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This letter from Google from yesterday on behalf of Motorola says the same 2.25%, says its based on sale prices not effected by mobile operator subsidies or discounts, I dont see any way to see it except that you pay more royalties for a 64 GB Tablet then a 16 GB tablet, despite its 3G capability being totally identical. I think MMI is going to be in trouble with this on a FRAND basis because they (and others) sell chips with royalites included for substantially cheaper then what they are asking for royalties from Apple (and others).

http://www.scribd.com/doc/80976133/12-02-08-Google-to-IEEE-on-MMI-Patents
 
MMI wants 2.25% from Microsoft too

As part of their part of the H.264 patents, MMI is also seeking the same 2.25% from Microsoft for those patents, including computers running windows 7, X-Box 360 and the windows phones in the german courts. I'm wondering if the Nortel patent consortium (Apple, Microsoft, RIM etc) should pool some money and get MMI instead of Google and get these numbers down to a reasonable FRAND levels. You get the rest of the H.264 patents for $0.20, after the first free 100,000 units, and a cap of $6.5M per annum, but these comparitively small amount of patents held my MMI on the subject, are worth 2.25% on FRAND terms according to MMI's lawyers.
 
And exactly why is not fair?

If you reread the end of my post you will see my argument. Yes it is my opinion and nothing more but I challenge anyone to present a justifiable reason for Motorola to be charging a 21x premium to implement the patent on an iPhone versus a dumb phone.

What phone costs $30? Any that I've seen that low are heavily subsidized. I've never seen pay as you go type phones for such a small amount.

http://www.t-mobile.co.uk/shop/pay-...ON_MEC_S_Google_Pay_As_You_Go_Phone&WT.srch=1

Sort that by price and you will see. Here in the UK pay as you go phones at those prices are quite common.
 
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