• [^] # Re: La condamnation ne veut pas dire grand-chose

    Posté par . En réponse au journal Brevets : condamnation de Microsoft en Allemagne. Évalué à 9.

    FRAND = fair, reasonable, and non-discriminatory terms

    Non-discriminatory relates to both the terms and the rates included in licensing agreements. As the name suggests this commitment requires that licensors treat each individual licensee in a similar manner. This does not mean that the rates and payment terms can’t change dependent on the volume and creditworthiness of the licensee. However it does mean that the underlying licensing condition included in a licensing agreement must be the same regardless of the licensee. This obligation is included in order to maintain a level playing field with respect to existing competitors and to ensure that potential new entrants are free to enter the market on the same basis.

    • prix differents selons l'acheteur -> discriminatoire, c'est assez clair

    Reasonable refers mainly to the licensing rates. According to some, a reasonable licensing rate is a rate charged on licenses which would not result in an unreasonable aggregate rate if all licensees were charged a similar rate. According to this view, aggregate rates that would significantly increase the cost to the industry and make the industry uncompetitive are unreasonable.

    http://www.bloomberg.com/news/2012-04-02/motorola-mobility-wants-4-billion-from-microsoft-over-patents.html

    Microsoft said Motorola Mobility is seeking 4ドル billion a year for licensing 50 patents on video compression. The entertainment division of Redmond, Washington-based Microsoft generated 8ドル.9 billion in sales last year. Microsoft’s total revenue was 69ドル.9 billion in the fiscal year that ended June 30, 2011.

    The software maker said it pays 6ドル.5 million a year to a group of 29 companies with 2,339 patents that cover the same industry standard.

    • prix bien plus eleves que des brevets du meme genre -> pas raisonable mais c'est une longue discussion la