To: DWB who wrote (1193 ) 1/11/1998 1:34:00 AM From: Maurice Winn Respond to of 5390
Daniel, I meant by the salesman analogy that the burden of proof is on the person trying to demonstrate something to do the proving or convincing that they can perform in this case where the dream is broader band CDMA. We'd been philosophically mucking about with whether there were negatives or positives to be proved and who has the burden of proof. Just as Qualcomm had to come up with the goods and convince the world that cdmaOne was not vaporware, worth investing in and would produce great benefit, so the burden of proof is on the claimant, Ericsson, to demonstrate more than the wish to keep its markets, distract customers from competitors and gain time to hopefully produce what is going to be a very difficult piece of work; an effective mobile multimedia phone/pc. It is possible to falsify some claims by showing they conflict with known requirements, such as the limits on the speed of light around our little planet. But I can't prove Ericsson can't produce the goods. They have to show they can. It seems certain that the physics is achievable, but that is far different from actually doing it. Especially when Qualcomm is streets ahead with rafts of patents. You said: "The problem with "guilt by perceived historical similarity" is it's accuracy is dependant on how true one's perceptions are. In your example, proof of performance during a sale is required once a system is being sold. Currently Ericsson is developing the systems, and therefore can't be held to that standard. You cannot be asked for performance related proofs until an item exists. Otherwise people could have tarred and feathered the Wright Brothers before their tests at Kitty Hawk every time they said they were building a flying machine. In that case, to claim that they couldn't do it would have been a case of "guilt by perceived historical similarity" (we've never built one before, so we can't in the future either), which is rubbish. The accusers "perception" would have been faulty." It is not for investors to prove Ericsson can't do it. It is for Ericsson to convince that they can. In a timely fashion. They certainly have the financial and other resources so should be able to do better than most. From comments by the GSM Club, I don't believe they would have put anything significant into CDMA. If they were, then they were liars and damaging their credibility back then. They can choose; we were wrong or we were lying. Having denied the success of cdmaOne right up to part way through last year it is asking a lot to say, "Well the Wright brothers flew a plane so I guess Ericsson can fly a broadband CDMA system in a year or two". Maurice