|
|
|
@@ -37,7 +37,7 @@ |
|
|
|
|
|
|
|
<p>This debate got a lot quieter with the rejection of the software |
|
|
|
patent directive in 2005. Its place in the headlines was taken by |
|
|
|
other debates, such as standardisaton. Open Standards have been a |
|
|
|
other debates, such as standardisation. Open Standards have been a |
|
|
|
buzzword for years, but never has this term been discussed more |
|
|
|
intensively.</p> |
|
|
|
|
|
|
|
@@ -352,7 +352,7 @@ |
|
|
|
|
|
|
|
<p>In standards, the situation is somewhat similar. If patents are |
|
|
|
part of a standard, only an implementation that is covered by the |
|
|
|
patents provides an effective antitdote to monopolisation. Having to |
|
|
|
patents provides an effective antidote to monopolisation. Having to |
|
|
|
circumvent patents will generally break standards compliance and harm the |
|
|
|
public benefit that is the driving force behind standardisation.</p> |
|
|
|
|
|
|
|
@@ -375,7 +375,7 @@ |
|
|
|
|
|
|
|
<p>There are also cases where certain standardisation organisations, |
|
|
|
e.g. the <a href="http://www.iso.org">International Organisation for |
|
|
|
Standardisation</a> (ISO) have a priviledged position with |
|
|
|
Standardisation</a> (ISO) have a privileged position with |
|
|
|
governments for procurement decisions. Due to patents and |
|
|
|
insufficient (F)RAND conditions, not all standards priviledged in |
|
|
|
this way can be implemented by all legitimate market participants |
|
|
|
@@ -441,7 +441,7 @@ order to preserve its business."</em></quote> |
|
|
|
Non-Discriminatory, the resulting fees may easily add up to 50% or |
|
|
|
more of the cost for the end product. So all patent holders should |
|
|
|
commit ex-ante that the aggregate licensing cost for all patents |
|
|
|
should be reasonable. As an example, Mr Frain cited that in Nokias |
|
|
|
should be reasonable. As an example, Mr Frain cited that in Nokia's |
|
|
|
view, the patent licensing fees on the communication technology for |
|
|
|
mobile phones should be below 10% per handset.</p> |
|
|
|
|
|
|
|
@@ -454,7 +454,7 @@ order to preserve its business."</em></quote> |
|
|
|
non-discrimination against legitimate business models, and the ART+P |
|
|
|
approach also has the practical weakness that convergence joins more |
|
|
|
than one kind of technology per device, so the total patent |
|
|
|
royalties on a smart phone may still reach 50% even if the cost for |
|
|
|
royalties on a smart phone may still reach 50% even if the costs for |
|
|
|
GSM & Co are limited to 10%. But even these 10% can be |
|
|
|
considerable for laptops with included UMTS modems, or embedded |
|
|
|
devices, an area in which the profit margins are typically far below |
|
|
|
|
rolf_camps
hace 11 años