Reborn America, this is my time

Chapter 55 Ethan: I Can't Understand, But I'm Shocked
Ethan didn't expect that Barbara would directly sentence MOS to death after listening to his own description?

Although her words were harsh, Ethan admitted that her train of thought seemed to be fine.

However, Ethan could not accept such a result.

I have come to beg for help, and then you told me not to save, wait to die?

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

Ethan wanted to save him again.

And his insistence made Barbara Babcock frown slightly.

She turned her head to look at Evelyn.

Evelyn, who caught the puzzled look, quickly said: "Mr. Barbara, this matter is really troublesome to you. We all hope that the chip can be successfully introduced to the market so that more people can enjoy the real progress of technology. "

Speaking of this, Evelyn added, "Although I haven't talked about this matter with Teacher Wenton so far, I believe that as long as he understands this matter, he will definitely support these people in pursuing their dreams." Yes, as you know, he has been discussing with you about using technology to promote social progress."

Hearing the pleading words, Barbara smiled and shook her head.

"Okay." She took a deep breath.

Focusing on Ethan again, he said, "For Wenton's sake, Ethan, please tell me the matter carefully."

"Now is not the time for legal consultation, you just chat as a friend, I need to know more details."

Barbara said so, and Ethan naturally couldn't make any more detailed summaries.

He directly stated the information he had learned.

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

After she found out that MOS had proactively notified 6501 of the infringement, she stood up abruptly, signaling Ethan to stop talking, and at the same time beckoned to them, "Follow me."

Such a situation made the two of them confused, but neither Ethan nor Evelyn had any intention of asking, and followed directly.

Under the leadership of 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 bookshelves arranged horizontally, books with mostly dark covers are neatly stacked.

At a glance, the oncoming heaviness is the power of cheese.

Ethan felt that it was a little heavy here, but Barbara was okay, pointing to the two rows of bookshelves in the middle and said: "On the second and third and fourth shelves, there are all local law books in California. Please help me find a book called "" The books of the Commercial and Professional Code. On the sixth, seventh, and eighth shelves are federal law books. Please help me to see if there are any books similar to the Trade Secret Protection Act."

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

"Everyone must clean up the titles of the books, and don't miss one!"

Under Barbara's arrangement, Ethan and Evelyn immediately searched for them.

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

The three of them worked together and it took an hour to go through the six bookshelves.

And the result...

They found the set of "Commercial and Professional Code" that Barbara was talking about.

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

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

"It seems that I remember correctly." She muttered to herself.

Ethan didn't understand what Barbara meant, and exchanged glances with Evelyn.

What he saw was also blank.

But Baba came to her senses. After moving the ten-volume "Commercial and Professional Code" to the desk, she frantically searched according to the catalog. About 10 minutes later, she got up when she found the code, and pushed the door out. .

"I'll make a call."

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

'Is there a result? '

The corner of Ethan's mouth raised, his face full of anticipation.

He glanced at the page that Barbara had opened, and he quickly calmed down due to the dense legal regulations.

And after they followed Barbara back to the living room on the first floor, Barbara even held the phone and called for an hour.

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

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

"Oh, you also remember, right? That is to say, if a commercial company feels that a former employee has leaked its company's trade secrets, the case must be judged according to the laws of the state where it happened?"

"OK, thanks……"

Later, Barbara was there to tell her conjectures—

"Mr. Edward, it's like this. I have a case in my hand, which is a patent infringement case, but I don't want to make it a patent infringement. I want to define it as a labor dispute, because the infringer is the invention of the infringed patent. people……"

"That's right, that's what you said, California's unique "Business and Occupational Code"..."

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

"Okay, Okay, thank you Mr. Edward...Okay, if there is any problem, I will transfer the case to you..."

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

She first took a few sips of water from the teacup, and then motioned the expectant two to sit down.

Then, he said in a happy tone: "Ethan~ I have a solution~"

This sentence made Ethan very excited, "Oh, Mr. Barbara, is there room for manipulation in this matter?"

"Of course!" Barbara nodded and said, "Not only is there room for manipulation, it can even make it impossible for Motorola to sue."

'! '

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

The question that came out of her mouth made Barbara snort twice, and turned her gaze to Evelyn.

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

'? '

Ethan didn't understand why Barbara would ask such a question.

But Evelyn replied with a smile, "Yes~ My dad likes him, definitely more than me."

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

"Then I'll trouble you to teach him~" Evelyn moved over and hugged Barbara's arm.

That coquettish appearance made Barbara very useful.

And when she turned her gaze back to Ethan, Ethan, who understood that she was a little anxious, spread his hands in embarrassment and said, "Mr. Barbara, I'm sorry, I was really anxious just now, if I offend you, please forgive me." Sorry..."

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

At the same time, she waved her hand and said, "Okay, just kidding."

"Don't thank me, but thank Evelyn."

"If she hadn't pulled out Vinton, I wouldn't have been able to call my teacher."

"You have to know that my teacher's consulting fee is the highest in the entire meter, but even so, the entire Pacific Ocean can be filled with people who want to consult him, because no matter what the case is, as long as you find him, you can basically settle it with ease. Guilty or innocence."

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

Because the teacher in Barbara's mouth is indeed a ruthless person in the American legal profession.

The "Washington Post" was once mired in lawsuits for reporting on Mi Tingzong, and the lawyer who brought it out of endless judicial investigations was Barbara's teacher Edward Williams. For this reason, Mi Tingzong Zong angrily expressed that he wanted to punish the bastard Edward Williams, and then, before he could do anything, he gave way to Daizong under pressure.

And Evelyn saw Ethan's speechless appearance, and the girl shook Barbara's arm, and called softly, "Barbara~"

"Okay, okay, don't shake it, don't shake it."

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 that can be exploited in this matter, but it is not a loophole in the patent right, but a loophole in the trade secret protection law..."

Under the narration of Barbara Babcock, Ethan Jones and Evelyn Johnson also understood the legal position of the MOS 6502 product, or in other words, they understood that patent infringement can also be divided into patent inventions Infringement of Persons and Infringement of Others.

The so-called infringement of patent inventors refers to people like Chuck Pai Duo, who first invented the Motorola 6800 and then invented the MOS 6501.

Other people's infringement is similar to a person who has not participated in the invention of Motorola 6800 plagiarizing the Motorola 6800 product.

And what is the difference between the two?

The latter is the infringement of Chiguoguo, no matter what the purpose is, the law will punish this kind of behavior.

But for the former, consider the scoring situation.

Because the patent inventor's infringement involves the protection of trade secrets.

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

At present, the United States does not have a federal "Trade Secret Protection Act". The so-called trade secret protection is actually enacted by each state itself. The employer’s business secrets must not be disclosed to the new company’, according to this law, Chuck Paduo’s research and development of MOS 6501 is suspected of commercial leaks, even if MOS 6502 has been modified, it is still Involved in commercial disclosure.

Motorola can sue Chuck Paddle no matter from the perspective of patent infringement or commercial disclosure.

but--

When Chuck Paido took the initiative to inform Motorola of the infringement of MOS 6501, and the two parties have reached a settlement, it can be deemed legally that Motorola has learned of Chuck Paido's leaking behavior.

So in this case, as long as Motorola does not clearly indicate in the settlement agreement that Chuck Paido and the others cannot re-develop the MOS 6501, then Chuck Pai Duo and the others can continue to develop the CPU!

Of course, at this time, the MOS 6502 CPU is actually infringing, but if Chuck Paido and the others move the MOS company to California, or bring the MOS 6502 product to California for production and sales, then this behavior is another It's legal now!
Because California law not only protects the interests of the company, but also protects the interests of individuals. In the local laws of California, the "Business and Occupational Code" has such a clause-"All contracts that restrict anyone from engaging in legal occupations are invalid, and the law The flow of talents and the dissemination of ideas within the region should be encouraged to reduce the duplication of time and effort in research and development between enterprises, and ensure the most efficient use of human capital, thereby improving the efficiency of enterprise development in the California region. '

therefore--

"Ethan, if what you said is true, Chuck Paido 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 law."

Barbara looked at Ethan with a smile, and said, "Chuck Paido's previous compensation is very good, because in California law, what they did was to reach a settlement with Motorola for leaking, as long as there is no If there is a further restriction on leaks, then California's Business and Professionals Code will regard Motorola as allowing them to redevelop the MOS 6501."

"Because this kind of research and development is in line with the talent flow policy encouraged by California! It is in line with California's emphasis on reducing duplication of research and development time and energy between companies! It is in line with California's 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 courts will not accept it!"

"Of course, this loophole is only suitable for patent inventors or patent invention participants, and no one else!"

'WTF? ? ? '

Ethan was shocked!

He never expected that California would have such a nonsense law?
Reduce the cost of repeated research and development among enterprises, and allow patent inventors to self-plagiarize?
What the hell!

Doesn't it give the capitalists no face at all?
Ethan couldn't figure it out...

But he was shocked!

　Note: ① The latest commercial protection law in the United States is the "Business Secret Protection Act" signed in 16. Before that, the federal law was the "Uniform Trade Secret Act" issued in 79. ②California's "Business and Professional Code" was first born in 1915. There are clauses in the code that support patentees to make micro-innovations on patents that they do not have patent rights. Over the years, this code has been regarded as the real reason for the birth of Silicon Valley.In order to promote this concept, Xizong signed the "Executive Order on Promoting Economic Competition in the United States" in 21 years, and the support for the flow of talents is the narration of the "Business and Professional Code". ③The method written in the article has examples in reality.The first example is Apple suing Google, emphasizing the plagiarism of Android. In the early 90s, Andy Rubin, the father of Android, worked in an Apple subsidiary and created the earliest smartphone system. It failed because it was too advanced, 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 plagiarism, but the court ultimately rejected it because California allowed this kind of micro-innovation.The second example is the case of Oracle suing Google for Java plagiarism that has only come to an end in recent years. In this decade-long case, Google’s defense is the same. jobs.Because Java was developed by SUN, as I said before, SUN engineers were packaged into Google by Stanford.As for the final result, the Supreme Court felt that it was a reasonable use.

　　
　
(End of this chapter)