Alby_da_Wolf said:
Kasz216 said:
Booh! said:
Kasz216 said:
Booh! said:
No, you cannot.
You're mixing copyright infringement (NES cartridges, PS3 games), with patent infringment. The licence for PS3 or NES games is not a technological licence, it's a copyright licence.
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Show me where your forced to liscense pantents.
Everything i've read on patent law says otherwise. Note that Drugs are patented... and those rights are not liscensed.
The patent monopoly can be used to exclude others from producing your product, or you can make money by licensing your monopoly rights to others.
http://www.tannedfeet.com/patent_law.htm
"Patents protect specific design innovation or way of doing things (That summary may be lacking). They are stronger than copyright, in that independent development is not an excuse. The patent holder is also allowed to refuse licensing the patent (even if they don't use it themselves). The term for patents are also shorter: less than 20 years; whereas copyright lasts for at least 50 years after the death of the author (by berne convention). Patents are also supposed to be granted only for novel ideas not obvious to somebody skilled in the art."
http://forums.xkcd.com/viewtopic.php?f=40&t=41550&start=40
Companys are free to withold liscensing to whoever they wish. If you've got proof to the contrary, feel free to bring it up.
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http://www.iprstrust.org/page/basics-faq
Essential patent and essential facility, if you cannot build Bluray player without the LG patents, than those patents are essential. You cited US law, European law is quite more liberal. The difference is that Europe enforces anti-monopoly law, while US never did lately.
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Prove it's essential? Also, that Blu-ray is essential. Afterall, they don't force liscensing of drugs do they? That seems... more essential.
As far as I know, for it to be an "Essential Patent" it needs to be for the Industry standard.
Which Blu-ray is not. DVD still is. Even if it is considered and Industry Standard you'd have to prove those patents are essential and can't be worked around.
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http://en.wikipedia.org/wiki/Blu-ray_Disc_Association
LG is founding member and member of the board of directors of the Blu-Ray Disc Association. This makes things different, as if those patents were essential for the standard, LG would have committed a "patent ambush". But as it filed a lawsuit, most probably this is not the case, so those patents must be used only in Sony's implementations. But in this case the infringing parts can be replaced, although it would take some time and a lot of money (not only for design and implementation, but also because damages already suffered by LG shold be compensated) to Sony to get out of troubles this way, so an agreement is the most probable outcome.
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Most probable, though not definite. Which is my point. I expect a settlement will be the obvious way out. However. What you should keep in mind is.
They aren't targeting Sony Blu-ray Players.
They are targeting PS3's and Bravaria TVS.
So, patent ambushing shouldn't apply, since it's not about the players... but about HD Tvs and videogame systems.
Also a Patent Ambush only applies when information is withheld about patents. Sony could of full well known of the patents and just infrined on them.
