at 11:59am
post #163 of 166
Quote:
Originally Posted by JeffDM View Post

There's a point where people coming here with the intent of *not* being civil, getting in whatever jabs in that they can get away with, are basically asking for reciprocity.

I'm not going to be suckered into an argument that suggests the we disarm ourselves against trolls. That's what I see to be the logical conclusion of this kind of argument.

Not my intention to "sucker", just to have an open discussion about fairness.

 

The trick here is defining "intent".  I'm not suggesting that a formal definition can be arrived at, but I do see many people use presumptions of intent as an excuse to engage in very ugly behavior, unbecoming of a community that aspires to being taken seriously.

post #164 of 166
Quote:
Originally Posted by Tallest Skil View Post

As AI is a private forum… 

Well in that case it's naked time......
When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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When I looked up "Ninjas" in Thesaurus.com, it said "Ninja's can't be found" Well played Ninjas, well played.
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post #165 of 166
Interesting...

It's reported that Apple stated in an ITC filing that Samsung should not get any royalty whatsoever for it's FRAND-pledged patent that Apple is deemed to infringe.

"...in a recent brief to the Commission, Apple publicly declared that “Apple should not have to pay any royalty at all” for a license including the ’348 patent. Apple’s Submission in Response to the Commission’s Request for Additional Written Submissions on Remedy and the Public Interest at 49 (April 3, 2013). "

If that's accurate it's no wonder an injunction was ordered since it essentially makes Apple an unwilling licensee. I have no idea why Apple would take that position.
melior diabolus quem scies
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melior diabolus quem scies
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post #166 of 166
Quote:
Originally Posted by Gatorguy View Post

If that's accurate it's no wonder an injunction was ordered since it essentially makes Apple an unwilling licensee. I have no idea why Apple would take that position.

 

It was Apple's last sentence in this submission quoted below, where they claimed the patent was submitted as FRAND too late:

 

"Of course, for all the reasons found by the ALJ and discussed in Apple’s earlier briefing—e.g., the technical problems with Samsung’s allegations; [section blacked out ]; and the standards misconduct (both as to FRAND and untimely disclosure) that renders Samsung’s patents unenforceable —  Apple should not have to pay any royalty at all."
 
Which is an odd claim, since if it's not FRAND, Samsung could ask anything they wanted.  Anyway, Samsung seized upon it to demonstrate that Apple had no intention of negotiating.  However, the ITC didn't seem to decide based on that statement alone.
 
Reading the most recent appeals, apparently Samsung kept making lower license offers, whereas Apple gave one counteroffer and stopped, saying that's all they would pay.   That's what prompted the ITC to say that: 
 
1)  Apple had no right to make a unilateral decision of the worth of any FRAND patent, and
 
2)  Apple had clearly stopped trying to negotiate, without even trying to use ETSI arbitration.  In other words, Apple tried to use ETSI FRAND submission policy to claim they didn't have to pay Samsung, but Apple wasn't obeying ETSI policy themselves.
 
So I still say, forget the injunction, since that doesn't resolve anything.  Just force a deal between the two of them and be done.
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