Rebirth of America, this is my era

Chapter 55 Ethan: I don’t understand, but I am deeply shocked
Ethan didn't expect that after listening to his description, Barbara directly sentenced MOS to death?

Although her words were a little harsh, Ethan admitted that her thinking did seem to be correct.

However, Ethan could not accept such an outcome.

I came here to ask for help, and then you told me not to save me and just wait to die?

Who can bear this?
"Teacher Barbara, this matter is indeed a bit difficult, and their approach may be very inappropriate. However, considering that they are all technicians in science and engineering, I would like to trouble you to help take a look? See if there are any loopholes that can be exploited?"

Ethan wanted to rescue him again.

And his insistence made Barbara Babcock frown slightly.

He tilted his head and glanced at Evelin.

Evelin, who caught the puzzled look, said quickly: “Teacher Barbara, I’m really sorry to bother you with this matter. We all hope that the chip can be successfully introduced to the market so that more people can enjoy the real progress of technology.”

At this point, Evelin added, "Although I haven't told Mr. Vinton about this so far, I believe that as long as he knows about this, he will definitely support these people in pursuing their dreams. You also know that he has been discussing with you about using technology to promote social progress."

Barbara smiled and shook her head at the slightly pleading words.

"Okay." She took a deep breath.

He refocused his gaze on Ethan and said, "For Vinton's sake, Ethan, tell me everything carefully."

"Now is not the time for legal advice. Just treat it as a chat with friends. I need to know more details."

Since Barbara had said so, it was naturally impossible for Ethan to make any detailed summary.

He directly told everyone the information he had learned.

When Barbara heard that most of the production team of 6502 came from Motorola, her eyes suddenly lit up.

After she found out that MOS had proactively informed her of 6501's infringement, she stood up abruptly, signaling Ethan not to say anything more, and waved at them, "Follow me."

This situation made the two of them a little confused, but neither Ethan nor Evelyn had the intention to ask, and just followed.

Led by Barbara, Ethan and Evelyn came to her study.

It was a room on the third floor, and its area even covered the entire top floor.

On the horizontally arranged bookshelves, books, mostly with dark covers, are neatly stacked.

At first glance, the heavy feeling that comes towards you is the power of cheese.

Ethan felt that it was a bit heavy here, but Barbara was fine. She pointed to the two rows of bookshelves in the middle and said, "Shelves 2, 3, and 4 are all California local law books. Can you help me find a book called "Business and Professions Code". Shelves 6, 7, and 8 are federal law books. Can you help me see if there are any books like the Trade Secret Protection Act?"

"Ethan looked from top to bottom in the order of two, three, four, six, seven, and eight. Evelyn looked from top to bottom in the order of eight, seven, six, two, three, and four. I did the opposite of you, looking from the back to the front."

"Everyone must check the titles of the books. Don't miss a single one!"

Under Barbara's arrangement, Ethan and Evelyn started looking for her immediately.

Although she only mentioned six bookshelves, each bookshelf has two sides and six layers.

It took three people an hour to search through all six bookshelves together.

And the result...

They found the set of books that Barbara mentioned, "Business and Professions Code".

But in federal law, there is not a single book related to trade secret protection.

This fact made Ethan purse his lips, but Barbara thought it was a good thing.

"It seems I remembered correctly." She murmured to herself.

Ethan didn't understand what Barbara meant, and he looked at Evelyn.

What he saw was also confusion.

Barba, on the other hand, became more alert. After moving the ten-volume "Business and Professions Code" to the desk, she began to search frantically according to the catalog. About ten minutes later, she found the law, stood up immediately, and pushed the door open to leave.

"I'll make a call."

"You can wait for me here, or you can come together."

'Is this a result?'

Ethan raised the corners of his mouth, his face full of anticipation.

He glanced at the page Barbara had opened, and the densely packed laws made him quickly collect his attention.

After they followed Barbara back to the living room on the first floor, Barbara held the phone and talked for an hour.

At first, Barbara was confirming her memory with the guy on the other end of the phone—

"Hello Mr. Edward... Yes, yes, I'm Barbara... I called you because I want to ask you a question. Doesn't the United States have a federal trade secret protection law?"

"Oh, you remember that, right? In other words, if a business company feels that a former employee has leaked its trade secrets, then the case must be judged according to the laws of the state where the incident occurred?"

"OK, thanks……"

Later, Barbara shared her conjecture there -

"Teacher Edward, this is what I have. I have a case on hand, a patent infringement case, but I don't want to classify it as patent infringement. I want to define it as a labor dispute because the infringer is the inventor of the infringed patent..."

"Yes, yes, that's what you said, the California-specific Business and Professions Code..."

"Yes, you are right. If the business is located in California, the court will not file a case, right?"

"Okay, okay, thank you Mr. Edward... OK, if you have any questions, I will transfer the case to you..."

When Barbara hung up the phone, an excited smile appeared on her thin face.

She first picked up the teacup and took a few sips of water, then gestured to the two expectant people to sit down.

Then, he said in a happy tone: "Ethan~ I have a solution~" This sentence made Ethan very excited, "Oh, Teacher Barbara, is there any room for maneuver in this matter?"

"Of course!" Barbara nodded. "Not only is there room for maneuver, but we can even make it so that Motorola can't sue us."

‘! ’

This fact made Ethan's eyes widen, "How?"

The question blurted out made Barbara snort twice and shift her gaze to Evelin.

"Oh Evelyn, is Ethan the favorite one in your family?"

'? '

Ethan didn't understand why Barbara asked that.

And Evelin smiled and replied, “Yes~ My dad likes him, definitely more than he likes me.”

"No wonder!" Barbara nodded slightly and said, "I mean, how can he ask for it so naturally? You spoil him too much, this won't work."

“Then please teach him~” Evelyn moved over and hugged Barbara’s arm.

Barbara enjoyed the coquettish look very much.

When she turned her gaze back to Ethan, Ethan, realizing that he was a little anxious, spread his hands awkwardly and said, "Teacher Barbara, I'm sorry, I was indeed a little anxious just now. Please forgive me if I have offended you..."

Ethan's words made Barbara laugh, "That's right."

At the same time, she waved her hand and said, "Okay, it's just a joke."

“Don’t thank me, thank Evelin if you want to thank someone.”

"If she hadn't pulled Vinton out, there's no way I would have called my teacher."

"You have to know that my teacher's consulting fee is the highest in the United States. But even so, the number of people who want to consult him can fill the entire Pacific Ocean, because no matter what the case is, as long as you find him, you can basically get away with a minor crime or even no guilt."

"Oh..." Ethan opened his mouth. He wanted to thank him but didn't know how to put it.

Because the teacher Barbara mentioned is indeed a ruthless figure in the American legal community.

The Washington Post was once mired in litigation for reporting on Mi Tingzong's affairs, and the lawyer who brought it out of endless judicial investigations was Barbara's teacher Edward Williams. For this reason, Mi Tingzong angrily expressed his desire to teach Edward Williams a lesson, but before he could do anything, he was forced to give way to Daizong under pressure.

Evelyn noticed Ethan's speechless appearance. The girl shook Barbara's arm and called out in a tender voice, "Barbara~"

"Okay, okay, stop shaking, stop shaking."

Evelyn's continuous interruptions made Barbara shake her head helplessly, "Okay, let's get to the point."

"Ethan, what you just said is correct. There is indeed a legal loophole in this matter, but it is not a loophole in patent rights, but a loophole in the law on the protection of trade secrets..."

With Barbara Babcock's explanation, Ethan Jones and Evelyn Johnson also understood the legal positioning of the MOS 6502 product, or in other words, they understood that patent infringement can be divided into infringement by the patent inventor and infringement by others.

The so-called patent inventor infringement refers to people like Chuck Petrus, who first invented the Motorola 6800 and then the MOS 6501.

If someone else infringes upon the rights of another, it is like someone who had no involvement in the invention of the Motorola 6800 copying the Motorola 6800 product.

What is the difference between the two?

The latter is blatant infringement, and the law will punish such behavior regardless of its purpose.

But for the former, the scoring situation should be considered.

Because the infringement of patent inventors involves the issue of trade secret protection.

When it comes to the protection of trade secrets, the biggest problem arises.

The United States currently does not have a federal "Trade Secret Protection Act". The so-called trade secret protection is actually formulated by each state. For example, the California code states that "after leaving the company, employees need to protect the trade secrets of their former employers and must not disclose them to the new company." According to this law, Chuck Peteau and his team's research and development of MOS 6501 is suspected of commercial leaks. Even if MOS 6502 is modified, it still involves commercial leaks.

Motorola can sue Chuck Petrus for both patent infringement and trade secrets.

but--

When Chuck Peteau took the initiative to inform Motorola of the infringement of MOS 6501 and the two parties reached a settlement, it can be legally considered that Motorola has learned about Chuck Peteau and his team's leaking behavior.

So in this case, as long as Motorola does not clearly indicate in the settlement agreement that Chuck Petrus and his team cannot further develop MOS 6501, then Chuck Petrus and his team can continue to develop the CPU!

Of course, at this time, the MOS 6502 CPU is still infringing, but if Chuck Petrus and others move MOS to California, or bring the MOS 6502 product to California for production and sales, then this behavior will be legal!
Because California law not only protects the interests of companies, but also protects the interests of individuals. In California's local law, the Business and Professions Code, there is a clause that states: "Any contract that restricts anyone from engaging in a legal profession is invalid. The law should encourage the flow of talent and the spread of ideas within the region, reduce the duplication of research and development time and energy between companies, ensure the most efficient use of human capital, and thereby improve the efficiency of business development in California."

therefore--

"Ethan, if what you said is true, and Chuck Petrus is the patent owner or R&D participant of Motorola 6800, then as long as they sell MOS 6502 in California, they will be protected by California law."

Barbara smiled at Ethan and said, "Chuck Petto's previous compensation was great, because under California law, their actions were considered a settlement with Motorola regarding the leak. As long as the settlement document does not further restrict the leak, the California Business and Professions Code will deem that Motorola allowed them to further develop MOS 6501."

"Because this kind of research and development is in line with California's policy of encouraging talent mobility! It is in line with California's emphasis on reducing the duplication of research and development time and energy between companies! It is in line with California's idea of ​​making 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 only applies to patent inventors or patent invention participants, and no one else can do it!"

'WTF? ? ? '

Ethan was shocked!

He never imagined that California would have such ridiculous laws?
Reduce the cost of duplicate R&D between companies and allow patent inventors to engage in self-plagiarism?
What the hell!

Are you not giving the capitalists any face at all?
Ethan couldn't understand...

But he was shocked!

Note: ① The latest commercial protection law in the United States is the Trade Secrets Protection Act signed in 16. Prior to this, the federal law was the Uniform Trade Secrets Act issued in 79. ② California's Business and Professions Code was first born in 1915. The code contains provisions that support patent holders to make micro-innovations on patents that they 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, in 21, Xi Zong signed the Executive Order on Promoting Economic Competition in the United States. The support for talent mobility is a description of the Business and Professions Code. ③ The methods described in the article have examples in reality. The first example is Apple suing Google, emphasizing the plagiarism of Android. In the early s, Andy Rubin, the father of Android, worked in an Apple subsidiary and created the earliest smartphone system. Because it was too advanced, it failed, and the patent remained with Apple. Later, he wrote Android and sold it to Google. In this case, Jobs repeatedly stated that Andy Rubin was plagiarizing, but the court ultimately did not accept it because California allows such micro-innovation. The second example is the case of Oracle suing Google for plagiarism of Java, which just ended in recent years. In this case that lasted for ten years, Google's defense was the same: they did not plagiarize, they just provided jobs for Java developers. Because Java was developed by SUN, as mentioned before, SUN engineers were packaged by Stanford to Google. In the end, the Supreme Court considered it fair use.

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(End of this chapter)