ZAZ: starsriftSuppose there are 200 essential patents covering a $200 phone. The patents can't be worth more than $1 each on average, even though each is essential to the product.
Apple and Microsoft raised the breach-of-contract claims based on demands for royalties of 2.25 percent on the retail price of each product, which Motorola Mobility has said was its standard opening offer. The company has said neither Microsoft nor Apple would negotiate.
joeshill: Mac OS X - not to be confused with NEXT
rpm: joeshill:Mac OS X - not to be confused with NEXTYeah, I bet the founder of NeXT is really pissed at Apple. His name is on the tip of my tongue, damn it.Oh yeah, Steve Jobs. Bet he can't stand Apple.
ZAZ: SmackledorferBut each of my 200 hypothetical patents is worth as much as the entire phone, no matter where the price ends up, because you can't make a phone without a big pile of patents. So this is effectively a monopoly type situation. The disagreement up at top of thread was over whether we (a) break the monopoly on public goods by eliminating the legal barrier to entry (my view), or (b) let the industry get protectionist against round-cornered intruders without necessarily allowing "unfair" behavior (zedster's view).(Unfair in quotes because it has a meaning in this context beyond the common one.)
ZAZ: My other problem with the industry practice is the "fair, reasonable, and non-discriminatory" terms are not. If there is an "opening offer," as opposed to a fixed price, then the terms are discriminatory.
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