Rebirth of America, this is my time

Ethan did not expect that after hearing his description, Barbara directly sentenced MOS Company to death?

Although her words were a bit harsh, Ethan admitted that her thinking seemed to be fine.

However, Ethan couldn't accept this result.

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

Who can bear this?

"Teacher Barbara, this matter is indeed a bit difficult, and their approach may be very inappropriate. However, since they are all science and engineering technicians, would you please help me? See if there are any loopholes that can be exploited. ?”

Ethan wanted to rescue him again.

And his persistence made Barbara Babcock frown slightly.

He turned his head and glanced at Evelin.

Evelin, who caught the confused look, said quickly: "Teacher Barbara, this matter is really troublesome for 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. "

Having said this, Evelin added, “Although I have not 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, you also know that he has been discussing with you about using technology to promote social progress."

The slightly pleading words made Barbara smile and shake her head.

"Okay." She took a deep breath.

He focused his attention on Ethan again and said, "For Wenton's sake, Ethan, please tell me the matter carefully."

"Now is not the time for legal consultation. Just chat with us as friends. I need to know more details."

Barbara has said this, so it is naturally impossible for Ethan to make any more detailed summary.

He directly stated the information he learned.

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

After she learned that 6501's infringement was actually informed by MOS on its own initiative, she stood up suddenly, motioned to Ethan not to say anything more, and waved to them, "Follow me."

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

Under the leadership of Barbara, Ethan and Evelin came to her study.

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

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

At first glance, the oncoming heavy feeling is the power of cheese.

Ethan felt that it was a bit heavy here, but Barbara was okay. She pointed to the bookshelves in the middle two rows and said: "The bookshelves on the second, third and fourth bookshelf are all local law books in California. Please help me find a book called " The book on the Business and Professions Code. On the bookshelf on No. 6, No. 7 and No. 8 are federal law books. Can you help me see if there are any books similar to the Trade Secrets Protection Act?"

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

"Everyone must scan the names of the books and make sure not to miss one!"

Under Barbara's arrangement, Ethan and Evelin immediately started looking.

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

The three of them worked together and spent an hour looking through the six bookshelves.

And the result...

They found the book "Business and Professions Code" that Barbara mentioned.

But among the federal laws, there is no book related to the Trade Secret Protection Act.

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

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

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

What he saw was also confusion.

But Barba got excited. After moving the ten-volume "Business and Professions Code" to her desk, she frantically searched according to the catalog. About ten minutes later, when she found the law, she stood up and pushed the door open. .

"I'll make a call."

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

‘Is this fruitful? ’

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

He glanced at the page that Barbara had opened, and the densely packed laws made him quickly pay 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, this is Barbara...I'm calling you because I have a question to ask you. Doesn't our country in the United States have a federal trade secret protection law?"

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

"OK, thanks……"

Later, Barbara told her conjecture there——

"Teacher Edward, it's like this. I have a case on my hands. It's a patent infringement case, but I don't want to label it as patent infringement. I want to define it as a labor dispute because the infringer is an invention of the infringed patent. people……"

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

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

"Okay, Okay, thank you, Teacher Edward...Okay, okay, if there are any questions, I will transfer the case to you..."

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

She first picked up the tea cup and drank some water, then motioned for the two of them who were full of expectations to sit down.

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

These words made Ethan very excited, "Oh, Teacher Barbara, is there room for maneuver in this matter?"

"Of course!" Barbara nodded: "Not only does it have room for maneuver, but it can even make Motorola unable to sue."

‘! ’

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

The blurted question made Barbara snort twice and move her gaze towards Evelin.

“Oh Evelyn, is Ethan the most favored one in your family?”

‘? ’

Ethan didn't understand why Barbara asked.

But 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 could he ask for it so naturally. You guys dote on him too much, and this won't work."

"Then please teach him a lesson~" Evelin walked over and hugged Barbara's arm.

That coquettish look made Barbara very happy.

When she turned her attention to Ethan again, Ethan, who understood that he was a little anxious, spread his hands in embarrassment and said: "Teacher Barbara, I'm sorry, I was really anxious just now. If there is any offense, please forgive me." Forgive me..."

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. If you want to thank me, thank Evelin."

"If she hadn't pulled out Vinton, 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, people who want to consult with him can fill the entire Pacific Ocean, because no matter what the case is, as long as he is found, it can basically be solved with ease. Get away with guilt or innocence.”

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

Because the teacher Barbara mentioned was indeed a ruthless person in the American legal profession.

The Washington Post was mired in litigation for reporting on Mi Tingzong, and the lawyer who pulled it out of the endless judicial investigation was Barbara's teacher Edward Williams. For this reason, Mi Tingzong Zong angrily expressed his intention to punish the bastard Edward Williams. Then, before he could take action, he was forced to give up his throne to Daizong.

And Ethan's speechless appearance was also noticed by Evelin. The girl shook Barbara's arm and shouted softly: "Barbara~"

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

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

"Ethan, what you just said is correct. There are indeed legal loopholes that can be exploited in this matter, but it is not a loophole in patent rights, but a loophole in the trade secret protection law..."

Under the narration 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 by others and infringement by others.

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

Infringement by others is similar to someone who has not participated in the invention of Motorola 6800 plagiarizing the Motorola 6800 product.

And what's the difference between the two?

The latter is Chi Guoguo's infringement. No matter what the purpose is, the law will punish this behavior.

But for the former, the scoring situation is considered.

Because the infringement behavior of the patent inventor involves the issue of trade secret protection.

When it comes to protecting trade secrets, the biggest problem comes.

There is currently no federal "Trade Secrets Protection Act" in the United States. The so-called trade secret protection is actually formulated by each state. For example, California's code states, "After employees leave the company, they need to protect their former employees." The employer's trade secrets must not be disclosed to the new company. If we look at this law, Chuck Paido and his company's research and development of MOS 6501 is suspected of commercial leakage. Even if MOS 6502 is modified, it is still Involving business leaks.

Motorola can sue Chuck Paddo for patent infringement or commercial leakage.

but--

When Chuck Paido took the initiative to tell Motorola about the infringement of MOS 6501, and the two parties had reached a settlement, it was legally deemed that Motorola had learned about 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 further develop the MOS 6501, then Chuck Paido and the others can continue to develop the CPU!

Of course, at this time, the CPU MOS 6502 is still infringing, but if Chuck Paido and others move the MOS company to California, or bring the MOS 6502 product to California for production and sales, then this behavior will be It’s legal!

Because California's laws not only protect the interests of the company, but also protect the interests of individuals. In California's local law, the "Business and Professions Code" has this article - 'All contracts that restrict any person from engaging in lawful occupations are invalid. The flow of talents and the dissemination of ideas within the region should be encouraged, reducing duplication of R\u0026D time and energy between enterprises, ensuring the most efficient use of human capital, and thus improving the efficiency of enterprise development in California. ’

therefore--

"Ethan, if what you said is true, and Chuck Paido is the patent owner or R\u0026D 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 Paddo's previous compensation was very good, because according to California law, their behavior was a leakage settlement with Motorola. As long as there is no such thing in the settlement document, If there are further restrictions on leaks, California's Business and Professions Code will treat Motorola as allowing them to re-develop MOS 6501."

"Because this kind of R\u0026D is in line with the talent mobility policy encouraged by California! It is in line with California's emphasis on reducing duplication of R\u0026D 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 chip 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 not to anyone else!"

‘WTF? ? ? ’

Ethan was shocked!

Did he never expect that California would have such a nonsense law?

Reduce the cost of duplication of research and development between companies and allow patent inventors to engage in self-plagiarism?

Damn it!

Don’t you give the capitalists no face at all?

Ethan can’t understand…

But he was shocked!

Note: ① The latest trade protection law in the United States is the "Trade Secrets Protection Act" signed in 2016. Before that, the federal law was the "Uniform Trade Secrets Act" issued in 1979. ②California's Business and Professions Code was first born in 1915. The code contains provisions that support patent holders in making micro-innovations for 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, the "Executive Order on Promoting Economic Competition in the United States" was signed in 2021. The support for talent mobility is the introduction of the "Business and Professions Code". ③The methods written in the article have real-life examples. The first example is Apple suing Google, emphasizing Android plagiarism. In the early 1990s, Andy Rubin, the father of Android, worked at Apple and created the earliest smartphone system. However, it failed because it was too advanced and the patent remained with Apple. Later he wrote Android and sold it. Gave it to Google. In this case, Jobs repeatedly said that Andy Rubin plagiarized, but the court ultimately did not accept the case because California allows 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 reasons were the same. They did not plagiarize, they only provided Java developers with jobs. Because Java was developed by SUN, as mentioned before, SUN engineers were packaged into Google by Stanford. As for the final result, the Supreme Court considered it to be a fair use.