To be honest Im still not convinced but there is one other question that concerns me in respect to which I'd appreciate your input. Lets assume that WD/HGST does retain a right to license the IP even after the Dev Agreement has expired. In that case wouldn't that seriously compromise 4DS' profitability? If that were so, for a nominal fee (I believe the agreement indicates that it wouldn't be a big fee) WD could swamp 4DS with its production capacity and very easily corner the market in that product before 4DS even gets its act into gear. Any substance to that concern in your opinion?
JDA with HGST, page-29
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