<I might be totally off on my assessment but these are merely a few intuitive thoughts based on 30 years of litigation experience. None of it at the global level at which Q and NOK are playing, so dose these thoughts with the appropriate level of NaCl. >
C2, I know the legal system is supposed to be one law for all, but as we know, you don't see much in the way of "monopoly", "anti-trust", "Sherman act", "bundling", "abusive pricing", "anti-competitive practises" unless there is a LOT of money involved. I have seen outrageous prices for soft drinks in hot, out of the way places, and inside premises where the premises owner is the only one able to sell. But such monopolies are not challenged by the state. Lawyers don't drool over a high-priced soft-drink dispenser in Death Valley on a hot day [unless they are thirsty and hiking].
Overall though, the legal system seems to be passably equitable and Big Noters like Kenny-boy, the Worldcom boss, all-American icons like Martha Stewart, Mr Looking for the real Killer, and even President Clinton, all get dragged into the dock to answer to a pack of ignorant, vindictive/absurdly-forgiving jurors, or bilious judge, who give the thumbs up or down. If down, then down they go.
I remember the oil industry case where Gulf Oil and Texaco and some other company got into a wrangle over contract usurpation and the Big-Shot oil guys seemed to think that they, being big-timers, could swagger into some pokey little court and have their way. I couldn't believe their attitude as I have for decades known that the USA is murderously unforgiving of anyone who dares slightly challenge the power of the Roman Empire - they are nailed to the cross forthwith, or water-boarded if they are lucky. The judge showed them what happens in such cases and the judgment was eye-wateringly expensive. There were very chastened oil-men ushered out of court to pay the price. Google would have the details. There are crosses all over the USA showing and around the world showing what happens to people who dare oppose the state, especially the empires of the day. Maybe of them have models of Jesus with nails through his hands and feet. Children soon pick up on that message. "Misbehave and this is what you'll get!" "Challenge the state and it's game over mate".
I know the USA doesn't allow "religious" icons and so on as part of the official court decorations and procedures, but Jesus nailed to a cross isn't a religious decoration, it's a warning that NOBODY, but NOBODY, even if backed by supernatural deities, is above the power of the empire, the judgment of the judge, and the cash flow demands of the sycophantic solicitous solicitors. There should even be real blood dripping from the wounds, and perhaps an execution chamber needle in the arm as well. Or maybe electrodes stuck on the head.
I think your 30 years experience will be on the money and Nokia being "Big Noters" won't be a big deal as far as the courts are concerned. QCOM seems to have a modest demeanour in such matters and seems to be scrupulously "clean hands", which stands one in good stead in litigation circumstances. Nokia does NOT have a modest demeanour, being a ring-leader of the Hagfish Guild slime-ball gang. One minute they are quitting CDMA, the next, they aren't. One minute QCOM IPR is irrelevant, the next QCOM is running an evil-doing monopoly. On the one hand, 16% royalty is perfectly reasonable and FRANDly. On the other, 5% is market-destructive and abusively monopolistic, with illegal bundling going on. One day, high-speed W-CDMA is ready next week. Next week, it will be ready 5 years later, slow and buggy - meanwhile, $100bn in spectrum bids goes down the drain and in fact royalties are due to QCOM, contrary to the lies told by the Hagfish Guild that they [Ericy] invented CDMA in 1890 and QCOM was irrelevant. And on and on it goes.
The global level aspect won't affect USA decisions. But of course if China has a court case on whether TD-SCDMA was invented in China or by QCOM, you can be sure that it's all Chinese creativity. That won't affect USA court decisions which might declare TD-SCDMA to be in breach and that it should not be permitted into the USA and companies involved will be declared non-complying and duly punished. Politicians might even conduct political activity to defend the QCOM tax stream to them, such as putting big tariffs on Chinese products, or if things get really serious, blockading China.
I'll go with your judgment that Nokia is in the legal crap. That's what I think too.
Mqurice
PS It strikes me as ironic that Catholicism replaced the power of the Roman Empire which did the nailing to the cross. Then heresy trials and bulk murder of heretics became the order of the day, all in the name of Jesus of course. But really, it was just a continuation of the Roman Empire by different rulers. In fact, the purpose of the cross and effigies of JC nailed up, was to remind those in thrall under Stockholm Syndrome that they had better pay up, and believe what they are infallibly told, or else - excommunication would be the best to hope for.
Islamic bosses can line up millions of Moslems like iron filings in a magnetic field, all pointing to the north pole of Mecca using similar threats, though more believable these days, of stonings, beatings, amputations and what-not for various infractions of Islamic Jihad fatwahs.
This is not an attempt to pollute the sacred stream with religious diatribes - it is about power of states and various judicial bodies to determine royalty payments and enforcement of same; I am advocating nailing of Nokia management to a cross as a warning to others who steal intellectual property from the ruler of the world, QCOM. |
