To: Qurious who wrote (146712 ) 5/31/2018 12:49:37 PM From: VinnieBagOfDonuts 4 RecommendationsRecommended By DavidRG Fiero Jim Mullens waitwatchwander
Read Replies (1) | Respond to of 196564 (I noticed in another post you perhaps support splitting the licensing (Slacker's $30 example split 18/12). As there are a couple of other points in here, I kept the full post) Make the royalty 50% of the contract price for the modems. $10 low end modem -> $5 royalty. $25 high performance modem -> $12.50. I think that is at least as defensible as a sliding scale based on the handset. Personally, I believe that is a lot easier to justify. Charging the modem competitors could work for NonSEPs (although auditing and compliance would definitionally be harder than with customers). The problem is the licensing of SEPs which needs to be FRAND. The 50% is NonDiscriminatory but charging the "modem" implementers for all of the SEP IP their part doesn't directly utilize runs afoul of Fair/Reasonable. For example, the competitor modem implementers go to the ITC and argue "Q was previously receiving 'x' for all of the SEP and my part only uses 10% of their IP as they have publicly said, so 50% is too high and should be 5%". In such a scenario, that would be a 90% haircut and how would Q go about collecting that remaining 90% SEP IP and from whom? We all get and agree that it is better to charge competitors (vs. customers) for your IP because disputes will undoubtedly occur, but one needs to consider the unintended consequences that can arise when one obvious problem is solved. Also, this new licensing model would have no positive impact on government initiated serial litigation which I believe you previously cited as evidence of a problem with the existing model. Since those claims are often competition based, it would likely aggravate the situation as governments love to stuff their coffers under the guise of protecting/supporting local companies from unfair competition. Lastly, if your proposed licensing solution was such a slam dunk winner, I think Q would have moved in that direction by now, especially since an activist like Janus who garnered 3 board seats was involved.