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Odd: The Obama Veto of The Decision Samsung Won Against Apple

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it hit me as odd, when I heard on the radio that overnight, Samsung stock value had dropped a billion dollars-- because of the decision by Obama, communicated by US Trade Representative Michael Froman, to overturn the court ruling that favored Samsung. It's the first time such a veto has been made in 25 years. 

Samsung has spent a fortune pursuing this patent violation case.  There are two ways to pursue a patent violation-- in the civil courts and through the United States International Trade Commission.   (ITC) 

Usually,  for big players, when the first, civil route fails to yield success, the ITC route is chosen. 

This time, it worked for Samsung. All but one of the six ITC commissioners supported Samsung's claims against Apple. But the dissenting voice, Dean A. Pinkert  , opposed the decision because of failure to meet FRAND-- Fair, Reasonable, and Non-Discriminatory- criteria for licensing. 

From http://www.flickr.com/photos/76744449@N07/7364958586/: Apple iPhone 4S vs Samsung Galaxy note
Apple iPhone 4S vs Samsung Galaxy note
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Apple iPhone 4S vs Samsung Galaxy note by sidduz


So Obama's brand spanking new US Trade Representative, Michael Froman, stepped in and issued a letter voiding the decision, a virtual veto. That will earn Apple many billions of dollars in revenues-- which, as are the rest of Apple's revenues, un-taxed, because of the loopholes Apple has used to avoid taxation. 

A Gigaohm article explained the reasons for the veto,
The decision  signed by the U.S. Trade Representative cited "substantial concerns" over "the potential harm that can result in owners of standards-essential patents"gaining undue leverage and engaging in a "patent holdup.'"

That 'patent holdup' is ALL about the failure to FRAND criteria for fair and reasonable licensing. 

Let's talk about Trade Rep Froman for a moment. He's one of the Robert Rubin bankster acolytes, a former managing director at Citigroup, that Obama has surrounded himself with, also a classmate of Obama's. He actually introduced Obama to Rubin-- sort of like introducing someone to the devil. 

 I recently quicklinked a story about Froman here:   Only Elizabeth Warren & 3 Other Dems Oppose Obama's TPP Secrecy Supporting Nominee for Trade Representative

Froman will be Obama's main lead man for getting TPP-- the Transpacific Partnership trade deal passed. This is a horrific treaty that is bad for America. 

Mike Massnick writes, in Techdirt.com,
"... Hopefully, this signals a bit of a change in understanding under the new USTR, such that there's a real recognition that overaggressive intellectual property laws and enforcement can have a seriously negative impact. Of course, the more cynical among you might note that this is also the US government stepping in to protect the US company (Apple) against a foreign company (Samsung). An even more cynical group might further note that the Obama administration also probably didn't want to deal with the headache of headlines about how the federal government had suddenly banned a bunch of iPhones and iPads... But, for the sake of being optimistic, let's hope that this really is a sign of a more thoughtful USTR, which isn't quite as wedded to intellectual property maximalism, as its predecessors have been."

The problem is, the ITC is a US agency and it ignored the  FRAND criteria, siding with corporate "intellectual property maximalism."  Imagine if, and probably WHEN, the TPP trade deal is passed, when anonymous business leaders will be the ones making such decisions. And remember that the TPP agreement will allow the TPP to prevail over US laws. 

Frankly, I've written this because it's odd, the first time in 25 years. And it involves a Rubin bankster acolyte I don't trust and expect bad things from. So, I'm hoping you, the readers, will help do some digging and tying together connections I haven't seen. 

 

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Rob Kall has spent his adult life as an awakener and empowerer-- first in the field of biofeedback, inventing products, developing software and a music recording label, MuPsych, within the company he founded in 1978-- Futurehealth, and founding, organizing and running 3 conferences: Winter Brain, on Neurofeedback and consciousness, Optimal Functioning and Positive Psychology (a pioneer in the field of Positive Psychology, first presenting workshops on it in 1985) and Storycon Summit Meeting on the Art Science and Application of Story-- each the first of their kind.  Then, when he found the process of raising people's consciousness and empowering them to take more control of their lives  one person at a time was too slow, he founded Opednews.com-- which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from predominantly Top-down (hierarchical, centralized, authoritarian, patriarchal, big)  to bottom-up (egalitarian, local, interdependent, grassroots, archetypal feminine and small.) Recent long-term projects include a book, Bottom-up-- The Connection Revolution, debillionairizing the planet and the Psychopathy Defense and Optimization Project. 

Rob Kall Wikipedia Page

Rob Kall's Bottom Up Radio Show: Over 200 podcasts are archived for downloading here, or can be accessed from iTunes. Rob is also published regularly on the Huffingtonpost.com

Rob is, with Opednews.com the first media winner of the (more...)
 

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