Open Source and Free Software

Since "valuable consideration" is more or less impossible to formally pin down. Different patents are worth different amounts. I guess you COULD mandate a fixed (say 0.25%) decrease in payment per patent shared, but that's still kind of iffy.

Apple has absolutely no point, though - they're bitching that Googorola wants the published rate but aren't willing to exchange anything. Sorry, but if you aren't willing to provide SOME incentive it's entirely fair, reasonable and nondiscriminatory to charge the base rate. Not just IMO, either - the judge in the US LTE case threw it out with prejudice when Apple said "we refuse to license anything, and will only accept your decision if it's $1 per unit or less".