SoylentNews is people
SoylentNews
from the I-thought-everything-worked-in-theory dept.
Appeals court ruling for Qualcomm "a victory of theory over facts":
A federal appeals court has tossed out a lower court ruling that Qualcomm abused its dominance of the modem chip market to force customers to pay inflated royalties for its patent portfolio. The appeals court forcefully rejected Judge Lucy Koh's 2019 analysis of Qualcomm's business practices and held that Qualcomm's behavior was merely "hypercompetitive," not anticompetitive.
The two rulings could not have been more different. In last year's 233-page ruling, Judge Koh explained Qualcomm's business practices in so much detail that it took us more than 3,500 words just to summarize her findings. This week's ruling by the Ninth Circuit Appeals Court was shorter—56 pages—and more theoretical.
The appeals court acknowledged that "from 2006 to 2016, Qualcomm possessed monopoly power in the CDMA modem chip market, including over 90% of market share." However, the court found that the Federal Trade Commission—which brought the lawsuit against Qualcomm—had failed to prove that Qualcomm had abused that power. The court reasoned that Qualcomm's licensing practices were simply designed to maximize the company's revenue—and that in itself isn't illegal.
"The plaintiff must show that diminished consumer choices and increased prices are the result of a less competitive market due to either artificial restraints or predatory and exclusionary conduct," the appeals court ruled.
Judge Koh thought the FTC had demonstrated predatory and exclusionary conduct. She described how Qualcomm threatened to abruptly cut off the modem chip supply of smartphone makers who challenged Qualcomm's high patent rates. She found Qualcomm structured deals with Apple, Samsung, LG, and other smartphone vendors to discourage them from doing business with other chipmakers. She cited internal documents in which Qualcomm executives acknowledged the anticompetitive impact of these policies.
But three judges from the Ninth Circuit Appeals Court ignored much of this evidence and waved the rest away.
"I would describe it as a victory of theory over facts," said Tim Wu, a legal scholar at Columbia University. Wu told Ars that the Ninth Circuit showed "an indifference to the actual effects" of Qualcomm's conduct.
(Score: -1, Spam) by Anonymous Coward on Tuesday August 18 2020, @05:34AM
Marissa Van Eck FAKENAME NIGGER CUNT Azuma Hazuki: So "that was NOT me posting" https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985641#commentwrap [soylentnews.org] which YES, you said when you LIBELED me publicly BEFORE it with YOU saying "So that's a "yes" to schizophrenia/schizoaffective disorder and a "no" to "am taking meds for said disorder" LIBELING ME then...?" per YOUR https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=982854#commentwrap [soylentnews.org] you stupid pitiful FAKENAME fuck online LIAR piece of fucking SHIT NIGGER?
OR
Was it when I GOT YOUR REAL NAME & found you are a satanist/anti-god HERE https://redeeminggod.com/sermons/luke/luke_7_36-50/#comment-269796 [soylentnews.org] also which most ALL you "LEFTIST" LOSER weirdos usually are (which YES, in THIS other exchange "Why do you assume that you finding discussion threads on other sites with me in them will scare me?" quoted from https://soylentnews.org/comments.pl?noupdate=1&sid=38720&page=1&cid=1028402#commentwrap [soylentnews.org] you DID admit FINALLY to saying it was you - ESPECIALLY AFTER dozens of doctors RECENTLY seconded me on Hydroxychloroquin + Zinc (& Vitamin D3 imo along w/ other things I noted that are anti-viral + antibacterial like RAW GARLIC too)).
Do me a favor - DENY ANY OF THOSE, please & I will continue PROVING YOU ARE A NIGGER SHITBAG LOSER, devil... as I already DID here https://soylentnews.org/comments.pl?noupdate=1&sid=38720&page=1&cid=1028211#commentwrap [soylentnews.org]
The TRUE BEAUTY of SATANIST FUCKS like YOU (antigod assholes)? TRUTH & FACT DESTROYS LIBELOUS DEVILS LIKE YOU - just like I did you & OTHER AHOLES who doubted what I wrote on what is NOW PROVEN TRUE by DOCTORS, admitted in mainstream media etc. (as I showed in those links' exchanges above easily) & especially LATELY by DOZENS of doctors (I have proof from pros - NOT LIBEL like you did to me PUBLICLY & I can still FRY YOU FOR IT FUCKER, live in fear fuck) MINUS any psych pros backing you.
SAY 1 THING, YOU STINKING LIBELOUS NIGGER FUCK & I will CONTINUE LEVELLING YOU PUBLICLY with facts - not libel as you tried on me, stupid "Marissa von DUMBO", lol - please, say 1 thing & the BEATING on you, PUBLICLY will continue in this thread where you will have a HELL of a TIME "downmod burying it" via downmod brigades doubtless ONLY yourself via multiple sockpuppet accounts etc. (downodding to HIDE it? FORGET IT vs. me - everyone sees you @ it now, lol - thanks, just as I SAID "your kind", demonic SWINE/antigod LOSERS, always do).
WHY SHOULD YOU FEAR LIBELING ME PROJECTING IT NOW, TRYING TO HIDE IT TOO?
TOUGH HIDING YOU LIED about LIBELING ME, especially via INHERENTLY DAMAGING STATEMENTS libeling me as you did see GOLDWATER RULE below too fuckface CUNT you are (wikipedia proof https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985366#commentwrap [soylentnews.org] & you said "No jury or judge would back it" here https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985353#commentwrap? [soylentnews.org] Ok - like I said earlier here which you TRIED TO DOWNMOD HIDE as I knew you HAVE to (everyone sees it anyhow) - TRY ME FUCKER - say 1 thing you COWARDLY STUPID LITTLE FUCK & we'll SEE what happens to you, fuckface CUNT you are).
As I said "DO YOU WANT TO BE SUED" for breaking the GOLDWATER RULE? See here again https://soylentnews.org/comments.pl?noupdate=1&sid=37033&page=1&cid=985329#commentwrap [soylentnews.org] for YOUR (& everyone else's) reference of YOUR LIBEL of myself
APK
P.S.=> Oh, I am going to have a FIELDDAY on YOUR ASS fucker - catching you not ONLY IN LIES above, but also in the fact you are a GODLESS fucking LOSER - come on, say something, question the above where you LIED fucker ("it was not me saying it" but it WAS in those links calling me a nutcase essentially when YOU SAID YOU DID NOT (because it IS grounds for SUING THE LIFE OUT OF YOUR WORTHLESS ASS because your statements are NOT BACKED BY actual psychiatric pros in professional psychiatric grounds LIBELING ME)) - oh, you are NEVER going to LIVE THIS DOWN & believe you me - I am going to MAKE SURE you don't - live with your HUMILIATION loser... apk