Ethan: I don't understand it, but I'm deeply shocked.

Chapter 55 Ethan: I don't understand it, but I'm deeply shocked.

Ethan never expected that Barbara would sentence MOS Corporation to death after hearing his description.

Although her words were somewhat harsh, Ethan admitted that her line of thinking did seem to be correct.

However, Ethan could not accept this outcome.

I've come to beg for help, and you tell me not to save him, just let him die?

Who could stand this?

"Professor Barbara, this is indeed a difficult matter, and their approach may be quite inappropriate. However, considering they are all STEM technicians, could you please take a look and see if there are any loopholes we can exploit?"

Ethan wanted to try to save him again.

His persistence caused Barbara Babcock to frown slightly.

He glanced at Evelyn.

Noticing the questioning look in her eyes, Evelyn quickly said, "Professor Barbara, we really need your help with this. We all hope that the chip can be successfully launched into the market so that more people can enjoy the true progress of technology."

At this point, Evelyn added, "Although I haven't talked to Mr. Vinton about this yet, I believe that once he understands it, he will definitely support these people in pursuing their dreams. You know, he has been discussing with you the use of technology to promote social progress."

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

"Okay." She took a deep breath.

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

"This isn't the time for legal advice. Just treat this like a friendly chat. I need to know more details."

Since Barbara had already said that, Ethan naturally couldn't offer any more detailed summaries.

He simply stated the information he had gathered.

Barbara's eyes lit up when she heard that most of the production team for the 6502 came from Motorola.

After she learned that MOS had proactively informed her of 6501's infringement, she suddenly stood up, signaling Ethan to stop talking, and waved to them, "Come with me."

This situation left the two somewhat puzzled, but neither Ethan nor Evelyn showed any intention of asking, and they simply followed.

Led by Barbara, Ethan and Evelyn arrived at her study.

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

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

At first glance, the overwhelming sense of weight comes from the power of cheese.

Ethan felt a bit somber here, but Barbara seemed fine. Pointing to the two rows of bookshelves in the middle, she said, "Shelves two, three, and four are all California local law books. Could you help me find one called the 'Business and Professional Code'? Shelves six, seven, and eight are federal law books. Could you help me see if there are any books similar to trade secret protection laws?"

"Ethan will look at the numbers from top to bottom in the order of 2, 3, 4, 6, 7, 8. Evelyn will look at the numbers from top to bottom in the order of 8, 7, 6, 2, 3, 4. I will look at the numbers from the back to the front, the opposite of you."

"Everyone must scan the book titles; make sure not a single one is missed!"

Under Barbara's arrangement, Ethan and Evelyn immediately began the search.

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

It took the three of them an hour to go through all six bookshelves together.

And the result...

They found the "Business and Professional Code" that Barbara had mentioned.

However, there isn't a single book in federal law that deals with trade secret protection.

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

"It seems I remember correctly," she murmured to herself.

Ethan didn't understand Barbara's meaning and exchanged a glance with Evelyn.

All he saw was a blank stare.

Barba, on the other hand, perked up and moved the ten-volume set of the "Business and Professional Code" to her desk. She then frantically searched through the table of contents. About ten minutes later, she found the relevant article and immediately got up, pushed open the door, and left.

"I'll make a phone call."

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

"So there's a result?"

Ethan's lips curled up, his face full of anticipation.

He glanced at the page Barbara had opened, and the dense legal texts made him quickly refocus.

After they followed Barbara back to the living room on the first floor, Barbara spent an hour on the phone.

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

"Hello, Professor Edward... Yes, yes, this is Barbara... I'm calling to ask you a question. Does the United States not have a federal-level trade secret protection law?"

"Oh, you remember that too? So, if a company believes a former employee leaked its trade secrets, then the case will be decided according to the laws of the state where the incident occurred?"

"OK, thanks……"

Later, Barbara recounted her conjecture there—

"Professor Edward, it's like this, I have a case on hand, it's 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're talking about, California's unique Business and Careers Code..."

"Yes, you're right. If the business is located in California, the court won't accept the case, right?"

"Okay, okay, thank you, Professor Edward... Okay, okay, I'll transfer the case to you if there are any problems..."

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

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

Then, in a cheerful tone, he said, "Ethan~ I have a plan~"

These words greatly excited Ethan. "Oh, Ms. Barbara, is there any room for maneuver in this?"

"Of course!" Barbara nodded. "Not only is there room for maneuver, but we can even make it impossible for Motorola to sue."

"! 』

This fact made Ethan's eyes widen. "What do we do?"

The question that slipped out made Barbara hum twice and shift her gaze to Evelyn.

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

"? 』

Ethan didn't understand why Barbara would ask that question.

Evelyn laughed and replied, "Yes, my dad likes him more than he likes me."

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

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

Barbara was very pleased with his coquettish manner.

When she turned her gaze back to Ethan, Ethan, realizing his haste, awkwardly shrugged and said, "Ms. Barbara, I'm sorry, I was indeed a bit anxious just now. Please forgive me if I offended you in any way..."

Ethan's words made Barbara laugh. "That's more like it."

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

"Don't thank me, thank Evelyn."

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

"You have to know, my teacher's consultation fee is the highest in the entire United States, but even so, the number of people who want to consult him could 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 offense or no crime."

"Oh..." Ethan opened his mouth, wanting to express his gratitude but unsure how to phrase it.

Because the teacher Barbara mentioned was indeed a formidable figure in the American legal profession.

The Washington Post was embroiled in a lawsuit for reporting on Mi Tingzong's affairs. The lawyer who pulled it out of the endless legal investigation was Barbara's teacher, Edward Williams. Mi Tingzong angrily declared that he would teach Edward Williams a lesson. However, before he could even take action, he was forced to abdicate in favor of Daizong.

Evelyn noticed Ethan's speechless state and shook Barbara's arm, calling out sweetly, "Barbara~"

"Okay, okay, stop shaking it."

Evelyn's constant interruptions made Barbara shake her head helplessly. "Okay, let's get down to business."

"Ethan, you're right. There is indeed a legal loophole in this matter, but it's not a loophole in patent rights, but a loophole in trade secret protection law..."

Through Barbara Babcock's explanation, Ethan Jones and Evelyn Jensen also understood the legal status of the MOS 6502 product, or rather, they realized that patent infringement can be divided into infringement by the patent inventor and infringement by others.

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

Infringement by others is similar to someone who did not participate in the invention of the Motorola 6800 copying the product.

What are the differences between the two?

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

But for the former, it depends on the specific circumstances.

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

When it comes to protecting 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 enacted by each state. For example, California's code states that "employees must protect the trade secrets of their former employers after leaving the company and must not disclose them to new companies." According to this law, Chuck Patel's research and development of MOS 6501 constitutes suspected trade secret disclosure. Even if MOS 6502 was modified, it still involves trade secret disclosure.

Motorola could sue Chuck Patol from either a patent infringement or trade secrets perspective.

but--

When Chuck Padre proactively informed Motorola about the MOS 6501 patent infringement, and the two parties reached a settlement, legally it could be considered that Motorola was aware of Chuck Padre's leak.

In this scenario, unless Motorola explicitly states in the settlement agreement that Chuck Padre and his team cannot further develop the MOS 6501, then Chuck Padre and his team can continue developing the CPU!

Of course, at this point, the MOS 6502 CPU was still infringing on patents. However, if Chuck Patol and his team moved the MOS company to California, or brought the MOS 6502 product to California for production and sales, then that would be legal!

Because California law protects not only the interests of companies but also the interests of individuals. The California Business and Profession Code contains the following provision: "All contracts that restrict any person from engaging in a lawful profession are invalid. The law should encourage the flow of talent and the dissemination of ideas within the region, reduce redundant R&D time and effort 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're saying is true, and Chuck Patel is the patent holder or a participant in the development of the Motorola 6800, then as long as they sell the MOS 6502 in California, they will be protected by California law."

Barbara smiled at Ethan and said, "Chuck Patel's previous settlement was excellent because under California law, their actions constituted a settlement with Motorola regarding the leak. As long as the settlement document does not impose further restrictions on the leak, then California's Business and Careers Code will consider it as Motorola allowing them to further develop the MOS 6501."

"Because this kind of research and development aligns with California's talent mobility policy! It aligns with California's emphasis on reducing redundant R&D time and effort between companies! It aligns with California's philosophy of efficient utilization of human capital!"

"So, as long as they get the chips to California, even if Motorola wants to sue, the California courts won't accept the case!"

"Of course, this loophole only applies to the patent inventor or those who participated in the patent invention process; it doesn't work for anyone else!"

WTF?!

Ethan was shocked!

He never imagined that California would have such a ridiculous law.

Reduce the cost of redundant R&D between companies and allow patent inventors to copy themselves?

What the hell!

Do you not give capitalists any face at all?

Ethan couldn't understand...

But he was deeply shocked!

Note: ① The latest U.S. business protection law is the Trade Secret Protection Act (TSPA), signed in 2016. Prior to this, the federal law was the Uniform Trade Secrets Act (UQTA), enacted in 1979. ② California's Business and Profession Code, first established in 1915, contains provisions supporting patent holders to make minor innovations to patents they do not currently hold patent rights for. For many years, this code has been considered the true reason for the birth of Silicon Valley. To promote this concept, President Trump signed the Executive Order on Promoting Economic Competition in the United States in 2001, whose support for the mobility of talent is a direct reference to the Business and Profession Code. ③ The methods described in the text have real-world examples. The first example is Apple's lawsuit against Google, emphasizing that Android copied them. In the early 1990s, Andy Rubin, the father of Android, worked at an Apple subsidiary and created the earliest smartphone operating system. It failed because it was too advanced, and the patent remained with Apple. He later wrote Android and sold it to Google. In this case, Steve Jobs repeatedly stated that Andy Rubin had copied them, but the court ultimately did not accept the case because California allows such minor innovations. The second example is the Oracle vs. Google Java plagiarism case, which concluded in recent years. Throughout this decade-long case, Google's defense remained consistent: they did not plagiarize; they merely provided jobs for Java developers. This was because Java was developed by Sun Microsystems, and as mentioned before, Sun engineers were essentially brought in from Stanford to Google. Ultimately, the Supreme Court ruled that it constituted fair use.

(End of this chapter)