Antitrust vs. patents
Posted Mar 6, 2009 18:50 UTC (Fri) by giraffedata
In reply to: Antitrust vs. patents
Parent article: Third time is the charm?
We're looking at two different monopolies here: the monopoly over selling of VFAT, which is what the patent creates, and the monopoly over selling computers with removable storage, which results if VFAT has somehow become the only practical way to do removable storage.
In cases where companies have lost antitrust lawsuits because they used a patent to control interoperability like this, the redress was not that the invention became public domain, but that the patent holder was forced to license the patent for royalties the court determined were fair -- basically, what the patent holder would be able to get if he hadn't been able to corner the market.
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