4 ms·

Whatever you may think of licensing software patents in general, I hope we can agree that promising to license a standards-essential patent on FRAND terms durin

Whatever you may think of licensing software patents in general, I hope we can agree that promising to license a standards-essential patent on FRAND terms during a standards process, and then reneging, is considerably worse. I work a lot with standards groups, and I don't think the process could work very well if just any company could add their patented IP to the standard and then sue competitors for injunctive relief based on it. That would be destroying one of the few safe spaces in the patent landscape.

chives 15y ago
I agree with you, but by the same token. MS has been a patent troll for years, the nortel patents is only the most recent case. Oh and look, Google took notice. The shoe is on the other foot and Google is using it as a bargaining chip. They are telling MS "leave android alone, or we make sure all of YOUR products take a hit. Worst case scenario, we create a massive shit storm, who do you think will lose more? Want to bet your company on patent trolling?" I am happy they are going after one of the biggest bullies on the playground.
- othermaciej 15y ago
  Microsoft promised not to abuse any standards-essential patents it acquired from Nortel, while Google refused to make a similar promise. The US Justice Department said: "During the course of the division’s investigation, several of the principal competitors, including Google, Apple and Microsoft, made commitments concerning their SEP licensing policies. The division’s concerns about the potential anticompetitive use of SEPs was lessened by the clear commitments by Apple and Microsoft to license SEPs on fair, reasonable and non-discriminatory terms, as well as their commitments not to seek injunctions in disputes involving SEPs. Google’s commitments were more ambiguous and do not provide the same direct confirmation of its SEP licensing policies." <http://www.justice.gov/opa/pr/2012/February/12-at-210.html> http://www.justice.gov/opa/pr/2012/February/12-at-210.html&#.... What has Microsoft done with Nortel's patents that you would count as "patent trolling"? I am not aware of anything they have done that would meet any of the definitions here <http://en.wikipedia.org/wiki/Patent_troll> http://en.wikipedia.org/wiki/Patent_troll>.
  - fpgeek 15y ago
    Microsoft did make a promise, but they're also trying to have it both ways. They made a promise about patents that they have made commitments to standards organizations about. The conveniently fail to say anything about de facto standards that were created by their monopoly power (like FAT and VFAT). Personally, I think those patents on an ill-gotten standard are probably the most powerful in their arsenal with respect to Android.
magicalist 15y ago
Part of the problem with FRAND is that it's poorly defined in the US. Standards bodies need a crystal clear patent disclosure and licensing agreement (or go royalty free like the W3C). There will have to be some flexibility, but people can't have both a nebulous definition of FRAND licensing and be outraged when someone interprets it (or tries to enforce it) differently.

chives 15y ago

I agree with you, but by the same token. MS has been a patent troll for years, the nortel patents is only the most recent case. Oh and look, Google took notice. The shoe is on the other foot and Google is using it as a bargaining chip. They are telling MS "leave android alone, or we make sure all of YOUR products take a hit. Worst case scenario, we create a massive shit storm, who do you think will lose more? Want to bet your company on patent trolling?" I am happy they are going after one of the biggest bullies on the playground.

othermaciej 15y ago
Microsoft promised not to abuse any standards-essential patents it acquired from Nortel, while Google refused to make a similar promise. The US Justice Department said: "During the course of the division’s investigation, several of the principal competitors, including Google, Apple and Microsoft, made commitments concerning their SEP licensing policies. The division’s concerns about the potential anticompetitive use of SEPs was lessened by the clear commitments by Apple and Microsoft to license SEPs on fair, reasonable and non-discriminatory terms, as well as their commitments not to seek injunctions in disputes involving SEPs. Google’s commitments were more ambiguous and do not provide the same direct confirmation of its SEP licensing policies." <http://www.justice.gov/opa/pr/2012/February/12-at-210.html> http://www.justice.gov/opa/pr/2012/February/12-at-210.html&#.... What has Microsoft done with Nortel's patents that you would count as "patent trolling"? I am not aware of anything they have done that would meet any of the definitions here <http://en.wikipedia.org/wiki/Patent_troll> http://en.wikipedia.org/wiki/Patent_troll>.
- fpgeek 15y ago
  Microsoft did make a promise, but they're also trying to have it both ways. They made a promise about patents that they have made commitments to standards organizations about. The conveniently fail to say anything about de facto standards that were created by their monopoly power (like FAT and VFAT). Personally, I think those patents on an ill-gotten standard are probably the most powerful in their arsenal with respect to Android.

magicalist 15y ago

Part of the problem with FRAND is that it's poorly defined in the US. Standards bodies need a crystal clear patent disclosure and licensing agreement (or go royalty free like the W3C). There will have to be some flexibility, but people can't have both a nebulous definition of FRAND licensing and be outraged when someone interprets it (or tries to enforce it) differently.