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Apple Says Samsung 3G Patents Violate RAND Requirements
judgecorp writes "The patent dispute between Samsung and Apple has finally boiled down to clear understandable terms. Samsung says Apple has not been paying it royalties for use of patented 3G technology. Apple says Samsung smuggled that technology into the 3G standards, disclosing its IP demands later. The Dutch court will rule on 14 October."
The issue at hand now seems to be whether Apple already has a license to the patents under the 3G "Reasonable and Non-Discriminatory" requirements for patented technology used in the standard. If Samsung really believes Apple needs a separate license, when can we expect them to sue everyone else?
Here is a comment I already made on another web site about this issue:
There is something that many people seem to be missing about FRAND patents. While the terms of FRAND licensing agreements are rarely released, it is widely believed that companies that license their patents through FRAND usually require a cross-licensing agreement with the licensee. This makes sense: why should you be forced to allow other companies to license your hard-earned technologies for a relatively low price only to allow those companies to come back and sue the dick off of you? Requiring a cross-license agreement from all licensees sounds extremely Fair, Reasonable, and Non-Discriminatory to me.
However, it is also widely believed that Apple wants to license the FRAND patents WITHOUT allowing other companies to cross-license Apple's patents. This belief was bolstered by the fact that the only term of Apple's settlement agreement with Nokia over FRAND patents that was released to the public was the fact that Nokia relented and allowed Apple to license their FRAND patents without a cross-licensing agreement. This made sense in that particular case because most of Apple's patents in the mobile arena are software patents related to elements of iOS. Since Nokia is moving towards WP7 and Microsoft already has a cross-licensing agreement with Apple and indemnifies all hardware manufacturers of WP7, it didn't make sense for Nokia to continue an expensive protracted legal battle with Apple over something that was quickly becoming irrelevant. However, Samsung is in a completely different position from Nokia and they aren't going to give in nearly as easily. Game on!
Actually it is not equally absurd. By trying to say their technology in the 3G standard is not covered b the 3G license, they are not being absurd at all. They are being fraudulent.
My point is: Apple is a hypocrite.
Yes, I know there is no way around RAND patents and that there IS a way around rounded corners, but it's equally absurd.
This is a dirty war, there are no good guys. Want to end it ? Ban the munition (patents.)
If all else fails, immortality can always be assured by spectacular error.
...who wants to block sales of a device because it has rounded corners.
The tab ultimately got temporarily banned because of the gallery application: It is not allowed to display thumbnails, that when tapped are displayed fullscreen, where it is then possible to scroll horizontally to the next/previous.
My point is: Apple is a hypocrite.
Yes, I know there is no way around RAND patents and that there IS a way around rounded corners, but it's equally absurd.
As a consumer I expect competition to drive the best products in the market, not the courts. Kinda sick of Apple and their behaviour.
Same goes for all these other piddly IP suits which ultimately deprive the consumer.
A feeling of having made the same mistake before: Deja Foobar
No – that would be very discriminatory... RAND is specifically supposed to stop companies offering crappy terms to companies they don't like much (or are being sued by).
Is the fact apple lied to a German court and submitted doctored images to keep the galaxy S off store shelves. So now Samsung decided to play the court game to and Apple is now crying foul of the rules they used in the game.
Perhaps not. But do you honestly think it's Fair or Reasonable for Samsung to license the technologies that allow an iPhone to perform its basic functions for a relatively low price while Apple is able to block sales of Samsung's devices over the look of the plastic casing?
Apple is free to license their technologies however they please. If they choose not to require cross-license agreements, then that is their choice. And it is Samsung's choice on how they license their technologies. The question you should be asking is this: if other companies have agreed to cross-license their patents to Samsung then how would it be Fair if Apple didn't?
How do you Apple apologists argue with this and this?
It's The Golden Rule: "He who has the gold makes the rules."