One of the very many impediments to getting less government in DC – is inertia.
The Deep State – is very, very real. And is filled to overflowing with bureaucrats who want to at the very least maintain the bloated status quo – when not growing government wherever and whenever they can.
So when a less government Donald Trump Administration enters DC, any arm of the Leviathan not actively targeted for reduction – will continue to grow and do harm.
So it is with this shambling zombie from the very awful days of the Barack Obama Administration.
“‘(Federal Trade Commission) FTC Charges Qualcomm With Monopolizing Key Semiconductor Device Used in Cell Phones’
“The above headline-link is from the United States Federal Trade Commission (FTC) website – on January 17, 2017. Get that date? That’s three days before the Obama Administration was sworn out – and the Trump Administration was sworn in.…
“The FTC is suing Qualcomm under anti-monopoly antitrust law – for holding patents.
“Wait a second. Patents are issued by the government – so as to protect the inventions of inventors. A search of the Constitution – nets a…direct hit:
“‘The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’
“Get that? That’s Article I, Section 8, Clause 8. Congress ‘promote(d) the Progress of Science’ – by creating the United States Patent and Trademark Office (USPTO). So that the government…could issue patents. Per the Constitution.
“Back to the Clause in question. In a phrase overflowing with very important words – the most important in this context is ‘exclusive.’ Let’s check in with Merriam Webster’s dictionary, shall we?:
“‘Exclusive: Limiting or limited to possession, control, or use by a single individual or group.’
“Why…that sounds like a patent is a Constitutionally-mandated, government-granted monopoly. But let’s check again with Merriam:
“‘Monopoly: Exclusive ownership through legal privilege, command of supply, or concerted action.’
“Look at that. The first word in Merriam’s second definition – is the first word we asked Merriam to define.
“So the government’s USPTO did its Constitutional duty – and issued ‘inventor’ Qualcomm an ‘exclusive Right’ to its ‘Discoveries.’
“And then the government’s FTC sued ‘inventor’ Qualcomm under anti-monopoly law – for having an ‘exclusive Right’ to its ‘Discoveries.’”
All of this is extraordinarily awful for Intellectual Property (IP) protection.
And please keep in mind: Apple signed a series of contracts – in which they agreed to pay Qualcomm for all of this. And now, to get out of these contracts they themselves signed, Apple is now suing Qualcomm – and having the FTC sue Qualcomm on its behalf.
The Obama Administration was looking to help Apple crush and crumble the very foundations of patents and their protection.
Oh wait – the Trump Administration IS looking to help Apple crush and crumble the very foundations of patents and their protection.
Because the Trump FTC – is continuing the Obama FTCs awfulness. Because inertia.
This shambling Obama zombie – just last week landed in court. In which some very obvious realities have already come to light.
“Another expert says the success or failure of rivals had to do with their foresight, investment and execution – not Qualcomm’s practices.”
Get all that? When Apple was looking for Fourth Generation (4G) chips for their iPhones – Qualcomm was the only company ready for prime time. And Qualcomm had patented their readiness.
So Apple signed all sorts of contracts – agreeing to pay Qualcomm for its patented 4G stuff.
And then in February 2017 – right after the Obama Administration filed its stupid lawsuit – Apple stopped paying Qualcomm for its patented stuff.
This really is a patently obvious (SWIDT?) mass theft case. Apple has been trafficking in tens of billions of dollars of stolen goods. Goods stolen from Qualcomm.
We know this – because there are contracts aplenty proving Apple should be paying Qualcomm for them.
Apple then pushed their heist to a whole new level.
“Apple wanted to ‘improve Intel chips’ – because Intel’s chips have been dramatically inferior to Qualcomm’s chips. Because Intel’s IP – has been dramatically inferior to Qualcomm’s IP.
“Which is why Apple has been using Qualcomm’s IP – for years. Because Qualcomm’s superior IP – made for superior chips.”
We know this – because Apple just admitted it in court.
But since Inferior Intel couldn’t create what Qualcomm creates, Apple stole it all from Qualcomm – and had Inferior Intel replicate it.
All of this is even more patently obvious theft.
Most unfortunately, as we know, patently obvious things oft don’t do well in court. Here’s hoping….
And now anti-IP members of Congress – from both awful Parties – are looking to use this case to get this legacy Obama IP-awfulness…to go as international as possible.
“(A) number of members of Congress have addressed comments to the ITC.
“These Senators and Representatives express their concern with Qualcomm’s request to exclude their competitor’s products and the serious impacts it would have on U.S. competitive conditions and on national security….
“Letter from former House Judiciary Subcommittee on Intellectual Property Chairman Darrell Issa (R-CA): ‘Forcing Intel out of the market now would deal a serious below to competition in this critical sector [5G] and thus to our economic interests. … The vacuum created by Intel’s absence would invite greater American dependence on foreign suppliers that have no stake in promoting our interests.’”
Issa’s is a particularly idiotic assertion. But it isn’t just his – many of these people have made this idiotic assertion. “We need Intel – to provide competition. Otherwise, national security is threatened.”
Apple just admitted in court that Inferior Intel wasn’t ready for 4G prime time – and had never been ready for 4G prime time.
Apple only dragged Inferior Intel to 4G competency – by stealing Qualcomm’s 4G tech and handing it to Inferior Intel.
This doesn’t make Inferior Intel a competitor – it makes them a pretender. Which is exactly what they have always been.
They still aren’t actually ready for 4G. They absolutely aren’t ready for 5G.
This “competition-national security” nonsense – is just the latest in a long string of idiotic arguments made to try to muddy the water in defense of Apple’s massive ongoing, rolling theft.
The water – and the facts – are crystal clear.
Qualcomm led the way to 4G. No one else came remotely close.
Apple signed all sorts of contracts – agreeing to pay Qualcomm for its 4G stuff.
Apple then stopped paying Qualcomm for its 4G stuff.
Apple then stole Qualcomm’s 4G stuff – and handed it to Inferior Intel.
We know Inferior Intel is inferior – because Apple just said so in court.
So there is absolutely no way Inferior Intel is going to help get us to 5G.
Oh: Where, by the way, Qualcomm has already begun to deliver us. Ahead of everyone else on the planet.
So there’s no national security problem. Just hire San Diego, California’s Qualcomm.
Here’s another thought:
Hey Apple (Market Cap: $745 billion):
Stop being a giant bunch of thieving clowns – and pay Qualcomm (Market Cap: $61 billion).
Here’s another thought:
Hey Trump Administration:
Please stand down on this Obama Administration-residual FTC lawsuit nonsense.
That’d be pretty good for now….
This first appeared in Red State.