Drawing from anti-trust/competition law; fair terms means terms which are not anti-competitive and that would not be considered unlawful if imposed by a dominant firm in their relative market.

Initially, the Federal Communications Commission (FCC) found in AT&T's favor; it found that the device was a "foreign attachment" subject to AT&T control and that unrestricted use of the device could, in the commission's opinion, result in a general deterioration of the quality of telephone service.[1]

The patent right is but the right to exclude others, the very definition of “property.” That the property right represented by a patent, like other property rights, may be used in a scheme violative of antitrust laws creates no “conflict” between laws establishing any of those property rights and the antitrust laws.