Re: More comments on "agrees" v. "purchases" - jscala
in response to
by
posted on
Apr 29, 2008 07:41AM
I offer some discussion here.
First, please recognize that IMO all purchased licenses were probably done using a document/contract called a "Licensing Agreement". And all the Licensing Agreements had terms for payment, whether one time payment, one time payment for past infringement and royalties for future infringement, ignored past infringement and royalties for future infringement only, or even payment dependent upon the outcome of some impacting future event (though IMO this alternative makes little sense - they'd wait for the outcome of the event to become known unless there were some other "need" for a license to be executed - like to enable the closure of litigation). IMO, the word "agreement" tells us nothing. They were all "agreements", and the terms were always agreed to enable agreement execution.
IMO, you are missing the true key, particularly regarding the RIMM announcement. IMO, the phrase "...have agreed to the terms of a patent license" strongly suggests the the Licensing Agreement, itself, has not been fully executed. Why not? You probably KNOW what I'm thinking here.....
IMO, ongoing royalties would just be in the terms of payment portion of the executed Licensing Agreement. I have to ask how they would be permitted to use the technology without a license, or an interim license, or something? Perhaps the better question is, why would our team do that? And why would they announce it?
I apologize in advance because I probably won't debate this. I'm trying to be a "lurker only" and am failing miserably. You may be completely correct in your conjecture, I just offer something more to consider.
I offer conjecture with what I consider sound reasoning, and solicit discussion. I receive little to none.
I pick on the statements - the words - of certain posts and get blatantly attacked. The words I question are not discussed at all. My counter-arguments are not discussed at all. I'm attacked for even questioning the words and the motives behind them. But the words are apparently not open to discussion - especially by the person that wrote them. And this is somehow my fault.
I return to my quest to be a lurker only - but one more failure on my part will tell me it's time to stop lurking. It's too darned frustrating.
And please, nobody say a single word about my revelation. And to those that will find joy in my silence, please keep it to yourselves. You've succeeded. No discussion or even acknowledgment of the words, just attacks. Brilliant!
GLTALs,
SGE