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Old 12-10-2011, 11:32 AM   #16
Salgueiros
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Quote:
Originally Posted by CyGuy View Post
http://gizmodo.com/5866646/motorola-...st-ios-devices

"Apple just found itself on the receiving-end of some legal hurt. Motorola has successfully sued Apple in Germany, paving the way for a Europe-wide sales ban on basically all iOS devices..."
YES!!!!

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Old 12-10-2011, 12:25 PM   #17
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Quote:
Originally Posted by elcreative View Post
The same as the source of all the other comments round here... THE INTERNET... how difficult is it to do a bit or searching on the web especially as I've repeatedly said (as one example) BBC TECHNOLOGY, it's not exactly difficult to find... why is everyone to damn lazy to do a SIMPLE Google if they doubt what someone says, why do they always expect someone else to do the damn work for them if they are the ones dissatisfied???
Certainly more effort was spent ranting and insulting in your post than would be required for posting a link. Way to go.



BBC link
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Old 12-10-2011, 12:26 PM   #18
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Wasn't easy to find BBC technology! But here's the gist of it; Apple is evil and fully deserving of this particular slap on the buttocks. And this fruitless legal maneouvring against all the non-Apple people is evidence of it operating under the dominating mad psyche of zombie Steve.

Edit: Ok, there's the link..
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Old 12-10-2011, 12:29 PM   #19
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Quote:
Originally Posted by afv011 View Post
Certainly more effort was spent ranting and insulting in your post than would be required for posting a link. Way to go.



BBC link
Not so much ranting as repeating my self because people don't read... I have mentioned the BBC Tech source three times in three separate posts... and I didn't have a link because I used the BBC App on my smartphone... so tell me again why I should look things up for you when you're probably capable of doing it for yourself... Likewise, way to go...

Edit for following post: Although I may overestimate your capabilities as you didn't find the right place according to Kartu (thanks Kartu)

Last edited by elcreative; 12-11-2011 at 02:18 PM.
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Old 12-11-2011, 01:59 PM   #20
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Quote:
Originally Posted by afv011 View Post
Certainly more effort was spent ranting and insulting in your post than would be required for posting a link. Way to go.



BBC link
That's a wrong link, I'm afraid. Maybe you've searched wrong internet?

Look what BBC says:

Quote:
Apple had offered to pay a Frand-set fee going forward and was willing to pay a similar rate for past infringements. But it lost the case because it tried to retain the right to contest the validity of the patent with a view to past damages.

It tried to do this because Motorola had defended its right to charge an above-Frand rate for Apple's use of its technology over the past four years. This could have been many times higher than the rate Apple was willing to pay and potentially very expensive.
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Old 12-11-2011, 02:26 PM   #21
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With regard to the above-FRAND issue, see this link:

ZDNet link

Quote:
Apple did already attempt to license the patent under FRAND (fair, reasonable and non-discriminatory) terms but Motorola's legal team convinced the court that if Apple is guilty of infringement, the total damages would exceed the value of the FRAND agreement.

"While competition law requires the patent holder to extend a license on FRAND terms going forward, past infringement is a different matter," Mueller explained. "If, in the alternative, damages for past infringement were limited to a FRAND royalty rate, Motorola and Judge Voß argue, an infringer might ultimately get to use the patent on more favourable terms than someone procuring a license at the outset."
So, the court sided with Motorola that because Apple had refused to pay reasonable terms over the last four years, an above-FRAND rate was applicable as recompense for damages.

Graham
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Old 12-11-2011, 03:39 PM   #22
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Originally Posted by Graham View Post
With regard to the above-FRAND issue, see this link:

ZDNet link



So, the court sided with Motorola that because Apple had refused to pay reasonable terms over the last four years, an above-FRAND rate was applicable as recompense for damages.

Graham
[Image too large - MODERATOR]

Its a fair cop.

Last edited by Dr. Drib; 12-11-2011 at 05:03 PM.
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Old 12-11-2011, 05:52 PM   #23
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Quote:
Originally Posted by elcreative View Post
Edit for following post: Although I may overestimate your capabilities as you didn't find the right place according to Kartu (thanks Kartu)
How's that a wrong link? It is from the BBC technology site and talks about Moto, Apple and their fight over FRAND licenses. If it is wrong, maybe you could get off your high horse and enlighten us.
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Old 12-11-2011, 06:18 PM   #24
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Originally Posted by afv011 View Post
How's that a wrong link? It is from the BBC technology site and talks about Moto, Apple and their fight over FRAND licenses. If it is wrong, maybe you could get off your high horse and enlighten us.
And maybe you could cool your heels a bit... I was just commenting, re Kartu's comment below mine, in a slightly humorous fashion so I do humbly, deeply and totally apologise for commenting about you with relation to another person's comment... and hope that you can find it in your heart to accept this sincerely felt apology as your link is exactly the one I referred to and Kartu's was a different one at Zdnet...
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Old 12-12-2011, 12:18 AM   #25
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Originally Posted by elcreative View Post
Of course, if you read the source material then you'll also find that the patent is on included in the FRAND arrangements that set payments at a fair and reasonable level which Motorola have done with existing licensees but in Apple's case wanted to charge them far higher than other licensees... guess what, Apple were not happy and have consistently tried to arrange fair licensing in line with the rates others are charged... and this is only the start of things being the outcome of one regional court in Germany (which, contrary to some views, isn't Europe just part of it) and has absolutely no legal effect in the rest of Europe, there are many more years of legal action and happy lawyers to come...
Um, no.

FRAND rates are, I believe, set with respect to using and paying for the rights going forward. But, like taxes, if you neglect to pay them when you are legally required to, the rates go up for retroactive payments. Penalties, punitive damages, whatever you call it, the basic principle is if you try to "shoplift" and you get caught, you can't always get out of it by paying the retail price, let alone demanding the VIP discount.

Apple's latest offer is to pay everything going forward, but only as long as the can continue to challenge the patent retroactivly. Which is like saying we accept the patent and reject it at the same time.
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Old 12-12-2011, 04:55 AM   #26
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German court issues injunction against Apple products

Apple did not reply to a request for comment about its intentions.
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Old 12-12-2011, 02:32 PM   #27
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Originally Posted by kartu View Post
German court issues injunction against Apple products

Apple did not reply to a request for comment about its intentions.
Assuming that Motorola posts the bond for it (with Apple appealing), how long would it last?
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Old 12-13-2011, 07:47 AM   #28
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Assuming that Motorola posts the bond for it (with Apple appealing), how long would it last?
To my understanding until the final judgement and if Motorola wins - forever.
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