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

To: rkral who wrote (54966)	9/2/2006 12:26:51 PM
From: carranza2	Respond to of 196959

ETSI is a European entity (maybe a legal entity of France) ... so how do U.S. courts have jurisdiction in the first place? I don't know exactly how it is that ETSI was created but my impression is that it is part of a worldwide agreement under which responsibility for developing standards--any kind of standards--is assigned to different groups. Don't hold me to this as I have studied the issue very briefly, but I believe the ITU is the umbrella organization which may have delegated the responsibility for UMTS and the GSM family of standards to ETSI and 3GGP. In any event, as a condition of being allowed to participate in ETSI, and consequently enjoy the considerable benefit of having their IPR incorporated into the standards which are developed, all members have to make a commitment to license the IPR used in the standards developed under the ETSI and 3GGP umbrella in an FRANDLy way. This commitment is the equivalent of a contract enforceable in a court of law as I don't think ETSI or 3GGP or any other standards setting organization for that matter have any enforcement mechanisms. Anywhere a court can hear a FRAND dispute is generally a good forum for it [this is a very broad statement full of holes and exceptions, but good enough for here]. Since both NOK and Q do business in the US, our courts can deal with the problem.