Microsoft settles InterTrust suit

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EU Commission adopts new safe harbour for licensing of patents, know-how...: I'm sorry but this deal between Sony and Microsoft is likely to be in violation of the EU's new Antitrust rules ...

IP/04/470 - Brussels, 7 April 2004
Commission adopts new safe harbour for licensing of patents, know-how and software copyright
http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/470|0|RAPID&lg=EN
The European Commission adopted today new rules for applying competition policy to the licensing of patents, know-how and software copyright. The rules reduce bureaucracy and increase legal certainty for companies as more licensing agreements will benefit from a regulatory safe harbour, saving many agreements from individual scrutiny. They will also effectively contribute to the dissemination of technology and know how within the European Union, in line with the objectives set at the Lisbon Council in 2001. The new policy is part of the fundamental reform of the enforcement rules for antitrust which will come into force on May the 1st.
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However, the new Regulation provides the safe harbour only below certain market share thresholds, 20% for licensing agreements between competitors and 30% for agreements between non-competitors.

The new block exemption Regulation will have a black list of ******** antitrust violations. In other words, what is not explicitly excluded from the block exemption is now exempted. This contrasts and eliminates the strait jacket created by the white and grey lists contained in the 1996 Regulation.

To the extent that enterprises do not surpass the market share thresholds they do not have to worry about the compatibility of their agreements with EU competition law. At the same time, clearly defined "******** restrictions" which produce negative effects on the market are normally prohibited. In the absence of ******** restrictions there is no presumption that agreements, either existing or new, falling outside the safe harbour are prohibited. Individual assessment of the likely effects of the agreement is required. This is very different from the old form based approach, where restrictive clauses were often considered illegal outside of the scope of the block exemption. The Guidelines set out the principles for individual assessment outside of the safe harbour,; Posted by: David Mohring Posted on: 04/12/04 You are currently: a Guest | Members login | Terms of Use

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EU Commission adopts new safe harbour for licensing of patents, know-how... David Mohring | 04/12/04

It hasn't had a court test yet. No_Ax_to_Grind | 04/12/04

have to be a lawyer to understand all that V Sanders | 04/12/04

Easy to understand, EU is useing courts instead of competition. No_Ax_to_Grind | 04/12/04

Interesting assumption vferrara | 04/12/04

Why Microsoft is settling so many pantent issues. No_Ax_to_Grind | 04/12/04

Really? tic swayback | 04/12/04

I'm certain that is part of it. No_Ax_to_Grind | 04/12/04

Perhaps you should do some research Taz_z | 04/12/04

T read it and it seems they agree with me. No_Ax_to_Grind | 04/12/04

I'll leave to you to ignore factual statements. Taz_z | 04/12/04

Take a look at the numbers. No_Ax_to_Grind | 04/12/04

But it took root 13 years ago Taz_z | 04/12/04

Who cares, this is today. No_Ax_to_Grind | 04/12/04

i think you are correct sir V Sanders | 04/12/04

SCO all over again? No_Ax_to_Grind | 04/12/04

One point Spoon Jabber | 04/12/04

No, you seem to misunderstand. No_Ax_to_Grind | 04/12/04

Nope. At least from what I understand. Patrick Jones | 04/12/04

Maybe, but do you think MS will allow it? No_Ax_to_Grind | 04/12/04

Maybe.. Patrick Jones | 04/12/04

No, it's not just MS. No_Ax_to_Grind | 04/12/04

Once more AX Spoon Jabber | 04/12/04

Once more spoon jaber No_Ax_to_Grind | 04/12/04

I really hate these Talkback limitations! Patrick Jones | 04/12/04

I hate them too Patrick. No_Ax_to_Grind | 04/12/04

Good Points. Patrick Jones | 04/12/04

Get a clue, Bitty Jose Jimenez | 04/12/04

No one has suggested otherwise. Are you confused? No_Ax_to_Grind | 04/12/04

Isn't this your quote? Seems to be the premise of your argument. Jose Jimenez | 04/12/04

Now I see where you are confused. No_Ax_to_Grind | 04/12/04

Gee, that's twice now Spoon Jabber | 04/12/04

You're dodging the issue... Jose Jimenez | 04/12/04

Be glad to give you an example Jose. No_Ax_to_Grind | 04/12/04

Attn: Jose and SpoonJabber. From the horses mouth! No_Ax_to_Grind | 04/12/04

(NT) Hey Ax, are you from "Dodge" city? Spoon Jabber | 04/12/04

I would never say never..... Jose Jimenez | 04/12/04

Sorry, anti-trust doesn't come into it at all. No_Ax_to_Grind | 04/12/04

SpponJabber, I suppose your Dodge city remark... No_Ax_to_Grind | 04/12/04

Did you bother to read my post? Jose Jimenez | 04/12/04

Jose, read and answered every point. No_Ax_to_Grind | 04/12/04

Yeah Bit, I know you and Linus are tight... Jose Jimenez | 04/12/04

Jose, you and I both... Spoon Jabber | 04/12/04

So I have to be buddies with him to hear him? No_Ax_to_Grind | 04/12/04

This could lead to the death of any innovation j.m.galvin | 04/12/04

Thank you for making one of my points. No_Ax_to_Grind | 04/12/04

I didn't mention Open Source j.m.galvin | 04/12/04

I'm not disagreeing with you. No_Ax_to_Grind | 04/12/04

Perhaps they are settling these patent issues because... B.O.F.H. | 04/12/04

If you believe that, MS is going to have it easy. No_Ax_to_Grind | 04/12/04

Alas, I am not as great a fan or inovation by theft as you are. B.O.F.H. | 04/12/04

You lost another debate I see. No_Ax_to_Grind | 04/12/04

Another way to tell when someone has lost a debate: tic swayback | 04/12/04

A debate yes, name calling no. No_Ax_to_Grind | 04/12/04

Pots and kettles tic swayback | 04/12/04

tic, see it anyway you want. No_Ax_to_Grind | 04/12/04

Dishing it out, but not taking it tic swayback | 04/12/04

As I said tic, see it anyway you want. No_Ax_to_Grind | 04/12/04

Don't put words in my mouth tic swayback | 04/12/04

What's wrong little one, can't address issue related to multinationals? B.O.F.H. | 04/12/04

Sorry BOFT, you stepped in it. No_Ax_to_Grind | 04/12/04

No_Ax_to_Grind doesn't like people using his own tactics on him... B.O.F.H. | 04/12/04

I don't see the insult voska | 04/13/04

I'm not convince the two are directly related tic swayback | 04/12/04

Maybe, mabey not tic. No_Ax_to_Grind | 04/12/04

Cutting their losses tic swayback | 04/12/04

May well be, we have come full circle. No_Ax_to_Grind | 04/12/04

Who gets hurt tic swayback | 04/12/04

Not true tic. No_Ax_to_Grind | 04/12/04

More than just a patch tic swayback | 04/12/04

Or maybe its because... tiedyeguy64 | 04/14/04

what are they doing V Sanders | 04/12/04

Losing a battle often means winning the war. No_Ax_to_Grind | 04/12/04

I guess V Sanders | 04/12/04

There may be other reasons too. No_Ax_to_Grind | 04/12/04

So you think they'll settle with Eolas? tic swayback | 04/12/04

No, "prior art" will end it. No_Ax_to_Grind | 04/12/04

But this case is obviously legitimate tic swayback | 04/12/04

The only "obvious" thing is the prior art. No_Ax_to_Grind | 04/12/04

Sorry if I was unclear tic swayback | 04/12/04

My bad, I thought you meant Eolas. No_Ax_to_Grind | 04/12/04

Settling is just that, they don't want to fight it voska | 04/13/04

Commitment ? Update victim | 04/12/04

Stay tuned, you'll catch on. No_Ax_to_Grind | 04/12/04

And that reason is.... tic swayback | 04/12/04

Because no business would go along with it. No_Ax_to_Grind | 04/12/04

True, but what about individuals tic swayback | 04/12/04

To be honest,,, I don't think so. No_Ax_to_Grind | 04/12/04

What IP does Linux contain that is "stolen"? Spoon Jabber | 04/12/04

Spoon Jabber - read the entire thread. No_Ax_to_Grind | 04/12/04

Read 'em all, wrote a couple. Spoon Jabber | 04/12/04

Let me "spoon" feed it to you then. No_Ax_to_Grind | 04/12/04

Did you "get it" yet Spoon? No_Ax_to_Grind | 04/12/04

The obvious response: tic swayback | 04/12/04

Stolen IP is a bogus issue! B.O.F.H. | 04/12/04

OK Ax, I "got it" Spoon Jabber | 04/12/04

The downfall of patents voska | 04/13/04

2nd settlement this month... B.O.F.H. | 04/12/04

Oooh! Me! Me! Pick Me! tic swayback | 04/12/04

Isn't it ironic. Cardinal_Bill | 04/12/04

Yes, how ironic and hypocritical... MacCanuck | 04/13/04

MS shills at it again, nobody convinced Spam-ZD | 04/13/04

What do you think?

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