On Wed, 17 Apr 2019 21:56:50 -0500, Beedle wrote:
> Actually if that¢s what Apple paid them right now, it¢s most likely the
> settlement amount. It likely does not include what the courts told Apple to
> pay prior to the settlement. And Qualcomm was also told to pay Apple $1bn
> prior to this settlement.
Hi Beedle,
This is my first post in response to you, since you appear to be relatively
new (or a reincarnation of someone whom I don't recognize from your style).
Assuming you're new to the ng, I _love_ that you're thinking like an adult,
where it's _refreshing_ to note that there are people on this ng who can
handle basic facts, and then form reasonable logical deductions from those
facts.
What most of the apologists do on this ng, AFAICT, is flatly disagree with
_any_ fact about Apple that they don't like. That's as far as any
"conversation" gets with them, since they will flatly refute any and all
facts that don't fit into what turns out to be an imaginary belief system.
(e.g., Snit _still_ believes the iPhone can do something as simple as graph
wifi signal strength for nearby access points over time).
Hence, it's refreshing that you appear to comprehend the basic facts, and,
what's better, you move on to the stage of interpreting what the
ramifications of those facts might be, where the real world is more
complicated than we'd like it to be sometimes.
I understand what you're saying, where I don't claim to know any more than
you or anyone else does with respect to the seemingly immense size of the
settlement.
Given that this suit appears to settle _all_ outstanding claims, you could
very well be correct that the initial billion dollars withheld by the
manufacturers could be included in Apple's portion.
It could just as well be a separate financial transaction between the 4
manufacturers and Qualcomm though, for all we currently know - since that's
how the payments were _originally_ structured (AFAIK).
1. The 4 manufacturers entered into agreements with Qualcomm
2. Those 4 manufacturers owed Qualcomm 1 billion USD based on the price of
the manufactured good (i.e., the iPhone)
3. Apple reimburses those 4 manufacturers that 1 billion dollars
4. Qualcomm, if it feels Apple was nice to them, then rebates the billion
dollars back to Apple.
Notice the game only works if _everyone_ pays, which didn't happen:
1. The 4 manufacturers pay Qualcomm
2. Apple reimburses the 4 manufacturers
3. Qualcomm rebates Apple
Given the almost assuredly immense complexity of the actual contracts of
who is paying whom, I'm sure they can _hide_ a few billion dollars by
spreading out who is paying whom at what time.
Speaking of timing, that incremental $2 EPS is, presumably, for the year
(not the quarter), and, it seems to be ongoing, so it's a yearly
incremental EPS uptick, although we're not sure of the details, and it
seems to be including a lot more than the original settlement, so, as are
most factual things that are instantly sprung on us, our opinions will
change over time as more detailed facts emerge.
The final bill could be, for all we really know, multiple times what the
current settlement is, in total costs overall, given there are _many_
facets to the financial accounting portion of this presumably shockingly
huge agreement (e.g., what about Apple's new design center, which itself
could have cost billons, and what about the punitive costs of broken
contracts with Intel?).
> So Qualcomm pays Apple the rebates the owe.
> Apple pays Qualcomm whatever the court said was owned.
> Then just before the trial, Apple and Qualcomm come to settlement.
Actually, AFAICR, it didn't work that way since it was Qualcomm who wasn't
paid because Apple, according to Qualcomm, told the 4 manufacturers to STOP
paying Qualcomm - so it was Apple (actually the 4 manufacturers) who owed
the money to Qualcomm (who had purportedly already written it off as a loss
in prior years).
But I agree it was a legally convoluted setup, where I don't care to
quibble, as that's the specialty of the Apple Apologists, who, as you may
be aware, are better at it than I will ever be.
> At this point, the slate is clean. Everyone has paid everyone.
Yes. If Apple (or the 4 manufacturers) pays Qualcomm the unpaid billion
dollars in royalties, plus, presumably, interest and penalties which are
almost certainly written into the original contracts that each of the 4
manufacturers signed with Qualcomm, then _that_ part of the original
disagreement is settled.
But that part was likely the _simplest_ of the details of the settlement,
IMHO, simply because it was based on previous contracts which, AFAIK, have
never been successfully refuted in a court of law.
> And now you
> have a new deal spanning 6 years or whatever the duration is and it makes
> clear what Apple will pay for licensing and chips.
Yes. I like that you're thinking about breaking up the payments into the
initial "settlement" and then the (usually far bigger) overall deal in
terms of contractual obligations.
It "appears" that Qualcomm's system of taxing the entire product "may"
still be intact, but we're not told, yet, whether that's the case or not
(AFAIK).
Certainly this alone is worth billions of dollars that we didn't account
for in the initial settlement, where my _main_ point is that the hapless
Apple customer is, in the end, the one footing Qualcomm's bill to Apple.
Bear in mind that Apple products, due solely to Apple's customer, fly in
the face of logic when it comes to the common mantra of "better faster
cheaper" for almost all electronics.
For example, do you know of any other common consumer electronic product
that is NOT "better faster cheaper" over the years than the highly marketed
Apple iPhone?
For an example, I used to pay upwards of $400 for my Android phones, where
my last Android phones were $300 and $200 and now $130 for my LG Stylo 3
Plus phablet, which I _love_ by the way.
It seems to me you'd be hard pressed to find _any_ other common consumer
base (other than Apple customers) who put up with "better faster more
expensive" than the Apple fan base.
Please note how significantly important this thought question is ... whose
answer is revealingly apropos in terms of who actually foots the bill for
Apple's outrageously high attempted product prices.
If Apple didn't enjoy the type of customer who loves Apple products, they'd
be better faster cheaper, IMHO (like almost all other electronics is),
rather than better faster more expensive year to year.
If you don't get the subtle implication, I'll state it outright that the
Apple customer appears, to me, to be a fool, in all ways, in that they buy
into the imaginary product that simply doesn't exist (e.g., the imaginary
camera performance or the imaginary privacy or the imaginary functionality,
etc.).
Apple sells the *illusion* of safety, for example, but an iPhone turns out
to be no less (or more) safe than any well maintained Android phone is; but
the Apple customer is generally clueless about these facts - so they are
willing to pay, IMHO, for the mere _illusion_ of safety.
Very few common consumer electronic products enjoy such a fantastically
loyal & gullible (and hence, clueless, IMHO), customer base.
The main point here is that this clueless consumer - is who is footing
Qualcomm's almost assuredly immense bill.
> I doubt Apple would have
> agreed to a percentage of the phone¢s sale price capped at $400 per
> handset. That truly was insane of Qualcomm. Qualcomm in my opinion, had the
> most to lose. If this case went against Qualcomm their IP device would have
> been dealt a death blow. You just don¢t make that kind of bet on a court
> case. You settle, and you hope no one else sues you under the same
> circumstances.
Hi Beedle,
THIS is the big kahuna!
Who knows _what_ the agreement is that the 4 manufacturers will be signing
with Qualcomm for how Qualcomm assesses the royalties!
It's a big unknown to me, so if you find out what the deal that each of the
manufacturers signed with Qualcomm is, let us all know.
I suspect Apple was so desperate for 5G technology that they acceded to
Qualcomm's demands, but I don't know that for a fact. I only deduce it from
the fact that Apple was clearly desperate and that Apple had only bad
options to choose from.
Knowing Apple's customer base, I would assume Apple figured they could
easily bamboozle the clueless customer into paying Qualcomm whatever Apple
eventually agree to anyway.
> I¢d bet Apple got most of what they wanted. And Qualcomm realized their
> gamble of extorting Apple was not too smart and may well have damaged the
> company long term. At this point, everyone else has to be thinking about
> suing them. And these are multi billion dollar companies. They can totally
> afford to sue Qualcomm. And they get similar tech from elsewhere.
Hi Beedle,
As long as you state the factual basis for your logical deductions, you're
entitled to your opinion that Apple won big, where I will point out that I
quoted, already, numerous articles which _clearly_ stated that Qualcomm was
the big winner here.
Apple may be "a" winner in terms of obtaining the 5G technology they were
literally desperate for, but, at what cost?
Notice that it's far easier to argue that Qualcomm is the big winner.
For example:
o Qualcomm finally struck a blow against Apple
o "This has been a bigger victory for Qualcomm than Apple"
<
https://finance.yahoo.com/news/winner-week-qualcomm-qcom-stock-152915481.html>
But for sure, we're not the only ones debating who is the winner here:
o These Are the Winners and Losers in the Apple-Qualcomm Settlement
o "The biggest winner: Qualcomm"
<
http://fortune.com/2019/04/17/apple-qualcomm-stock-price-winner-loser/>
o Who's Who: Winners and Losers of Apple's Truce With Qualcomm
<
https://www.bloomberg.com/news/articles/2019-04-17/who-s-who-winners-and-losers-of-apple-s-truce-with-qualcomm>
The logic points to hapless Apple customers footing the immense bill, where
a salient quote in that first reference is reproduced below. which shows
the value at about two and a half billion annually for the terms of the
contract, most of which is pure profit:
"Apple had supplied $2 billion or more annually in revenue - revenue
with big profit margins, since most of the money was for royalties on
patents. Now Apple has agreed to pay back royalties it withheld over
the past two years, plus it will pay future royalties and again buy
modem chips from Qualcomm. In a brief note to investors on Tuesday,
Qualcomm said its earnings per share, which amounted to $3.69 last
year on an adjusted basis, could increase $2 annually under the deal."
Notice that Qualcomm, already a hugely profitable company, stated that the
value to them, of this deal, is an additional two dollars per share (about
150%!) on an existing profitable roughly $4 per share, which _someone_ has
to pay.
That someone?
o IMHO, it's the hapless Apple customer yet again footing an immense bill.
> How long until Apple builds it¢s own competing tech and stops buying from
> Qualcomm anyway? I¢ll bet that takes less than six years. I¢ll even bet
> that Apple drops Intel as well. One thing this really shows is why you have
> to own your own IP. Apple had said Qualcomm wanted more than they pay for
> all their other IP combined from third party. The double dipping Qualcomm
> was doing should be challenged.
Hi Beedle,
I have to admire the wishful thinking that you (and most Apple customers)
exude, which is that you _trust_ that Apple makes a "best in class"
product, even against any reasonable facts to the contrary.
I suspect, but do not know, that you actually think Apple makes, for
example, the best camera, even though the facts show otherwise almost all
the time.
That you have so much faith in Apple's design skills is commendable, but I
will just point out that there is a reason Apple uses ARM technology, just
like Android manufacturers do, which is that Apple _knows_ it can't make
the best technology.
That's also the reason Apple ditched Intel (remember, the deal with
Qualcomm is "exclusive", although we don't know all the details as it
pertains to Intel's "poison pill" provisions).
Intel, for sure, didn't waste time ditching the 5G smartphone modem
business, that's for sure, so, if Intel can't make a decent 5G modem, what
makes you so extremely confident that Apple can?
I suspect, by the way, that Apple will continue its 5G development, but,
remember, Apple was second fiddle to not only Qualcomm and Intel, but also
Hauwei, MediaTek, and Samsung, to name a few.
The point is that, IMHO, nobody has _ever_ shown Apple hardware to be best
in class, and certainly never has Apple made _software_ apps which were
best in class, where we have an entire thread on that subject which can be
exemplified simply by comparing Apple Maps to Google Maps.
Bear in mind that I have a friend who works for Apple Maps as an engineer,
who, like you, is supremely confident that Apple _will_ finally have a best
in class product - where I explained to him how deficient the iOS apps are,
where he too was clueless.
Since he's a good friend, he knew not to play the idiotic Alan Baker game
of refuting obvious facts because they didn't fit into his belief system,
so we had a good conversation where what I learned from him was that he's
confident that Apple Maps _will_ be a best-in-class tool, simply because of
the immense amount of money Apple is pouring into the product line.
As always, guess who is paying for that immense expenditure?
o HINT: It's _always_ the hapless Apple consumer.
It's yet again one of the reasons that iPhone owners historically have
enjoyed such an immensely atrocious overall cost of product ownership.
> I go to buy a car from you. And you use all kinds of IP in that car that
> doesn¢t belong to you. But you license it from all the various groups that
> own the IP. Then, the IP holders come to me and say, where¢s your license
> for our IP? I bought the car from someone who licensed your IP in their
> vehicle. I don¢t need a license. The manufacturer needs it so they can
> build and sell what they build and sell. What¢s next, is Qualcomm going to
> ask for a list of customers cause we have to pay Qualcomm too? Qualcomm is
> clearly in the wrong. What they are doing is simply not done. I sure hope
> this isn¢t over.
Hi Beedle,
I agree with you that Qualcomm has a sweet deal with the 4 iPhone
manufacturers, where Qualcomm's argument is, legitimately, that those
manufacturers freely & legally entered into those deals with Qualcomm.
Unless Qualcomm opts to allow them _out_ of that deal, which I don't see
any evidence of why Qualcomm would do that unless they thought that the
courts would strike them down, then I would "presume" that the deal still
holds, perhaps modified, but in essence, in the original form.
As you may be aware, California charges about 10% sales tax on the total
price of a cellphone, even if you got that cellphone from the carrier for
free. Is that fair? I think not. Is that legal? Apparently it is.
Who pays, eventually for that unfair but legal deal?
o As always, it's the hapless customer - which is may main point after all.