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DataMuncher
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re: Collaborative Advantage: How Apple-Samsung will impact standards development
DataMuncher   8/29/2012 7:03:10 PM
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It seems that even when Steve's suggestions are followed, commercial exingencies drive companies that participate in SDOs to do stupid things, at least with respect to the standards org intentions. Samsung seems to have bithered through ETSI's well-defined IP, trying prosecute what should have been FRANDed patents ex-posfacto to the standards setting. Whether intentional or accidental, both Samsung and South Korean courts look like dunces when it comes to understanding what they signed up for. While Samsung seems to have claimed ignorance to FRAND requirements, Motorola/Google makes a more malicious claim that standards-org-based legal agreements to offer FRANDs are unenforceable. I would argue that even the most robust IP policy for standards seems not to mitigate the risk of litigation if the stakes get high enough.

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