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

To: Stock Farmer who wrote (76862)	5/4/2008 10:20:18 AM
From: rkral	Read Replies (1) \| Respond to of 197270

"Which is to say that when I enter a contract that says, in effect, "all extensions have to be in writing", the other party will honor what I put down in writing, even if they can turn to the implicit operation of an obscure law in a foreign jurisdiction that they didn't disclose at the time and pretend I agreed to what they wanted anyway." Which they is "they"? And to which "foreign" jurisdiction do you refer -- France or California?

To: Stock Farmer who wrote (76862)	5/4/2008 12:31:48 PM
From: Maurice Winn	Respond to of 197270

SF, if engineering was as much of a crap-shoot as people say the legal system is, every day there would be buildings collapsing, water pipes bursting, dams collapsing, cars flying off the road,chemical reactions exploding, aircraft crashing, software crashing, and space shuttles falling out of the sky, Some of us got too much dirt in our hair, fists in our face, strangling of our throats, and whips in our face. We have been robbed, poisoned, threatened. We prefer to have rational adults around to control bullies and criminals rather than to run a Lord of the Flies chimpoid system of violent alpha male thieving in which no wealth or usefulness can accumulate. One size doesn't normally fit all, as you say. Nokia, being bigger should pay a bigger royalty, because they can afford to and still make oodles. It's the little guys who are being squeezed out with their innovative ideas but low margins who need the smaller royalties and lower up front fees. Normally, the big customer gets an economy of scale discount, because they are bigger and competitors will give them a discount. In the patent world, governments reward inventors by giving them a monopoly to charge what the market will bear. That means the big ones pay MORE, not less, than the little ones. More precisely, those better able to pay pay more. Nokia is habituated to being big and getting a discount because of it - cheap batteries, screens, plastic, advertising, ASICs. Especially, those who are expensive to deal with pay more. The problem arose because of the idea of FRAND and the GSM Guild's cartel concepts. I was disappointed when the GSM Guild managed to get QUALCOMM enmeshed in their muck. I'd have preferred to just tell them they could could have any flavour of CDMA as long as it was black, in CDMA2000 form. Perhaps there was good reason to cave in and hand over the goods on the basis of a foolish FRAND arrangement [which seems like an illegal conspiracy to me - not that it should be illegal as I don't agree with the anti-trust laws]. Unfortunately, there seems to be a presumption that "both are corporate children". My experience is that there usually is one party who is trying to be Mr Big Shot bully boy and get awa y with something they are not entitled to. Nokia is getting away with QUALCOMM's property. QUALCOMM isn't getting away with anything and is also losing payments from other licensees who are being mowed down by the monster Nokia. I'd like to see the bully-boy get his comeuppance. Judge Strine has got the USA military, customs, police, political, legal and economic system backing him up. He's in a position to create civilization. I'd like to see him do that. It will be interesting to see what choices he thinks create equity and civilization. If he was Neelie Kroes, I would abandon hope, sell now and move my remaining funds back to NZ. Neelie isn't the civilizing influence, she's the kleptocratic bully = worse than just having a neighbourhood bully who at least keeps a weather eye on the parents/police. Mqurice [not quixotic - I find plenty of good people to deal with].