Re: 0.165...soooo what??...Dinkie../Mi...
in response to
by
posted on
Mar 26, 2009 10:47PM
You ask the question which is fundemental to the issue and depends on the exact nature of the agreement bewteen EDIG and TI...
FIRST:...
There is a great deal of patented technology that is given out for "FREE" as means of giving the company the needed "Exposure" and eventually clientle that pay money for its use...
Google, Yahoo, etc. come to mind. You and I don't get charged for use of Google and companies it bought because they want to make their billions by selling ad space to corporate advertizers making their billions...
SECOND:
You asked:...
"I cannot believe TI's obligation to EDig for it's usage of EDig tech would be to inform other users "TO GO TO EDIG IF FURTHER SERVICES are NEEDED" Is that sufficient "LEGAL" compensation"??
The ANSWER to yourquestion is, it MAY JUST BE SUFFICIENT COMPENSATION, depending on the intent of the parties to the agreement:...
Generally speaking, In law an "AGREEMENT" is valid and enforceble by the courts so long as there is an offer, an acceptance, and SUFFICIENT consideration supporting it....
SUFFICIENT Consideration can be a "Peppercorn", so long as the FACTS of the case show the parties intended it to be so, and the custom deemed it to be so.
Here, assuming the agreement called for TI free use of EDIG tech in exchange for giving then "Exposure" al la Google, where is the "Infringement" by TI?...
I am glad we have M on our side, and I am positive if there is any way to get them on the list it will happen. I just am suggesting they may not be on the top tier of next batch of infringers filed against...
Gil...