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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting -- Ignore unavailable to you. Want to Upgrade?


To: slacker711 who wrote (54897)9/1/2006 9:05:43 AM
From: carranza2  Read Replies (1) | Respond to of 196971
 
Agree.

I think it obvious that the ND part of FRAND is met by Q's practices. The only bone of contention with any meat left on it IMO is whether they are F and R, and the hoi polloi like us have no idea as this is very much driven by a context which is invisible to us.



To: slacker711 who wrote (54897)9/1/2006 9:20:04 AM
From: carranza2  Read Replies (1) | Respond to of 196971
 
I dont know the exact legal standards

In most civil cases, a plaintiff must prevail by a "preponderance of the evidence", a loose standard. It's typically said that a litigant using this standard prevails if he has 51% of the evidence behind him.

Fraud and a few other things are judged more strictly using the "clear and convincing evidence" standard, a standard which is difficult to articulate but IMO opinion is closer to the very strict "beyond a reasonable doubt" standard used to convict in criminal cases than to the "preponderance of the evidence" standard.

I agree that Q never misled anyone. A fraud claim is not only legally difficult to prove but not justified.