if Motorola had managed to successfully sue them using a FRAND patent that they had already paid for as part of a deal
Do you have any proof that Apple has already paid for any license for Motorola's FRAND patents? I was under the impression that Apple has not licensed any of Moto's FRAND patents.
Do you have any proof that Motorola was asking for "considerably more than anyone else"? I believe I've seen a figure somewhere that said Apple pays Nokia a royalty of 1.5%, which is actually less than the 1.125% "upper bound" that Moto was asking for.
Apple was NOT the first company to make an MP3 player. Apple was NOT the first company to make portable video players, either. They were behind the curve by one and three years, respectively, against just one company. If you want to get picky, the first flash MP3 players were released circa 1998, so Apple was still three years behind the curve there, too.
For one thing, I didn't say Jerusalem was THE holy land for Muslims. Just that it is holy land to them. Perhaps you're the one who needs to learn some history?
Allow me to rephrase, then. Instead of the GOP bombing the White House because Obama won, imagine the GOP bombs Mount Washington instead.
As far as an apologist for hatred, that's not me at all. I don't like Iran any more than you do. I'm just trying to point out how completely and totally fucking irrationally stupid it would be for Iran to nuke ANYTHING, which nobody seems to consider whenever they rattle the saber at Iran. If you're going to hate an entire nation, the least you could do is not make shit up and pretend that their leaders said things they didn't say, or will do things that are tantamount to national suicide.
I notice you focus only on the holy land aspect of my comment, and not on anything else in my post. If you reply to this, I really want you to answer the following question as part of your reply.
If Iran launched a nuclear attack on any country, how many days (nay, hours) do you think it would be before Tehran was a hole in the ground?
Everyone knows this would happen. Iran stands no chance against America and Israel. Me, I would give it maybe six hours before there was no Tehran anymore. Iran is SURROUNDED by US military bases, on practically every side of their country! Launching a nuclear attack would be suicide, you know it, I know it, Ahmadinejad knows it, and Khomeini knows it.
You don't need to stop hating Iran. Just make sure you hate them for logical reasons that have sufficient supporting evidence, and not blatant propaganda that requires an entire nation's leadership to be committed to suicide.
If you wanted to stop nuclear proliferation in the Middle East, you should start with Israel. Subject them to IAEA investigations just like we demand of every other country that wants to have nuclear technology, instead of using our vote on the Security Council to shield them from such investigations. Make them sign the NPT.
Once one country in the M.E. has nukes, the others are now on a race to get them in order to ensure M.A.D. Israel can get away with nuking Iran right now (you can bet your ass that the US would protect them from sanctions at the UN no matter the international outrage). Do you think Israel would nuke Iran if they knew Iran had the bomb, too?
As far as "benign", I never said Iran was benign. But that's a good question. How many nations has Iran invaded in the past century? How many nations has Iran bombed in the past century? How many other nations does Iran have military bases in today? Compare those numbers to the equivalent US numbers and I start to wonder who really is benign here...
This seems to be my reading of the ruling, as well. Motorola was unable to show the Judge why *any* rate was reasonable. So now the Judge has gone and said that Motorola is not entitled to any rate at all.
In a way this is actually quite troublesome. Motorola is entitled to SOMETHING for the R&D and time and effort that went into developing those patents. That's part of what FRAND means - "free" is not "fair". Now that the case has been dismissed with prejudice, it appears that Apple will have free reign to implement the '898 patent without paying Motorola anything, ever.
Now anyone can basically steal FRAND-patented technology, and as long as you don't infringe on the entire portfolio you can basically get away with it scot-free. I would expect that companies will now be less willing to let their patents become part of a standard because it essentially makes them worthless, and I'm afraid this will hinder innovation by making it more difficult for standards to emerge.
Motorola wasn't entirely clear about the rate they were requesting though the number 2.25% was thrown about.
From the Judge's opinion, page 17.
Though it’s the only patent in the portfolio that remains in this suit, Motorola claims to be entitled to damages equal to (or “up to,” or “at least”—it seems not to have made up its mind) 40 to 50 percent of 2.25 percent, which would be 0.9 to 1.125 percent of sales of Apple devices that infringe the ‘898.
Yeah, and if I were to buy Half-Life 2, Half-Life 2: Episode One, Portal, Half-Life 2: Episode Two, and Team Fortress 2 on Steam, it would also be more expensive than buying the Orange Box.
Price of Individual Games: $35.96 Price of Bundle: $19.99
Imagine that. The sum cost of the games exceeds the cost of the bundle. It's almost as if there's a discount on buying the whole package, and buying just an individual game would therefore be more expensive.
In fact, JUST HL2 is $9.99. This one game represents about 50% of the cost of the bundle of 5 games, which "exceeds the product of the percentage of the" bundle "and the value of the entire" bundle.
Hmmm....what did I just find in the Judge's ruling? From page 16 of the ruling...
But according to Donohoe’s declaration, the license fee for that single patent, if licensed on its own rather than as part of a package deal that comprised the entire portfolio, would be “up to” 40 to 50 percent of the royalty for the entire portfolio—that is, up to $350 million.
Can you point me to the page number in the written opinion where the Judge says that Motorola's requested licensing rate was excessive?
For that matter, what licensing rate was Motorola asking for?
What's the min, max, mean, median, and standard deviation of licensing rates for a FRAND patent to a company which is not cross-licensing any of its own patents?
It couldn't possibly be to prevent Iran from detonating the first working nuke they can patch together in Jerusalem
I laugh every single time I hear this line of reasoning.
Iran is run by religious nutjobs. I agree with that.
One thing you seem to forget, though...Jerusalem is their holy land too. While they may be nutjobs, they're still religious nutjobs, and blowing up their own holy land is a great way to piss off every member of the three major religions worldwide. Iran would be crushed in the blink of an eye if they actually launched a nuclear attack. They are simply not that stupid and irrational. It would be like Republicans bombing the White House because Obama won the election.
It couldn't possibly be that Iran would want a nuclear weapon so that they can participate in the joy of Mutually Assured Destruction. It couldn't possibly be that multiple world superpowers who have nuclear weapons rattle the saber at them on a monthly basis and that having a nuke of their own might give them some leverage. (or even giving off the appearance of trying to acquire a nuke - that's why Saddam never debunked rumors that he had WMD, because having your enemies think you have WMD generally makes them less likely to attack you)
It couldn't possibly be that the "wipe off the map" comment (which I assume is what you're alluding to) was a mistranslation, considering that idiom doesn't even exist in the Persian language...it couldn't possibly be that the true meaning was "the Israeli regime will be removed from the pages of history", kinda like how the USSR collapsed after the cold war...
stone2020 wasn't making excuses for AMD. Quite the contrary, he was saying that you're biased if you nail AMD to the cross for this, and give NVIDIA a pass on the things that they mess up. "I hope you complained..."
Don't just hold one company's feet to the fire. Hold the whole industry's feet to the fire. Fail to do this and you're just a fanboi.
Nah, searching Google/Bing will land you in tons of malware. youporn and redtube are much better in that regard. Like with real-life sex, you're much less likely to get a virus if you only have a few sex partners.
Personally I *hate* white noise generators. We had one installed in our office and now I constantly think there's a fan running, like I left the oscilloscope on or something. But I think I'm just strange, because I have some ability to tune out conversations and other non-stationary noise much more easily than a steady, constant noise.
I know I'm the odd one out and it seems like most other people in the office quite like the white noise generator, but it really does bother me pretty much every day.
This is just amazing to me. They are literally saying that educating people about global warming will increase their skepticism, and therefore actually transmitting sound scientific information would be bad.
That's not how I read what they're saying. They aren't saying "bad". They're saying "if you give them ONLY the facts, it won't help." You then strawman that into "they want to stop giving us the facts and just give us propaganda".
Persuasive writing is all about knowing your audience. If throwing pure facts at your audience bores them, you need more than just facts. This means "in addition to facts", not "in replace of facts".
If you think NPR is lying, then you should perhaps investigate it. You could make quite a name for yourself in doing so; NPR is a reputable news organization.
For another great example, go talk to the Afghans who had bombs dropped on their weddings. Just google "us bomb afghanistan wedding". Take your pick of major news outlets, if you don't trust NPR then maybe you trust CNN? Or NYT? BBC? Guardian? Fox news? CBS? Financial Times? MSNBC? LA Times? I mean, sure, they're all on the Internet, but pretty much every single news organization on earth has covered this at one point in time or another.
By the way, don't get confused by all the various dates; there have been multiple instances of the US bombing weddings in Afghanistan. I lost track, I think it happened six different times....Oh, wait, I get it...in your eyes, there is no such thing as an innocent Muslim, huh?
Yeah, naturally I checked there, but the article still doesn't quite help me grok what fnord means. It feels kinda like a fancy way to say "FUD" (Fear Uncertainty Doubt/Despair), but I was hoping for a more natural explanation.
The other AC, with the huge post, is a good example...but the meaning of the term is still somewhat elusive.
Consider the game Left 4 Dead 2 (not "current", but it is a AAA title).
There have been two DLCs released so far, they're working on their third one. All PC users got all DLC for free. All XBox users had to pay for the DLC.
PC players have had access to the third DLC's maps for almost a year now. XBox requires a certification process, though, so XBox doesn't have it yet.
PC players get regular updates which (sometimes) include bug fixes and stuff. XBox players must wait until a DLC to get bug fixes.
PC players can set up their own dedicated server and mod it. XBox players rely on Valve's servers.
PC players can download custom maps, custom skins, and custom sounds. XBox players can't change anything.
PC players can access the console to send different commands, they can change their binds, they can use scripts. XBox can't do any of that.
Borderlands is another title with pretty much the same dynamic, except PC players had to buy their Borderlands DLC. Everything else applies though; custom maps, custom content, etc. are only available for PC.
Microsoft's point is also perfectly good. Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3. There is Wii, but it doesn't have the games.
I play current AAA titles on my PC just fine, thank you very much. In fact they even look better than the 360's version.
And on the PC, I can download custom maps for my games. I can download custom skins and custom sounds for my games. And I can use a keyboard and mouse for FPS, instead of the absolutely retarded dual-analog sticks (seriously, how can you play when your aiming is as smooth as a robot walking on ice?)
Seriously, why would anyone play games on a console anymore? You can do so much more to your games on the PC.
Most places have an FM broadcast that is synchronized to an atomic clock. Ever seen one of those "radio clocks" that never needs the time set? It's using FM to know what time it is.
Put an FM antenna on the roof, hook it up to an NTP server, problem solved.
Boy, you really have a hard-on for this case, don't you?
First, if a black person kills other black people in order to intimidate the black community, it is bias intimidation (aka "hate crime"). Bias intimidation isn't a crime against the individual. Rather, bias intimidation is a crime uses the individual as a tool to commit a crime against a community. It's "sending a message".
I see you're all bent out of shape about the 'extra protection' that certain minorities receive. That is a common quandary in free societies. How do you protect the minority from the tyranny of the majority? Clearly, large portions of society are hellbent on ruining the lives of LGBT Americans. Exhibit A: laws against gay marriage.
Notice how far you had to go to create a situation which you could call "heterophobic". Of course, straight people are not the minority, and therefore cannot be tyrannized by the majority. However, the way the law is written, if a gay criminal was targeting straight people because they were straight with the intention of terrorizing the straight community, that would be bias intimidation. The only reason this is "unfair" to you is precisely because it's impossible to humiliate the straight community this way because they are already the majority.
So what you have are two choices. Either you give a minority class unfair protection as compared to a majority class, or you allow a majority class to unfairly persecute the minority class. Two evils: pick one to live with.
I also notice that you go out of your way to avoid the destruction of evidence and witness tampering. I guess those aren't crimes to you?
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if Motorola had managed to successfully sue them using a FRAND patent that they had already paid for as part of a deal
Do you have any proof that Apple has already paid for any license for Motorola's FRAND patents? I was under the impression that Apple has not licensed any of Moto's FRAND patents.
Do you have any proof that Motorola was asking for "considerably more than anyone else"? I believe I've seen a figure somewhere that said Apple pays Nokia a royalty of 1.5%, which is actually less than the 1.125% "upper bound" that Moto was asking for.
Back in 2002, I had an Archos Multimedia Jukebox. It could play MP3s as well as video. Their MP3 only version was circa 2000.
The first generation iPod was released in 2001. The iPod Video was released in 2005.
Apple was NOT the first company to make an MP3 player. Apple was NOT the first company to make portable video players, either. They were behind the curve by one and three years, respectively, against just one company. If you want to get picky, the first flash MP3 players were released circa 1998, so Apple was still three years behind the curve there, too.
For one thing, I didn't say Jerusalem was THE holy land for Muslims. Just that it is holy land to them. Perhaps you're the one who needs to learn some history?
Allow me to rephrase, then. Instead of the GOP bombing the White House because Obama won, imagine the GOP bombs Mount Washington instead.
As far as an apologist for hatred, that's not me at all. I don't like Iran any more than you do. I'm just trying to point out how completely and totally fucking irrationally stupid it would be for Iran to nuke ANYTHING, which nobody seems to consider whenever they rattle the saber at Iran. If you're going to hate an entire nation, the least you could do is not make shit up and pretend that their leaders said things they didn't say, or will do things that are tantamount to national suicide.
I notice you focus only on the holy land aspect of my comment, and not on anything else in my post. If you reply to this, I really want you to answer the following question as part of your reply.
If Iran launched a nuclear attack on any country, how many days (nay, hours) do you think it would be before Tehran was a hole in the ground?
Everyone knows this would happen. Iran stands no chance against America and Israel. Me, I would give it maybe six hours before there was no Tehran anymore. Iran is SURROUNDED by US military bases, on practically every side of their country! Launching a nuclear attack would be suicide, you know it, I know it, Ahmadinejad knows it, and Khomeini knows it.
You don't need to stop hating Iran. Just make sure you hate them for logical reasons that have sufficient supporting evidence, and not blatant propaganda that requires an entire nation's leadership to be committed to suicide.
If you wanted to stop nuclear proliferation in the Middle East, you should start with Israel. Subject them to IAEA investigations just like we demand of every other country that wants to have nuclear technology, instead of using our vote on the Security Council to shield them from such investigations. Make them sign the NPT.
Once one country in the M.E. has nukes, the others are now on a race to get them in order to ensure M.A.D. Israel can get away with nuking Iran right now (you can bet your ass that the US would protect them from sanctions at the UN no matter the international outrage). Do you think Israel would nuke Iran if they knew Iran had the bomb, too?
As far as "benign", I never said Iran was benign. But that's a good question. How many nations has Iran invaded in the past century? How many nations has Iran bombed in the past century? How many other nations does Iran have military bases in today? Compare those numbers to the equivalent US numbers and I start to wonder who really is benign here...
Since when is nuclear fallout "irrelevant"?
This seems to be my reading of the ruling, as well. Motorola was unable to show the Judge why *any* rate was reasonable. So now the Judge has gone and said that Motorola is not entitled to any rate at all.
In a way this is actually quite troublesome. Motorola is entitled to SOMETHING for the R&D and time and effort that went into developing those patents. That's part of what FRAND means - "free" is not "fair". Now that the case has been dismissed with prejudice, it appears that Apple will have free reign to implement the '898 patent without paying Motorola anything, ever.
Now anyone can basically steal FRAND-patented technology, and as long as you don't infringe on the entire portfolio you can basically get away with it scot-free. I would expect that companies will now be less willing to let their patents become part of a standard because it essentially makes them worthless, and I'm afraid this will hinder innovation by making it more difficult for standards to emerge.
Motorola wasn't entirely clear about the rate they were requesting though the number 2.25% was thrown about.
From the Judge's opinion, page 17.
Though it’s the only patent in the portfolio that remains in this suit, Motorola claims to be entitled to damages equal to (or “up to,” or “at least”—it seems not to have made up its mind) 40 to 50 percent of 2.25 percent, which would be 0.9 to 1.125 percent of sales of Apple devices that infringe the ‘898.
Yeah, and if I were to buy Half-Life 2, Half-Life 2: Episode One, Portal, Half-Life 2: Episode Two, and Team Fortress 2 on Steam, it would also be more expensive than buying the Orange Box.
Price of Individual Games: $35.96
Price of Bundle: $19.99
Imagine that. The sum cost of the games exceeds the cost of the bundle. It's almost as if there's a discount on buying the whole package, and buying just an individual game would therefore be more expensive.
In fact, JUST HL2 is $9.99. This one game represents about 50% of the cost of the bundle of 5 games, which "exceeds the product of the percentage of the" bundle "and the value of the entire" bundle.
Hmmm....what did I just find in the Judge's ruling? From page 16 of the ruling...
But according to Donohoe’s declaration, the license fee for that single patent, if licensed on its own rather than as part of a package deal that comprised the entire portfolio, would be “up to” 40 to 50 percent of the royalty for the entire portfolio—that is, up to $350 million.
Can you point me to the page number in the written opinion where the Judge says that Motorola's requested licensing rate was excessive?
For that matter, what licensing rate was Motorola asking for?
What's the min, max, mean, median, and standard deviation of licensing rates for a FRAND patent to a company which is not cross-licensing any of its own patents?
It couldn't possibly be to prevent Iran from detonating the first working nuke they can patch together in Jerusalem
I laugh every single time I hear this line of reasoning.
Iran is run by religious nutjobs. I agree with that.
One thing you seem to forget, though...Jerusalem is their holy land too. While they may be nutjobs, they're still religious nutjobs, and blowing up their own holy land is a great way to piss off every member of the three major religions worldwide. Iran would be crushed in the blink of an eye if they actually launched a nuclear attack. They are simply not that stupid and irrational. It would be like Republicans bombing the White House because Obama won the election.
It couldn't possibly be that Iran would want a nuclear weapon so that they can participate in the joy of Mutually Assured Destruction. It couldn't possibly be that multiple world superpowers who have nuclear weapons rattle the saber at them on a monthly basis and that having a nuke of their own might give them some leverage. (or even giving off the appearance of trying to acquire a nuke - that's why Saddam never debunked rumors that he had WMD, because having your enemies think you have WMD generally makes them less likely to attack you)
It couldn't possibly be that the "wipe off the map" comment (which I assume is what you're alluding to) was a mistranslation, considering that idiom doesn't even exist in the Persian language...it couldn't possibly be that the true meaning was "the Israeli regime will be removed from the pages of history", kinda like how the USSR collapsed after the cold war...
Nah. Couldn't possibly be that...
stone2020 wasn't making excuses for AMD. Quite the contrary, he was saying that you're biased if you nail AMD to the cross for this, and give NVIDIA a pass on the things that they mess up. "I hope you complained..."
Don't just hold one company's feet to the fire. Hold the whole industry's feet to the fire. Fail to do this and you're just a fanboi.
Nah, searching Google/Bing will land you in tons of malware. youporn and redtube are much better in that regard. Like with real-life sex, you're much less likely to get a virus if you only have a few sex partners.
Yeah, but my algorithm *works*. So I'll be the one to succeed, and then you'll sue me once I'm successful.
int max(int a, int b) {
(a > b) ? return a : return b;
}
int min(int a, int b) {
(a < b) ? return a : return b;
}
Personally I *hate* white noise generators. We had one installed in our office and now I constantly think there's a fan running, like I left the oscilloscope on or something. But I think I'm just strange, because I have some ability to tune out conversations and other non-stationary noise much more easily than a steady, constant noise.
I know I'm the odd one out and it seems like most other people in the office quite like the white noise generator, but it really does bother me pretty much every day.
This is just amazing to me. They are literally saying that educating people about global warming will increase their skepticism, and therefore actually transmitting sound scientific information would be bad.
That's not how I read what they're saying. They aren't saying "bad". They're saying "if you give them ONLY the facts, it won't help." You then strawman that into "they want to stop giving us the facts and just give us propaganda".
Persuasive writing is all about knowing your audience. If throwing pure facts at your audience bores them, you need more than just facts. This means "in addition to facts", not "in replace of facts".
It's a biological axiom that sex cells
It's also a marketing axiom too. *rimshot*
If you think NPR is lying, then you should perhaps investigate it. You could make quite a name for yourself in doing so; NPR is a reputable news organization.
For another great example, go talk to the Afghans who had bombs dropped on their weddings. Just google "us bomb afghanistan wedding". Take your pick of major news outlets, if you don't trust NPR then maybe you trust CNN? Or NYT? BBC? Guardian? Fox news? CBS? Financial Times? MSNBC? LA Times? I mean, sure, they're all on the Internet, but pretty much every single news organization on earth has covered this at one point in time or another.
By the way, don't get confused by all the various dates; there have been multiple instances of the US bombing weddings in Afghanistan. I lost track, I think it happened six different times. ...Oh, wait, I get it...in your eyes, there is no such thing as an innocent Muslim, huh?
Yeah, naturally I checked there, but the article still doesn't quite help me grok what fnord means. It feels kinda like a fancy way to say "FUD" (Fear Uncertainty Doubt/Despair), but I was hoping for a more natural explanation.
The other AC, with the huge post, is a good example...but the meaning of the term is still somewhat elusive.
Well, there is the Radio Data Service that can synchronize time using actual FM broadcasts, but I guess I should have been more explicit.
What you're talking about is using a WWVB receiver. Also a good idea, especially since it comes directly from NIST at Boulder, Colorado.
Point remains, you don't need GPS, and you don't need Internet.
Yeah, it gets even better.
Consider the game Left 4 Dead 2 (not "current", but it is a AAA title).
There have been two DLCs released so far, they're working on their third one. All PC users got all DLC for free. All XBox users had to pay for the DLC.
PC players have had access to the third DLC's maps for almost a year now. XBox requires a certification process, though, so XBox doesn't have it yet.
PC players get regular updates which (sometimes) include bug fixes and stuff. XBox players must wait until a DLC to get bug fixes.
PC players can set up their own dedicated server and mod it. XBox players rely on Valve's servers.
PC players can download custom maps, custom skins, and custom sounds. XBox players can't change anything.
PC players can access the console to send different commands, they can change their binds, they can use scripts. XBox can't do any of that.
Borderlands is another title with pretty much the same dynamic, except PC players had to buy their Borderlands DLC. Everything else applies though; custom maps, custom content, etc. are only available for PC.
Portal 2 has the Steam Workshop. So does Skyrim.
It looks like a typo, but I don't think it is. What, exactly, is "fnord"?
Microsoft's point is also perfectly good. Banning Xbox360 will do serious damage. If you want to play any current generation AAA games, then your choice is Sony's PS3. There is Wii, but it doesn't have the games.
I play current AAA titles on my PC just fine, thank you very much. In fact they even look better than the 360's version.
And on the PC, I can download custom maps for my games. I can download custom skins and custom sounds for my games. And I can use a keyboard and mouse for FPS, instead of the absolutely retarded dual-analog sticks (seriously, how can you play when your aiming is as smooth as a robot walking on ice?)
Seriously, why would anyone play games on a console anymore? You can do so much more to your games on the PC.
Most places have an FM broadcast that is synchronized to an atomic clock. Ever seen one of those "radio clocks" that never needs the time set? It's using FM to know what time it is.
Put an FM antenna on the roof, hook it up to an NTP server, problem solved.
Kleptos steal for the act of stealing, they don't care about the monetary value of what they're stealing.
Boy, you really have a hard-on for this case, don't you?
First, if a black person kills other black people in order to intimidate the black community, it is bias intimidation (aka "hate crime"). Bias intimidation isn't a crime against the individual. Rather, bias intimidation is a crime uses the individual as a tool to commit a crime against a community. It's "sending a message".
I see you're all bent out of shape about the 'extra protection' that certain minorities receive. That is a common quandary in free societies. How do you protect the minority from the tyranny of the majority? Clearly, large portions of society are hellbent on ruining the lives of LGBT Americans. Exhibit A: laws against gay marriage.
Notice how far you had to go to create a situation which you could call "heterophobic". Of course, straight people are not the minority, and therefore cannot be tyrannized by the majority. However, the way the law is written, if a gay criminal was targeting straight people because they were straight with the intention of terrorizing the straight community, that would be bias intimidation. The only reason this is "unfair" to you is precisely because it's impossible to humiliate the straight community this way because they are already the majority.
So what you have are two choices. Either you give a minority class unfair protection as compared to a majority class, or you allow a majority class to unfairly persecute the minority class. Two evils: pick one to live with.
I also notice that you go out of your way to avoid the destruction of evidence and witness tampering. I guess those aren't crimes to you?