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To: tinkershaw who wrote (33961)10/28/2000 4:24:17 AM
From: saukriver  Respond to of 54805
 
Rambus can refuse to license to any and all parties if they choose without legal repercussions.

A tad overstated. Rambus does need to be careful not to be too arrogant and will want to avoid running around saying brash things like "We are going to stand on their airhose." Should Rambus ever become involved in anti-trust litigation, it would be unwise to make an inoperable chunk of software and then tell the federal judge that is what he ordered (thereby implying he is an idiot). It would be helpful to keep the number of memoranda speaking of "game over strategy" to a minimum and avoid having your CEO in a videotaped deposition appear evasive.

But there is no general "duty to deal" unless the law imposes one as a remedy in the anti-trust context.