#No obligations frand.

[thorraborinn]

Hi there! I was wondering, would you know where I could find anything on like, social taboos involving marriage? I wanted to know if there's anything in the sagas or maybe in archaeology/anthropology that touches on forbidden unions. I know the goddess Lofn is cited as one who grants permission to such people to be together, but I wanted to know if we have anything on what these forbidden unions could look like? Off the top of my head, I imagine feuding families to be a good start, but I can't find much else on the subject. Thank you!

Marriages in Old Norse society were arranged by families (usually between the prospective husband and the father or other male relative of the prospective bride), and more for political and economic reasons than for personal ones. Some people were married specifically because their families were feuding, to bring the feud to an end (often the people involved wanted out but failure to retaliate could have consequences; uniting the families could end the feud in a way that saved face. In Old English a woman who is married into an enemy family for this reason is called freoðu-webbe, 'frith weaver'). Frands Herschend went as far as proposing to see women in Iron Age Scandinavia generally as hostages (in the sense that Freyr and Njörðr are hostages in Ynglinga saga). If the sagas are relatively accurate there does seem to have been an understanding that the family should be arranging things such that the woman is happy with the result, but they weren't legally obligated to.

In this kind of situation, a marriage that's forbidden would be basically any that either side of the family, especially the woman's closest male relatives, opposes. The reasons were probably diverse and personal, and not generally based on widespread taboos. Most of it probably had to do with money and social hierarchy.

Feuding certainly played a role here, or rather we should say relations based in reciprocity, whether positive or negative, did. As I said, marriages were sometimes arranged specifically to bring hostile families into a single family and end the conflict, but if one side thought they had the upper hand and stood to gain by continuing the hostilities then they would surely not permit such a marriage. Marriages might also be arranged out of obligation to more powerful people.

In fact, it might be possible to frame any actual social or legal prohibitions on marriage that did exist as protections for the woman from being married off to someone she didn't want, rather than restrictions on her freedom, because she hardly had any. We can surely consider divorce in a similar way, which was permitted in certain circumstances.

The main restriction that we do have evidence for is marrying someone who is too close a relation. There were probably situations where the financially or politically advantageous thing to do is to get two close cousins married to each other and it may have actually happened, but it's illegal in the laws we have a record of. This may have been less regulated in heathen times.

Of course, there could have been culturally-assumed restrictions that weren't formally prohibited in the law. There's speculation that, while a Nordic man marrying a non-Norse woman was not uncommon, happening the other way around was not generally permitted. This is supposedly reflected in the mythology, where the male gods marry jötunn women but the goddesses do not marry jötunn men. However, there is archaeological evidence from the Vendel period that contradicts this (the book I'm getting this from is over 20 years old, so by now there could be contradictory evidence from the Viking age too, but I'm not sure), so if there was ever such an ethnic taboo it must have either not been universal, or developed later. I'll also remind that there is a contradiction in the mythology as well; Gefjun isn't described as marrying a jötunn but she does have kids with one, which scholars do typically count as a violation of an ethnic taboo, sometimes as grounds to reject the myth itself as "impossible" (Lindow's description).

A lot of this may have varied by class. We mostly know about the land-owning class. It's hard to say whether poorer people would have even less freedom over whom they married because of their dependence on land-owners, or if they had more freedom because there was less social and financial stake in it. It seems likely that their marriages weren't as regulated, but their ability to actually move from place to place was the major limiting factor.

I'm not aware of any sources for it, but I have no trouble believing that illegal or otherwise unsanctioned marriage happened. The thing that kept people in line was inheritance. So if people were in a position where they could turn down their inheritance (whether because they had another source of resources or because their families were so poor their inheritance was negligible anyway), and could have a place to live, they could probably just do what they wanted.

So I think for the most part, if we were to picture Lofn's intercession as historical events, we might picture the site of those intercessions as kind of distant from the actual marriage, like opening opportunities to get by while forgoing one's inheritance, or unexpected changes elsewhere in the social network. Or a simpler example would be a woman successfully convincing her father, brother, or other male representative to let her do what she wanted.

This is a little out of step with Snorri's etymological explanation of Lofn's name as related to 'permission' but as I explained here I think the actual etymological meaning of her name was 'hope'.

Of course a lot of heathens read Lofn's description in the Edda as affirming of marriages that deviate from gender and sexual norms, which the text does in fact leave room for but probably isn't what Snorri had in mind. There's a lot of room for speculation about how this may have been relevant in pre-Christian times but it would be difficult to move it beyond speculation.

Unfortunately quite a lot of this is already pretty speculative, because of how much later our sources concerning marriage are than the time when Lofn may have actually been recognized. Frankly, the same applies to our sources for Lofn, and the time when she may have been recognized. If I'm right about the etymology of her name then I think it's at least a partial vindication of Snorri but that does not necessarily mean that his description of her is entirely reliable.

[ipconsultinggroup-1]

🎯 Strategic considerations for defending litigation over standard-essential patents

On October 10, 2024, Yi Yu, Frank DeCosta, and Jeff Berkowitz from Finnegan, Henderson, Farabow, Garrett & Dunner LLP discussed strategies for defending against litigation involving standard-essential patents (SEPs). They emphasized the importance of conducting a thorough investigation and developing a well-structured plan. As the use of multimedia standards expands across various applications in smartphones, computers, and automobiles, litigation over SEPs has been increasing.

A SEP implementer sued for infringement in U.S. courts, often by non-practicing SEP holders, must act swiftly and devise an effective defense strategy. By conducting a thorough investigation and developing a well-thought-out plan, the defendant can often find opportunities to strengthen their position and build a compelling case.

A standard-essential patent (SEP) protects an invention that is essential for implementing a specific technology standard. Standard-setting organizations (SSOs) typically require their members to license their SEPs on fair, reasonable, and non-discriminatory (FRAND) terms to ensure public access to the technology. However, some SEP owners did not participate in the standard-setting process and, therefore, are not bound by FRAND obligations.

Litigation over SEPs often arises when the SEP owner and the SEP implementer fail to agree on a licensing rate for the patents. Typically, the SEP owner initiates the litigation by claiming infringement, though in some cases, the implementer may file suit, accusing the owner of failing to comply with its FRAND obligations.

SEP litigation not only involves claims of infringement and patent invalidity but also encompasses other complex issues. These may include the SEP owner’s compliance with the standard-setting organization's requirement to declare the patent as essential, the obligation to offer a license under FRAND terms, and determining an appropriate FRAND rate for the SEPs.

One of the first issues a defendant must investigate is whether the asserted SEP is truly essential to the relevant standard or if it covers optional features that the accused products may not implement. Some standards, like the 5G cellular standards, include features that are not mandatory for compliance. If the plaintiff's allegations rely solely on the standard, and the asserted SEP pertains to optional features not present in the accused products, the defendant may be able to quickly dismiss the litigation by demonstrating that no patent infringement has occurred.

[urvashibansal]

Standard Essential Patents (SEPs) and Competition Law: An Ironical Dispute

The 21st century was hyped as the technological era and topped it with the lockdown period during Covid-19, which was, in reality, a technological boom in the century. This emerging field grows new features and responsibilities in the systems. I would quote those golden words “withgreatpowercomesgreatresponsibilities.” A variety of factors can determine this phenomenon, but interoperability of technology and the adoption of standardization have been major catalysts in this phenomenon. As a result, this convergence necessitates that a common standard is made available to all on equitable terms. However, many of these important standards' components are protected, i.e., are standard-essential patents (SEPs), meaning the patentee's exclusive right to use and exploit the SEP. At this point, a difficult yet fascinating legal battle between competition law and intellectual property rights (IPR) regimes begins.

A Standard Essential Patent (SEP) is a patent that claims a discovery used to meet a standard. These standards typically pertain to patent-protected technology. Standard Essential Patent refers to a patent that shields a technology that specifies measures by technologies in that sector. After long meetings and discussions over a particular standard, these standards are set by the standard-setting organizations (SSO). An example of a standard may include A4 Size, USB, LTE, etc. Standard is defined as ‘a set of technical specifications that seeks to provide a common design for a product or process.’ SEP holders are obligated to license their intellectual rights on Fair, Reasonable and Non-Discriminatory (FRAND) terms.

Competition law is a set of rules intended to promote and preserve market competition. These laws are primarily used worldwide, with active enforcement and advocacy activities. Over 100 nations now have competition law regimes and competition law enforcement bodies Telefonaktiebolaget L M Ericsson (Pub.), M/s Ericsson India Private Limited, where royalty payments linked to licensing of SEPs were evaluated. While the discussion over SEPs in India is still in its early stages, it has created various jurisprudential difficulties concerning the interaction between the Competition Act, 2002 (Competition Act) and the Patents Act, 1970. (Patents Act). For example, whether acts relating to SEPs can be investigated under the provisions of the Competition Act or whether the Competition Commission of India (CCI) has the judicial authority to investigate a SEP holder's alleged anti-competitive conduct, including the fairness of the FRAND terms.

To date, the CCI has opened investigations in three cases [4], involving, among other things, Telefonaktiebolaget LM Ericsson's (Ericsson's) alleged violation of FRAND license requirements for the use of its eight SEPs [5] integrated into the 2G and 3G wireless cellular standards. However, all instances involving SEPs must be considered in the context of Section 4 (Abuse of Dominance) in respect of their anti-competitive implications, rather than Section 3(4), which deals with agreements, and Section 3(5), which concerns with agreements protected by IPRs. As a starting point for antitrust investigation, this preference for Section 4 presents various problems.

Micromax Informatics Ltd vs. LM Ericsson Telefonaktiebolaget,

Micromax Informatics Ltd v Telefonaktiebolaget LM Ericsson, Micromax Informatics Limited complained to the CCI, claiming that Ericsson exploited its market dominance by charging expensive royalties for its use SEPs, in violation of the Competition Act 2002.

Micromax additionally claimed that using the downstream device's sales price as the royalty base violates SEPs that would eventually harm consumers. Finally, Micromax claimed that Ericsson demanded high royalties since there was no alternative technology. However, Ericsson is the exclusive license for SEPs that must be applied in 2G and 3G Wireless Telecommunication Standards.

CCI claimed in its interim order that Ericsson was the biggest producer of SEPs for communications technology and held a dominating place in the industry for devices that applied standards such as 2G, 3G, and so on in the marketplace. CCI believes that FRAND licenses are primarily meant to prevent the patent hold-up and that patent hold-up weakens the competitive process of selecting among technologies, endangering the credibility of Standard-Setting activities. CCI further claimed that Ericsson's royalty rates were exorbitant and discriminatory because they were calculated as a percent of net sales of downstream products rather than the price of the GSM or CDMA chip.

The CCI ruled that the proposed royalties had no connection to the patented invention, making them discriminatory and violating FRAND requirements. In W.P No. (C) 464/2014, Ericsson contested the CCI's order in the High Court of Delhi. In an order dated January 21, 2014, the Court barred the Competition Commission of India or its Board member from issuing any Final Order in the matter.

The Delhi High Court (Delhi HC) observed in its order on a jurisdictional challenge to CCI's investigation by Ericsson that, while the Patents Act was a special law in terms of patents and would overturn the Competition Act in case of lack of consistency, the laws and regulations could function cohesively given that the solutions offered by the adjacent elements were not interdependently exclusive. Moreover, both ordinances contemplated the ability to exercise control by diversion.

Given the present undercurrent of the invention boom, both globally and in India, and the concomitant increase in patent applications, the CCI is anticipated to face more difficult issues deriving from the usage and licensing of SEPs in the coming years. While the Delhi High Court's decision is significant in resolving the CCI's authority over antitrust issues of SEPs, the CCI's final decision remains to be seen in these instances. However, the CCI would have to tread carefully on this route, making appropriate referrals to the patent institutions pertaining to matters that it is not competent to address, and will also have to avoid acting as a pricing regulator in its findings for unfair royalty fees.

Finally, it will be fascinating to observe if the CCI and patent officials will have a unified posture or if there will be a Catch-22 situation in which the CCI considers obtaining an order by a patentee to be an unfair act. In contrast, the patent authorities judge the licensee to be uncooperative.

~URVASHI BANSAL

[cassandra-pentughasst]

WIP whenever Tagged by @coldshrugs, thanks frand. Gonna tag @illusivesoul, @natsora, @ziskandra aaaand @allisondraste no obligations. (also @magxy and @ellenembee because they are both Ava nonsense enablers) Hope people like Wayhaven and Farah reflecting on the relationship between Ellana and Ava and being exasperated by Ava's hesitance to just admit she has feelings already D:

Nat fidgets beside her with a sigh, long legs folded up in a way that makes Farah uncomfortable just to look at. “You alright?” Farah asks quietly, the ghost of a teasing smile on her lips. The backseat wasn’t Nat’s usual place.

No one had argued when Ava, expression pinched and tight - moving with a stiffness that was the only hint of still mending bone and bruises - all but carried Ellana and put her in the front passenger seat. They’d all shared knowing looks but agreed to let the matter slide. Ava was protective of those she was close to. To those she considered family. But this was something else. This was beyond the promise they had all made to Agent Greene all those months ago to keep her only daughter safe.

The brief look of terror she had seen on her face when the creature turned its sole focus on Ellana spoke volumes about Ava’s feelings for her. It was the look of a woman in love that realised too late that the later that she had been holding out for had finally come. That the woman she loved was about to be taken from her and there was nothing she could do.

That she shouldn’t have waited. She should have just said something by now because she needed Ellana to know. And just as quickly as that look had passed across her face it was gone. Hidden by her usual indifferent expression.

[firelord-frowny]

i haaaAAATE surprises so much, tbh. I mean, I’ll Get Over It when they happen bc I know people are gonna do that kind of stuff every now and then, and I always try to appreciate the gesture, but i really really really need people to ask me if i want stuff instead of surprising me. 

Or at least, to not present the ~surprise~ in such a way that makes me feel obligated to pretend to like it. Like, if somebody just sees an expensive item they think I might like, and so they go ahead and get it for me, instead of bringing it to me like “hey i have a surpriiiise for you!” i’d rather them say something like “hey, i found this thing and it seemed like something you might be into, so i went ahead and bought it, but if you’re not feeling it, no prob, i can take it back tomorrow” or whatever. 

but yeah like. to me, someone trying to ~surprise~ me is a huge indicator that they don’t know me very well omfg.

Actually, now that I think of it, I think the reason why I hate surprises is precisely because of the fact that most people do not know me nearly well enough to give me something I’d love without them asking first. you have to be REAL FUCKIN SPECIFIC to get me a good gift lmfao and so far the only person off the top of my head who’s ever intiutively and successfully given me stuff that was perfect is my brother, who got me a mug with a star map on it, a mug shaped like an alien, a book about national parks, a pillow with a bigass spider embroidered on it, a mug with a ceramic statue of a raven inside it, and aNOTHER mug that says “i get it from my mamma” (i didn’t used to be a Mug Person but i guess i am now???) 

even my bestest frand knows to ask me before getting me stuff lmfao. on my last pre-plague birthday, she actually called me like 5 months in advance and she was like, “i was just about to buy your birthday present, but i remembered you don’t like surprises, but i’m pretty sure it’s something you’ll like, but i figured i should ask if you want me to ask. Do you want me to ask?” 

and i was like! “well shit, now i DEFINITELY want you to ask!” 

And she’s like, “Do you want to see a hugh jackman concert in July?” 

AND I WAS LIKE YES I WANT TO SEE A HUGH JACKMAN CONCERT IN JULY!!!! 

and then she took me to see a hugh jackman concert in july!!!

[hoidn]

heads up, tumblr frands, i am tentatively calling the commencement of another drafts purge. (at least it only goes back six months this time, not two years, right? and six months ago from me is like a week ago from anybody else. i am practically being punctual here.) 

i’ll stick to my current once-per-day posting from the queue and maybe reblog one or two more posts a day with my own two hands. this probably doesn’t require a warning like the 15-posts-per-day purges but you know i always feel like i’m annoying people and therefore am obligated to give everyone a chance to flee in advance. run! run like the wind!

(feel? flee!) (idk)

[prairiemule]

Quarantine tag game

I was Tagged by @foundynnel (much obliged!)

Are you staying home from work/school? Yes, working from home for now.

If you are staying home, who is with you? My mother. That’s it.

Are you a homebody? Shore am! Still miss going into work, though.

An event you were looking forward to that got cancelled? Umm.... the state fair I guess. I already didn’t get out much lmao.

What movies have you watched recently? Last movie I watched was the Cowboy Bebop movie. Which was a couple weeks ago now.

What shows are you watching? Currently watching The Great British Bake Show with my mom. 

What music are you listening to? Was going ham listening to the Cowboy Bebop soundtrack cause I watched the movie. But I’ve been listening to a lot of Islands, Mr. Heavenly, and Jimi Hendrix at the moment.

What are you reading? Not much beyond the usual fanfics. Started listening to Roger Clark’s audio book recently though, which is “Way of the Lawless” by Max Brand. I’ve been trying to do some writing myself and the other day posted the first chapter to a new story on Ao3

What are you doing for self care? Trying to take my dogs on walks occasionally. Playing games with frands. But also just laying around and trying to stay chill with my own thoughts.

I’m really late to this, so I’m sure most people have done it by now, but I’ll tag @squidproquoclarice @johnnysilverham @vaniri @gentle-outlaw @no-pinkertons-allowed @dorathedestroyer64 @tex-studmister and @jarbaje

Again, apologies if you’ve already done this!

[heckamech]

THE ORIGIN STORY THAT ONE (1) GUY ASKED FOR: A MESSY (!!!) COMPILATION OF JANITOR BUDDY NOTES

(here you go, @doomfisthero - and all the other Frands!)

Janitor Buddy was originally intended as a silly audience surrogate character, and they still are, but they grew a big lot, like a very orderly weed!

Backstory:

Jan Frand’s a forged Cybertronian - not quite as old as Rung but older than Rodimus and Megatron. It has been pointed out that they show signs of having a Point One Percenter spark, but true to their oblivious nature, Janitor Buddy remains unaware of it themselves. You can hear Ratchet sighing in the background with every medical exam.

Janitor Buddy’s canon name is Cleansweep! It’s clever and packs a punch: a “clean sweep” is an overwhelming victory and his verbal skills helped quite a few political players on the scene.

Originally, before the war, they were a linguist/translator working in high-up, politically-steeped environments to translate diplomatic proceedings between Cybertronians and other species alike. That’s why now, Cleansweep/Janitor Buddy has a lot of languages tucked up in their head, and there’s like a 60% chance that they can hold a basic conversation with Vos. It also helps explain why they’re so orderly, and why Mags took such a shine to them.

When the war broke out, the political scene ended up being fractured pretty badly. All the corruption and shady goings-on were not great for Cleansweep. Eventually, when the diplomatic climate became heated enough, they eventually caved, left their job as translator, and joined the Autobots - they were less sketchy as a faction, overall. The Decepticons’ M.O. was really heavy-handed. Not bueno.

Actually, one of the first Autobots they met was the original Ultra Magnus, which really gave the faction a good first impression in their eyes. Optics. You know.

Since they weren’t a fighter, really, they weren’t sent out onto the front lines. Actually, the Autobots used Cleansweep’s linguistic abilities and poise to their advantage, and sent them undercover as a Decepticon janitor. (The enemy was orderly, too. And the linguist-turned-cleaning bot really did play to the Cons’ anti-Functionalist ideals! What could go wrong!)

This is when Cleansweep learned that, o dang cleaning was actually pretty amazing, 11/10  

I mean what were they doing translating when they could have been bringing order to the world??

Cleansweep spent quite a while in the janitor position, gleaning useful intel and sending it back to the Autobots. They were a Really Useful Engine!

Once they returned from their spy-biz, they realized that there was another issue - even with Magnus as a figurehead influencing the structure of the Autobot forces, the little things that impacted morale the most were not being cared for properly - like helping maintain schedules, organizing finer tactics and strategies, cleaning the barracks, taking down a Con or two here and there...

They’re a former member of the Wreckers! They couldn’t cover the entire Autobot army, after all - but one look at the berserker mess that was the Wreckers, and Cleansweep knew that this was where they were needed the most; Ultra Magnus agreed. (Y’know, that old saying, Wreckers don't call for backup. They call for cleanup? Jan was the one they called, and they were GOOD at their job. They kept everything in order and operating to the Wreckers’ advantage - barracks, ordnance, even the battlegrounds themselves when things got too obstacle-heavy. Thus, Cleansweep found a higher purpose, and the legendary Janitor Buddy was born.)

After the war, Janitor Friend found themselves at a crossroads: stay on Cybertron or join Rodimus on his quest?

In the end, though, figuring that they’d have a bigger impact on the Lost Light, Janitor Buddy agreed to be the ship’s orderly cryptid. And so they are the lovable clean-bot we know today!

Miscellaneous Stuff (Under the Cut)

They have MANY ROOMBA-LIKE DEVICES that help with keeping things generally clean. Like, seven of them, to be exact, built with the help of Brainstorm. They have their own cameras and such that send feedback back to Jan, so if it ever seems like they have a sixth sense for knowing when someone’s making a mess...well, they do, but also the space roombas help! (Red Alert is aware of this and also receives Roomba feedback.)

Janitor Buddy has a lot of modified cleaning supplies, but their most used and most treasured one ever is their trusty mop. His name is Moptimus Grime (said with a little nerd chuckle after), and he has been with Jan Fran since their first mission. Moptimus has been the Number One Cleaning Man for ages, and has even saved Janitor Frand’s life in battle a couple times!

Janitor Frand. Hates leaves. Do you know what happens when you step on a leaf? It makes more, smaller leaves. Microscopic leaves that you cannot even see but Janitor knows they’re there.

They Know All the Rules in the Autobot Rulebook! They actually asked Magnus to record a reading of the book for them to listen to while they cleaned, and the big guy was very happy to oblige! Janitor Buddy is good and brushed up on Autobot Protocols at this point, and can ace any pop quiz you give them.

They’re awful with names, but good with faces and past messes. It takes a really special bot to get Cleansweep to remember their name. (Looking at Whirl here.)

oh yeah also theyre on the DJD’s list for their wartime spy shenanigans actually ok bye

[jin-guang-ow]

(sv anon) im obliged to tell u that ur moshang content is 💯💯💯 pls never stop

Thank frand uwu

I can’t stop. I won’t stop. I’ll never stop… until my creativity runs out hahahahahahahahahahahahahahahahahaha

[kagetsukai]

(Re: trope meme) -slams fists on table- THERE WAS ONLY ONE BED. Also mutual pining. Sloooooow burns.

You know, considering I’ve never written bed-sharing before, I feel almost obligated to write it now. Thanks frand!

[gerbits-vault]

Hey grill frand, I just wanted to tell you that I'm in love with all of your pets for adoption. I wish I could download them all but I don't have origin sadly. Have a good day! 😘

gah thank you SO much!! I’ll be adding tray files to all of ‘em eventually...I just tend to forget

(with that being said if you or anyone else has a specific pet they would like tray files of, feel free to ask me & I’ll be more than happy to oblige!)

[cassandra-pentughasst]

WIP Whenever

Time isn’t real. Tagged by the wonderful @natsora, thanks frand :)

Tagging @lostinfantasies38, @ravenqueen89, @schoute​, @pip-n-flinx​, @ginnyq​, @gingerbreton​ no obligations. 

If she was in Kara’s place she doesn’t know if she could do the same. Not after the things she’s done to her. She doesn’t deserve Kara’s forgiveness, and Kara had made it abundantly clear how she felt. And Lena can’t say that she blames her. She wouldn’t trust anyone that used Kryptonite against her either, especially because she knew first hand the effect that it had on Super - on Kara. Even clouded by anger there was a sharp stab of something - guilt she thinks - that lanced right through her heart. The anger and betrayal in Kara’s gaze as she left her there, trapped and alone in the Fortress of Solitude has her waking in a cold sweat some nights. The twisting of the green glow that was poisoning her was sickly and horrifying and got worse the longer the dreams went on. The pain in Kara’s gaze was what really got to her. The physical pain was obvious. But the emotional? The fear that she saw in her eyes? That was something that she would spend years trying to atone for if Kara let her. Kind, big-hearted Kara who was normally so warm and generous. That Kara felt like a completely different woman to the Kara that she was faced with now. The Kara that felt more like the Zor El she hardly knew and less like the Danvers that she thought she knew so well. Hopefully she hadn’t lost either. Not completely at least.

[rionsanura]

Some frands made one of my Fake Renaissance Songs (that also vaguely fits the description of a Hymn to the Goddess that Tamora Pierce once mentioned) sound pretty good. I thank them immensely.

Text below.

A stag was walking in the greenwood His head held high and proud The leaves whispered his secret name, the saplings swayed and bowed But soon he heard from every bird Another name aloud.

His ears turned outward to the greenwood To hear that lovely sound This other name rang in his heart like baying of a hound All sides alike his heart to strike And echoing around.

His path turned leeward in the greenwood A sight he saw just there A lovely maiden on the turn, a flower in her hair. Her eyes were keen to things unseen Her feet were brown and bare.

A name still echoed in the greenwood From leaves and birds astir He was compelled to bow his head and to this name defer. The maiden drew near and he knew This name belonged to her.

She looked at him there in the greenwood Her eyes a door to earth He knew her then and saw his life, his line from death to birth How it would knit with all near it And understood his worth.

And to this day upon the greenwood Lie stories of her name From leaf and bough and bird and deer the whisper is the same. And all can see there in the lee The green steps where she came.

[kashishipr]

Interpreting the Term ‘SEP’

In the words of the World Trade Organization (WTO), Standard Essential Patents (SEPs) are defined as:

“Document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which, compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements as they apply to a product, process, or production method.”

In concise terms, SEPs or Standard Essential Patents are those patents that are essential to implement a specific standard for a particular industry. These are the technical requirements, which seek to provide a common and uniform platform or a baseline for a product or process. SEPs may be categorized as ‘de facto’ or ‘de jure’ standards. Patents, which are essential to a standard, are adopted by a Standard Setting Organization (SSO), which may be a governmental, non-governmental, or even a private body. Such formal adaptation of a standard is de jure. SEPs are different from patents that are not essential to a standard (non-SEPs), such as design patents, because, generally, companies can invent alternative solutions that do not infringe a non-SEP. For example, the ‘double-tap to lock the screen’ technology is covered by a non-SEP as there are different technologies to perform the said function. Those SEPs, which come to be practiced widely by many players in the same industry, connote to ‘de facto’ standards.

Advantages of Standardization

It leads to a reduction in the cost of production since the setting of standards reduces the cost of individual R&D units within different organizations aiming to build on the same kind of product. Therefore, the cost of production and maintenance narrows down.

By sticking to minimum standards imposed by the SEP, a minimum required level of quality is assured.

The above point, in turn, increases the reliability and authenticity of a product that the consumer invests in since the quality is uncompromised.

Since a baseline framework is provided to all, the chances of better and evolved innovation are increased since nobody has to start from scratch. All competitors in the market are given equal opportunities to derive a new invention from a SEP.

Widely-Known Examples of SEPs

Federal-Mogul produces pistons (shown below) for several different automobile manufacturers like BMW, Maruti, etc., which are produced at standard sizes with slight variations depending on what their exact use will be.

All television sets have standards they follow like the screen resolution and the kind of ports/slots like HDMI port, USB port, audio extensions, and internet accessibility devices.

As per the European Commission, more than 23,000 patents have been designated as being essential to GSM and 3G standards.

The Intrinsic Conflict of Balancing Private Rights against Public Access

The key issue with SEP is its inherent conflict with the IP regime since the patent thrives on the idea of excluding the competitors from exploiting the patented technology. License seekers often accuse SEP-holders of charging exorbitant royalty fees regardless of the actual strength of the patent portfolio standardized and also administering litigation threats on innocent users. On the contrary, SEP-holders allege that users disregard the good faith in negotiating licenses and flout the terms of licenses out in the open.

In Europe, SEPs are regulated by SSO like European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), or through consortia’s. Certain rules and frameworks are operating within the EU concerning SEP, which seek to provide an irrevocable commitment from SEP-holders in writing to offer to license their essential IPRs to all third parties on fair, reasonable, and non-discriminatory terms (‘FRAND’ commitment), which should be given before the adoption of the standard. The court is also vigilant enough, as could be observed in the case of Apple Inc. vs. Motorola, Inc. since the SEP was not enforced overseeing the right of the junior right holder. These intricacies highlight the importance of even the meager baselines and the involvement of the Commission in seeking solutions to the roots to facilitate the development of SEPs.

Similarly, in the US, the patentee is bound by its commitment to the SSO’s licensing policy through its submission of a letter of assurance abiding by the obligation to license the SEP under FRAND terms to any party. Furthermore, a calculative step is involved in assessing the rates of royalties. For example, according to the Federal Circuit, the necessary apportionment ought to be performed, which firstly includes the patented feature to be ‘apportioned’ from all of the unpatented features reflected in the standard and secondly, the patentee’s royalty to be premised on the value of the patented feature, not any value added by the standard’s adoption of the patented technology.

These steps are necessary to ensure that the royalty award is based on the ‘incremental value’ that the patented invention adds to the product, not any value added by the standardization of that technology. Also, Section 5 of the Federal Trade Commission Act of the United States enforces the prevention of the use of “unfair methods of competition in or affecting commerce.” It made recommendations to courts to deploy the ‘hypothetical negotiation framework’ for analyzing royalty rates for patents subject to FRAND.

India’s Standpoint on the Issue

However, in India, the SEP jurisprudence is still in the blooming stage, as witnessed after the tiff between the Competition Commission of India (CCI) and the High Court. SEP falls under the scrutiny of Section 4 of the Competition Act, 2002 that speaks of abuse of dominant position for which the CCI has set a very high threshold. SEP holders often enter into NDAs to prevent the competitors from discovering license rates, which CCI observes to be creating a hindrance in having a fair-trade environment. The CCI and the Indian courts have differed on the method to calculate FRAND royalty rates. CCI’s approach uses the Smallest Saleable Patent Practicing Component (SSPPC) while the courts accept Ericsson’s use of the ‘net price of the Downstream Product.’ As a result, the different approaches of CCI and the courts over FRAND royalties have led to differing outcomes in SEP disputes.

The Probable Solution and Concluding Remarks

As observed above, stalking of royalty is an issue due to which it becomes crucial to determine the measures to be adopted to ensure fair pricing. Therefore, firstly, as also stated by the CCI, Non-Disclosure Agreements should be treated as a prima facie case of abuse of dominant market position as they act as a barrier to free trade, which in today’s global economy, is unacceptable for both the consumers and opponents in the industry. It may be used to hide the licensing cost and royalties that may be levied from one hindering in the determination of the actual fair price or minimum price. Secondly, if not, the maximum and minimum rates of royalties should be disclosed before entering into license agreements.

In the light of the prevalent Indian economic scenario where the government is undertaking ambitious projects like ‘Make in India’ and ‘Digital India,’ it is imperative to stabilize the judicial trends and create a baseline for executable guidelines for hatching confidence and certainty in the minds of those looking to invest in India. Furthermore, it is suggested that the judicial pillar of the nation should refrain from relying on Chinese decisions corresponding to issues about SEPs since they take a protectionist stance inclined towards the proprietor of such technology, which goes against the principles of non-discrimination and FRAND, widely advocated for in international trade affairs. ✅  For more visit:  https://www.kashishipr.com/

[iinfxnite-blog]

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Patrick had told him that they were going to ‘paint the town red’ all weekend, && as much as Charlie loved the idea, he wasn’t sure his anxiety could take that much carousing. However, not wanting to be a total disappointment – or as Sam would put it, a wet blanket, he went with high hopes that he wouldn’t have a total meltdown. 

Things were getting bad again,and as much as he assured himself he was going to be okay, doubt pervaded his mind. He wished his Aunt Helen were alive. He could always talk to her, because she would understand. 

Charlie’s heart had sunk low somewhere in his belly when he received a text that his chums decided to ditch their plans last minute – leaving him to stand alone in the back of the club like he hadn’t had a single friend in the world. While he understood everyone had lives of their own; were constantly busy, this was happening a lot lately, and he felt lonely. 

The muscle in his mouth shifted over his bottom lip, he couldn’t decide if the music was too loud or not, because he couldn’t concentrate on his thoughts – that was always frustrating. Without thinking; In a fit of anger he threw his glass against the nearby wall – shattering it. The contents splattering all over && on the one person sitting just nearby. 

“Oh – I-I-I’m sorry.” He said, “I didn’t mean to.”  

[prettysherlocksoldier]

"Please, come with me" Johnlock style 💜💜💜

My dear friend @mssmithlove1 is sick today, so I took some extra special care with this one. Get well soon, frand!!💜💜

——————————————————————-

“Hold still.”

“But people are going in!”

“And you can too if you hold still!” Molly tugged at the completed knot of his tie, tightening it into his throat. “Oops,” she deadpanned, loosening it with a smile as he coughed. “There.” She centered the striped navy tie between his slate grey lapels, plucking a piece of lint from his white dress shirt. “I wouldn’t be embarrassed of you at all.”

“Cheers,” he grumbled, fishing his buzzing mobile out of his dark jeans, a casual counterpoint he hoped would make him look less desperate.

It was a text from Sherlock, three words that made his blood run cold even without understanding them

‘I’m so sorry!’

“What is it?” Molly asked, concerned at what he was sure was a rapidly paling complexion. “Has something happened?” She didn’t wait for an answer, stepping forward and bending her head to read the message on his screen. “An exclamation point? From Sherlock?” Her head gave a slow shake. “That can’t be good.”

“John Watson?”

John’s brown loafers squeaked in a spin on the tile, plastic wrap crinkling as he clutched the half dozen roses to his chest like a gentlewoman’s pearls.

The man standing there was unfamiliar, short and stocky, his hands wringing in front of him as a nervous smile puffed his portly features. “I’m Mr. Brogan. I’m part of the executive committee for the arts here at Imperial.”

John blinked, unsure why he was supposed to care, but proper manners compelled him to extend a hand. “John. But you knew that,” he muttered, bobbing the man’s hand in the air. “Pleasure to meet you.”

“Likewise,” Mr. Brogan replied. “I’m sorry to interrupt”—he waved a hand at Molly—“but Mrs. Holmes wanted to be sure you didn’t lose your seat.”

John’s mouth fell open, uncertain where to even start with that mindfuck of a sentence. “Mrs. …Holmes?”

Mr. Brogan nodded brightly, oblivious to John’s internal monologue of terrified screaming. “They’re up front. Please”—he turned toward the door, waving an arm in beckoning—“come with me.”

John stared, eyes shifting between his jovial smile and the door up ahead, heart drumming a death march in his ears.

Molly’s hands clamped down around his free one, giving a comforting squeeze as he turned. “I’ll catch up with you after,” she assured, and then pulled away, heading toward the door and abandoning him in his hour of need.

He swallowed, looking back to Mr. Brogan’s expectant expression. “Okay,” he squeaked, battling to keep his breathing even as Mr. Brogan guided him into the auditorium.

His hand twitched at his side, and he shoved it in his pocket, the opposite fingers tightening around the small bouquet, ridged remnants of thorns digging into his sweaty palms. He scanned the front few rows as they approached, but the lights on the stage turned everyone into silhouettes, making it impossible to prepare himself until Mr. Brogan stopped in front of a woman in the exact center of the front row.

She looked…normal, a simple floral dress flowing down from a black jacket, her hands folded over a red clutch in her lap. Her hair was on the whiter end of grey, pulled back with a large silver clip to leave her fringe wisping over her forehead, her soft features seeming every bit the opposite of Sherlock’s sharp lines and shadows, but then she lifted her chin, the piercing blue gaze that settled on him all too familiar.

“There you are! Thank you, Clark,” she said as she rose, the man accepting his dismissal with a nod. “So sorry to spring this on you, dear, but I simply couldn’t go another minute without meeting you. Sherlock’s been so secretive.”

John chuckled, shaking his head. “No problem at all, Mrs. Holmes. I’ve been looking forward to meeting you too.” He took a subtle deep breath and extended a hand. “I’m John. John Watson.”

“Oh, none of that,” Mrs. Holmes fussed, swatting his arm aside and pulling him into a hug, John’s arms barely recovering from shock enough to lift around her back before she was fluttering away again. “And call me Violet, please. Mrs. Holmes was my mother-in-law.” She flashed a conspiratorial grimace, and then stepped back, gesturing to the man who had risen behind her. “This is my husband, Siger.”

The man was tall and slim, more similar to Sherlock’s frame than his mother’s, but had warm brown eyes and a face wrinkled from years of laughter. He was wearing dark trousers and a loose burgundy cardigan, his simple checked shirt fastened with a grey bowtie at the collar, more the picture of a history professor than the austere authoritarian John had imagined.

“Mr. Holmes,” he said, inclining his chin, the man reaching forward to envelop his hand in a warm grip. “It’s good to meet you.”

“You as well, John, you as well,” he replied, rattling John’s hand with more strength than one would give him credit for. “Sherlock’s told us so much about you. You know, I was captain of my university rugby team too.”

“Really?” John asked, relieved to have such easy common ground, but Mrs. Holmes cut in before Siger’s opening mouth could continue.

“Now, now, dear, there’ll be plenty of time to bore him with your glory days later.”

Mr. Holmes smiled, dipping John a nod and retaking his seat as Violet looped her arm through John’s free one, guiding him to the last in their party.

“And you’ve met Mike, of course.”

“Mycroft, mother; you wrote it on the birth certificate and everything.”

“Actually, that was your father,” she explained, tipping her head at the man. “I was high as a kite!”

“Mother,” Mycroft snapped, standing up and tugging at his already impeccable suit jacket. “Jonathan,” he greeted with a nod, and John sighed, rolling his eyes before he could stop himself.

“It really is just John,” he muttered, though it hadn’t done any good the first two times he’d been forced to endure Mycroft’s company. “On my birth certificate and everything.”

Mycroft’s eyes narrowed. “I know,” he said, a note of menace to it, and John frowned, tipping his head and scanning between the man’s eyes.

“How would you-”

“Don’t let Mike scare you, dear,” Violet interjected, patting him on the arm. “He’s always running his little background checks. Should’ve seen his face when he found out I’d been arrested for protesting.” She rolled her eyes, gaze landing on the flowers at John’s side. “Oh, what an unusual rose!” she chirped, opening a hand in question, and John obliged, passing her the bouquet. “I used to have a bush like this, I think. I grow them, you see. Roses.” She flicked up a smile, gently brushing her fingers over the striped scarlet and cream petals. “Don’t suppose you remember the name.”

“Abracadabra,” John supplied, taking the blooms back, the name and general oddity of their appearance the only reason he hadn’t felt ridiculous getting flowers at all.

She snapped her fingers. “That’s what it was! And such a thoughtful gesture! Don’t you think, dear?”

“Yes, quite,” Mr. Holmes answered, smiling up at them, and John found himself embarrassed for the first time in their company, grateful as the lights in the auditorium flashed, urging them to their seats.

“Ooo, it’s starting!” She bounced against his arm, shuffling them back to their chairs. “He’s been doing these shows since he could walk and I still get so excited.”

John chuckled, settling into the vacant spot beside her. “My sister did piano for a while,” he remarked, watching the stage as the last of the audience filed into place. “It was…less exciting.”

Violet laughed, snapping open her clutch and pulling out two caramels wrapped in crinkling dark plastic. “People tend to shush me if I open these in the middle,” she said, handing him one with a wink, and John smiled, hastily shoving the wrapper in his pocket and popping the candy into his mouth as Violet distributed her wares through the group.

Mycroft declined.

“So,” she said, the caramel a small bump in her cheek as she spoke, “have you ever seen any ballet before?”

“I-I’ve seen Sherlock practice a few times,” he admitted, wondering if he should, but he didn’t suppose Sherlock’s mother would guess at his more…intimate motivations for hanging about the studio after class, “but never a proper show.”

“Oh, well, even this isn’t a proper show,” she scoffed, waving a hand at the stage. “Sherlock is wonderful, of course—not that I need to tell you that—but you never get the full experience with these showcases.”

John nodded, sure that was true. “My sister went to see The Nutcracker last Christmas with her fiancée, Clara,” he said without thinking, though he supposed he would know by now if any of the Holmeses were harboring homophobic tendencies. “She didn’t like it, but Clara said it was amazing.”

“It is, it is,” Violet emphatically agreed, nodding so vigorously, she blurred. “The Nutcracker and Swan Lake are must-sees. I also quite liked Sleeping Beauty, but that might be the Disney princess in me.”

John shrugged. “I think there’s a little Disney princess in all of us.”

“Too right,” she replied, and then chuckled, curling a hand over his forearm with a small gasp as the lights dimmed. “Here we go!” she squealed, wriggling in her seat, and John smiled, settling back in his chair and lifting his arm to the armrest when it became clear Violet wasn’t intending to let go.

They chatted through the duller portions of the program—Violet supplying surprisingly riveting gossip about some of the dancers’ parents she knew from her various societies—and sat silent through others, a tissue appearing from her red purse when Sherlock’s group concluded, Violet dabbing her eyes and muttering something about being silly John assured her wasn’t true.

When the applause was over—obligatory and otherwise—they all filed out into the lobby, small groups gathering here and there as dancers slowly appeared from backstage to join their families. Molly found him a few minutes later, waving from a distance to get his attention before giving him a double thumbs-up and making her exit, her save-me services no longer required. They were halfway through breaking down what could possibly be going on in one of the abstract paintings on display when a very ruffled Sherlock appeared, struggling with his half-on jacket as he elbowed his way through the crowd.

“Mother!” he hissed, coming to rest at John’s shoulder. “You told me you’d wait until after!”

“I said no such thing,” Violet replied, lifting her chin in a stubborn gesture John was very familiar with, “and, besides, we had a wonderful time. I don’t know what you were so worried about. We’re not that embarrassing.”

Sherlock drew in a breath, pinching the bridge of his nose like his head might explode otherwise, and then blinked, brow creasing as he frowned at the flowers in John’s hand. “Are those for me?” he asked with all his usual grace, pointing down at them, and John laughed, shaking his head and lifting the roses to his chest.

“Might be,” he smirked, “but Mycroft’s been quite the charmer tonight as well. Don’t suppose you’d be up for splitting them?”

Mycroft huffed, Violet giggling while Mr. Holmes smiled in a well-accustomed way, Sherlock looking between them like he’d just seen a ghost throw up.

“What- What is happening?”

“We’re going to dinner,” Violet answered, stepping forward and looping her arm through John’s once more, Sherlock’s eyes fixing on the contact and threatening to leap from his head. “You don’t mind riding with your father, do you, dear? John said he’d take me in his car. It’s been an age since I rode in a convertible!” She giggled, Sherlock doing a perfect impression of a marble statue except for his owlish blinking.

“I- I guess no-”

“Excellent!” Violet exclaimed, tightening her grip and marching John toward the doors. “We’ll meet you there. I assume we’ll get there first,” she added to John, and he bowed a solemn nod.

“Of course,” he swore, turning over his shoulder to grin at Sherlock’s slack-jawed expression. He bounced the flower stems into the palm of his hand, testing the trajectory with a few short swings, and then launched the bouquet over his shoulder, the roses arcing in the air before landing petal-up in Sherlock’s waiting hands.

Sherlock seemed a little more like himself, looking up from the bouquet with a quizzical expression, a corner of his mouth lifting when John winked.

“You know, son,” John heard Mr. Holmes say before they faded from earshot, “I think that means you’re next.”