Some of you aren't getting it. There was a reason Apple held out on paying Nokia. It was never in dispute that they owed anything.
Most of Nokia's IP relates to international wireless standards, and the licensing of this particular IP, such as GSM, is a far different beast than other IP. There's really no way around *not* licensing it to others, and no way around others *not* having to use it.
There are, however, rules that the licensor of this IP must abide by (given the nature of this IP); namely and in particularly under Fair, Reasonable and Non-Discriminatory terms, known as FRAND. As you can tell, this sort of thing doesn't at all apply to all IP. However, Nokia's is quite fundamental to the mobile industry, i.e., GSM. Nokia must license according to reasonable terms. The issue was, what was meant by Fair, Reasonable, and Non-Discriminatory, and whether Nokia was or was not offering the license to Apple under these terms. Apple was looking for these terms, in particular for the same treatment Nokia gave to every other licensee.
Apple alleged that Nokia's terms were *not* Fair, Reasonable, and Non-Discriminatory (and not at parity with the terms Nokia offered to other licensees) whereas they are required to be. We don't know exactly how much Nokia was asking. We know that Apple did not have a lot of similar patents that Nokia had to license under FRAND, so we can just as well assume that they were asking for more than what Apple thought was justified.
Given that this case didn't go on for very long, means that that one of the parties likely gave in to the other. Someone caved. We really don't know who tapped out first. However, do note that Apple already had three of the patents excluded. Further, one of the parties needed the deal (as in, money) more than the other, and given the early resolution, they needed the deal *now.*
Draw your own conclusions.
Most of Nokia's IP relates to international wireless standards, and the licensing of this particular IP, such as GSM, is a far different beast than other IP. There's really no way around *not* licensing it to others, and no way around others *not* having to use it.
There are, however, rules that the licensor of this IP must abide by (given the nature of this IP); namely and in particularly under Fair, Reasonable and Non-Discriminatory terms, known as FRAND. As you can tell, this sort of thing doesn't at all apply to all IP. However, Nokia's is quite fundamental to the mobile industry, i.e., GSM. Nokia must license according to reasonable terms. The issue was, what was meant by Fair, Reasonable, and Non-Discriminatory, and whether Nokia was or was not offering the license to Apple under these terms. Apple was looking for these terms, in particular for the same treatment Nokia gave to every other licensee.
Apple alleged that Nokia's terms were *not* Fair, Reasonable, and Non-Discriminatory (and not at parity with the terms Nokia offered to other licensees) whereas they are required to be. We don't know exactly how much Nokia was asking. We know that Apple did not have a lot of similar patents that Nokia had to license under FRAND, so we can just as well assume that they were asking for more than what Apple thought was justified.
Given that this case didn't go on for very long, means that that one of the parties likely gave in to the other. Someone caved. We really don't know who tapped out first. However, do note that Apple already had three of the patents excluded. Further, one of the parties needed the deal (as in, money) more than the other, and given the early resolution, they needed the deal *now.*
Draw your own conclusions.
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