Apple Overturns Motorola's German iPad and iPhone Sales Bans
SpuriousLogic sends this excerpt from a BBC article detailing the suspension of a sales ban on certain Apple products in Germany:
"Motorola Mobility had forced Apple to remove several iPad and iPhone models from its online store [yesterday] after enforcing a patent infringement court ruling delivered in December. An appeals court lifted the ban after Apple made a new license payment offer. However, Germany-based users may still face the loss of their push email iCloud service after a separate ruling. 'A suspension like this is available only against a bond, but Apple is almost drowning in cash and obviously won't have had a problem with obtaining and posting a bond.' ... A statement from Apple said: 'All iPad and iPhone models will be back on sale through Apple's online store in Germany shortly.'"
Reader DJRumpy points out that Motorola is seeking royalties of 2.25% for Apple's wireless devices in exchange for a license to use Motorola's patents.
You use something someone created, you pay them for it. Then why is it when the situation is reversed, Apple says: "F*ck you! I'm going to ban it.". Just makes them seem like hypocrites and frankly, douches.
Apple flings lawsuits like mad. Then it bites them in the butt. Can we all just agree that the patent system is idiotic and far too overbearing already?
Simple. If every one of the (estimated) eighteen companies that own essential GSM patents demanded a separate license at 2.2% instead of the few pennies per unit that they almost certainly charge to everyone else, it would add up to almost half the cost of the device.
Besides, there's debate over whether Apple's purchase of off-the-shelf GSM silicon (rather than designing it themselves) means that they already paid for the license, in which case Motorola is double dipping....
Except that with the other manufacturers, it probably has been a patent cross licensing, something that Apple has refused to do from the start.
Apple does cross license their FRAND patents which are included in the standards. They don't cross license their other patents such as UI and proprietary hardware. That's the whole point, Motorola seems to be trying to use their FRAND patents (which were included in standards only because of their promises) to leverage against Apple to get licensing to patents that aren't part of any standard. It is exactly why there are rules in the first place about how you can use patents once you agree they are to be used in a standard.
As mentioned above, the 'reasonable' part doesn't apply if you don't pay when you should.
Source for the second (and hopefully last) time :)
"It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien