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In the above post, the well represents the patented technology. He creates the technology (digs the well) and patents it (seeks to profit from it by monopolizing it's use).

In your analogy, you seem to be skipping the issue of patents entirely. Note that Apple did not go out and "dig it's own well" by developing something completely unrelated to GSM, UTMS, Wi-Fi, etc. Whether Nokia's claim turns out to be valid aside, it's undeniable that Apple is using the technology that Nokia is making the claim on. That is to say, they aren't suing over Apple developing "the better well", they're suing Apple for using their well without compensation.



> developing something completely unrelated to GSM, UTMS, Wi-Fi, etc.

The point is that they could not have because that would be inoperable.


Interoperability with GSM-based networks is not a God-given right.




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