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Can I pick and choose which patents I want to violate? Or is this something only Microsoft gets to do?

BrianCroner, on 13 June 2012 - 04:45 AM, said:

That is a silly question that is not relevant at all to this situation. What is at the heart of this dispute is the following question...

Can Motorola/Google pick and choose to ignore the "non-discriminatory" in FRAND patents against a single entity when it wants special treatment in regards to non-FRAND patent? If the answer to that is YES that is allowable then Motorola will have essentially ended FRAND and the already horrible patent situation we have today gets magnitudes worse.

It's a shame "Don't Be Evil" Google is either unwilling or incapable or reeling in their out of control subsidiary.

This post has been edited by JohnGibson: 13 June 2012 - 05:54 AM

Just MSFT? Think again. And who is on the verge of owning Motorola Mobility? Remember Google? Ah, but yes, MSFT has been and always will be the EVIL. Not that Google, Yahoo, Apple, Oracle,HP,Dell,LG,HTC,Sony,Samsung and how many others are guilty. Fanboys you c rack me up (I am on a Mint machine)

BrianCroner, on 13 June 2012 - 04:45 AM, said:

Re-read the article and see where it is stated that neither APPLE nor MSFT have entered into agreements with Motorola. Probably a competition thing with exorbitant cost to Apple and MSFT

If they refuse to enforce FRAND patents nobody will ever license a FRAND patent again. You might as well not have them.

JohnGibson, on 13 June 2012 - 05:53 AM, said:

Just because they are FRAND doesn't meet MOTO has to take what ever the violator thinks those patents are worth. There has to be a due process of negotiation, which is what, it appears, MOTO has done. Telling congress, ITC and essentially every other regulatory authority in the world, before even entering negotiations is what makes MS passive-aggressive!
Also, it is not a single entity. They have gone after AAPL, if i'm not wrong. As with any litigation/licensing agreements, history says it initially starts with the big players!

crisna, on 13 June 2012 - 07:36 AM, said:

Fair Reasonable and Non Discriminatory...

Motorola is asking Microsoft for 2.2% of the retail price for 4 patents. Imagine if they are ultimately successful in this nonsense then what about the other thousand or so patents that are currently a few cents combined. If Motorola can get .5+% of revenues for each of their 4 patents the floodgates will open and everyone else who was fine with FRAND terms may decide that they want .5+% of any companies revenues that use their FRAND products. Eventually everything that uses H.264 would have raise in price significantly or maybe wouldn't be able to be offered at all if the number of companies demanding an obscene percentage of the retail price ends up creating a situation where the % of royalties rises to the point where it doesn't make sense to sell the product at all.