Chapter 55 Ethan: I Can't Understand, But I'm Shocked(2/2)
The Washington Post was once caught in the quagmire of litigation because of the story of Mi Tingzong, and the lawyer who brought it out of the endless judicial investigation was Barbara's teacher Edward Williams. For this reason, Mi Tingzong
Zong angrily expressed his desire to cure Edward Williams, the bastard. Then, before he could do anything, he gave way to Daizong under pressure.
Evelyn also saw Ethan's aphasic appearance. The girl shook Barbara's arm and shouted in a delicate voice: "Barbara~"
"Okay, okay, don't shake it."
Evelyn's continuous interruptions made Barbara shake her head helplessly, "Okay, get to the point."
"Ethan, what you just said is right. There are indeed legal loopholes to be exploited in this matter, but it is not a loophole in patent rights, but a loophole in the protection law of the Trade Secrets..."
Under the narrative of Barbara Babcock, Ethan Jones and Evelyn Johnson also understood the legal positioning of the MOS 6502 product, or in other words, they understood that patent infringement is divided into patent inventions.
Infringement of rights by persons and infringement of rights by others.
The so-called patent inventor infringement refers to a person like Chuck Pador, who first invented Motorola 6800 and then invented MOS 6501.
Others infringement is similar to a person who has not participated in the invention of Motorola 6800 and plagiarized the Motorola 6800 product.
And what are the differences between the two?
The latter is a pure infringement, and no matter what purpose it is, the law will punish such behavior.
But as for the former, the score is considered.
Because the infringement of the patent inventor involves the issue of protection of trade secrets.
When it comes to commercial secret protection, the biggest problem is.
The United States currently does not have the Federal Trade Secret Protection Act. The so-called trade secret protection is actually formulated by each state. For example, the California code contains it, "Before employees leave the company, they need protection after they need to leave the company.
Employers' business secrets must not be disclosed to new companies.' If, according to this law, Chuck Pador and others' research and development of MOS 6501 is suspected of commercial leaks. Even if MOS 6502 is modified, it will still be
Involved in commercial leaks.
Motorola can sue Chuck Pador from the perspective of patent infringement or commercial leaks.
but--
When Chuck Pador took the initiative to tell Motorola about the infringement of MOS 6501 and the two parties have reached a settlement, it can be considered legally that Motorola has learned about Chuck Pador and the others' leaks.
So in this case, as long as Motorola does not clearly mark the settlement agreement and Chuck Padou and others cannot redevelop the MOS 6501, Chuck Padou and others can continue to develop the CPU!
Of course, at this time, the CPU of MOS 6502 is actually infringing, but if Chuck Pador and others moved the MOS company to California, or brought the MOS 6502 product to California for production and sale, then this behavior would be
Legal!
Because California's laws not only protect the interests of companies, but also protect the interests of individuals. In the California local laws, the "Business and Career Code" has this article--'All contracts that restrict anyone from engaging in a legal profession are invalid.
Talent flow and ideological dissemination in the region should be encouraged to reduce the time and energy of repeated R&D among enterprises, ensure that human capital is used in the most efficient way, and thus improve the efficiency of enterprise development in California.'
therefore--
"Ethan, if you're saying it's true, Chuck Pido is the patent owner or research and development participant of Motorola 6800, then as long as they sell MOS 6502 in California, they will be protected by California's laws."
Barbara looked at Ethan and said, "Chuck Pador's previous compensation was great, because in California law, their behavior was to reach a leaked settlement with Motorola, as long as the settlement document was not included.
If the leak is re-restricted, then California's Business and Career Code will be regarded as Motorola allowing them to re-develop MOS 6501."
"Because this kind of R&D is in line with the talent flow policy encouraged by California! It is in line with the concept of reducing the repeated R&D time and R&D energy among enterprises emphasized by California! It is in line with the idea of efficient use of human capital!"
"So, as long as they bring the chips to California, even if Motorola wants to sue, the California court will not accept it!"
"Of course, this loophole is only suitable for patent inventors or patent invention participants, and no one else can do it!"
‘WTF???’
Ethan was shocked!
He never expected that California would have such nonsense laws?
Reduce the cost of repeated research and development among enterprises and allow patent inventors to plagiarize themselves?
Damn it!
Can capitalists not give them any face?
Ethan couldn't figure it out...
But he was shocked!
Note: ① The latest commercial protection law in the United States is the Trade Secret Protection Act signed in 2016. Before that, the federal law was the Unified Commercial Secret Law issued in 2019. ② California's Business and Professional Code
》 was first born in 1915. The code contains clauses that support patents to conduct microinnovation on patents that do not have patent rights. For many years, this code has been regarded as the real reason for the birth of Silicon Valley. In order to promote this concept, 21 years have passed.
Zong signed the "Administrative Order on Promoting Economic Competition in the United States", in which the support for talent flow is the description of the "Business and Professional Code". ③ The method written in the article has examples in reality. The first example is
Apple sued Google, emphasizing the plagiarism of Android. In the early 1990s, An, the father of Android
Dee Rubin worked in an Apple subsidiary and created the earliest smartphone system. It failed because it failed too early and the patent was left in Apple. Later, he wrote Android and sold it to Google. In this case, Jobs
Repeatedly saying Andy Rubin is just plagiarism, but the court did not accept it because California allows such microinnovation. The second example is Oracle's case of plagiarism suing Google Java, which has only come to an end in recent years, for ten years.
In the case, Google's defense reasons were the same. They did not copy, they just provided jobs for Java R&D personnel. Because Java was developed by SUN, it was said before that SUN engineers were packaged into Google by Stanford.
And the final result is the Supreme Court thinks it is a reasonable use.
Chapter completed!