Op-ed Asks, Who is the Bigger Bully: Apple or Qualcomm? Op-ed Asks, Who is the Bigger Bully: Apple or Qualcomm? – NTK Network

Op-ed Asks, Who is the Bigger Bully: Apple or Qualcomm?

But in a recent op-ed, University of Richmond law Professor Kristen Jakobsen Osenga asks, “Who’s the real bully?” in the dispute between these companies.

By NTK Staff | 07.10.2018 @2:04pm
Op-ed Asks, Who is the Bigger Bully: Apple or Qualcomm?

As the summer weather heats up, so too does the increasingly bitter fight between tech giant Apple and Qualcomm, the company that exclusively supplied modem chips for Apple phones for years.

These days, Apple uses Qualcomm chips for some phones and Intel chips for others. Tensions between the companies arose when Apple stopped paying Qualcomm for patents it developed. That resulted in a patent infringement lawsuit, countersuits, depositions, and heated rhetoric between the two companies.

But in a recent op-ed for The Daily Caller, University of Richmond law Professor Kristen Jakobsen Osenga asks, “Who’s the real bully?” in this dispute.

In plain terms, Osenga simply notes that Qualcomm is exercising its patent rights:

Qualcomm, in exercising its patent rights, is simply saying that it owns the technology and can decide who else can use it. If you own a piece of property that the government recognizes as yours, which is essentially what a patent is, are you a bully if you ask a trespasser to leave? For most of us, that is clearly a no. And rather than try to stop the trespasser on its own, Qualcomm is using the legal system as it was designed, to get a judge to tell Apple to stop taking its technology without permission.

Still, the Federal Trade Commission (FTC) filed suit against Qualcomm, alleging anticompetitive behavior. Then came Apple’s lawsuits against the chipmaker. And finally, Apple began badmouthing Qualcomm in the press, calling the company a “bully.” Osenga explains further:

Qualcomm has invested countless hours and many resources to develop the technology that Apple now wants to use. Apple wants to use the technology because consumers like it – these are very valuable inventions that have been patented. But rather than pay for it, Apple is hoping that, by bullying Qualcomm, it will be able to use Qualcomm’s technology for free, whenever and however it wants to. Qualcomm, on the other hand, just wants to have Apple stop stealing its technology. The losses to Qualcomm, if Apple is allowed to continue stealing its technology, will be very costly and may prevent them from developing technology going forward.

The problem with Osenga’s analogy, which she fully admits, is Apple as a bully is far more serious threat than a playground bully. Qualcomm, a San Diego-based company, is developing 5G technology, which could catapult the U.S. far ahead of other countries when it comes to the sharing of information. But if Qualcomm is allowed to wither and die, as it would if Apple is allowed to no longer pay Qualcomm for its patents, U.S. national security could be at stake.

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