
A new
report says that Apple has asked the European Telecommunications Standards Institute to intervene and set new rules to help govern how companies license their patents. The idea is to bring some form of sanity to the table, a table that is becoming more confusing by the day.
It is hoped that new governing rules will help prevent companies, such as Motorola and Google, from using FRAND patents as a strategic weapon, or let's say like a 'bullet', to help kill off their competition!
So much about Google complaining about how others were using 'bogus' patents unfairly, instead of using innovation, in order to try and harm Android by making it more expensive to buy!
Google is now apparently, and very hypocritically, planning to use its Motorola FRAND patents much like that of a bullet, as in a bank robbery, to 'kill off' other companies, according to the great German patent expert Florian Mueller, which he states is something that he finds to be almost "beyond belief".
Motorola is demanding, for some strange reason no less than 2.25% royalties for use of its FRAND patents, which is a figure that goes way beyond what is perceived as being fair, reasonable, or non discriminatory, or as Herr Mueller so aptly put it:
"War analogies aren't unheard of in connection with patent litigation. I, too, have used such analogies as "mutually assured destruction" many times before. The willingness "to go thermonuclear war" on Android is perhaps the most-quoted statement from the official Steve Jobs biography. This is the first time that a company asserting patents in a lawsuit makes some kind of connection with a bank robbery, but it's debatable whether that's worse than those war analogies. But what is clearly outrageous here is that a holder of standard-essential patents presents an argument according to which the value of a FRAND-pledged patent is mostly based on one's ability to "kill" others with it.
That is the very opposite of what FRAND-pledged standards-essential patents should be used for."
I don't know about you, but if it's true that Motorola and Google indeed view their FRAND patents much like that of 'a bullet in which to kill' off its competition, than Google's often quoted mantra of 'Don't be Evil" is, as Jobs stated is: "A bunch of bull... !"
When it comes to Google and Motorola's using its FRAND patents against Microsoft for example, Herr Mueller, in another post, noted that if they get their way then Microsoft could end up paying as much as a whopping - and get this - a whopping 7,300 to 14,000 % more per unit than they would have otherwise, or as he stated:
"Motorola however, wants 2.25% of the price of such Microsoft products as Windows 7 -- not just the software but entire devices running such software. At the trial, Motorola's counsel came from the assumption of an average per-unit price of 250 euros. Let's use that figure for the sake of the argument. This means Motorola demands 5.63 euros, or based on today's exchange rate, $7.38 per unit: that's between 73 times (7,300%) and 146 times (14,600%) the per-unit MPEG LA rate. Is that discrepancy, which is even wider if one factors in the size of those pools relative to Motorola's portfolios, in line with Google's vision for FRAND licensing?"
Well, excuse me, I may not be a patent expert or anything, but I would definitely say the above was anything but fair, reasonable, accessible or non-discriminatory, wouldn't you? I would say, however, that it seems to be more a case of being down-right EVIL!
After reading the above, at least I'm now happy to see that Oracle will be able to use the Linholm email in its upcoming case against Google and its Android platform, because as Herr Mueller noted:
"If Oracle manages to inject the Lindholm email into the early stage of the trial, the jury will basically know that Google itself knows there's some infringement somewhere. Oracle might get a whole lot of mileage out of this piece of evidence."
In conclusion, "Steve Jobs Was Right: Google IS Turning Into Microsoft" and Google must be stopped before it cripples both the competition and innovation itself. Hopefully, now that the U.S. and the E.U. are both investigating Google for antitrust violations, they will prevent the buyout of Motorola by Google before it attempts to use it to help kill off the innovation of others, and lets all hope that Google itself will be reigned in before it's too late as well, because as Jobs pointed out, "Don't be evil" on Google's part is just a 'bunch of bull......", and nothing but a fairy tale, and nothing more.
And that's my 2 cents 4 this sunny and delightful Wednesday, February 08, 2012
Google image via: The Road To The Horizon