Qualcomm Appeals To The Top: Asks Bush To Veto Phone Ban
from the live-by-the-sword dept
Earlier today, we wrote about Broadcom succeeding in getting the International Trade Commission to ban the import of new phones using Qualcomm technology, noting that it was a way of routing around the rules of the patent system. What we left out was that Qualcomm, of all companies, is one of the biggest defenders of the patent system and tends to want stronger patent laws. In many ways, Qualcomm's entire business is based on its patents -- so this really is something of a "live by the sword, die by the sword" situation (though, we doubt that Qualcomm recognizes this). However, in response to the ITC ruling, Qualcomm has decided that it deserves some special attention from the top: it's asking President Bush to veto the ITC order. Yes, President Bush will now be deciding whether or not Broadcom can enforce it's patents, forcing Qualcomm to settle. Qualcomm also has some help. All of the handset makers that use Qualcomm chips are weighing in on how ridiculous this is. In the meantime, it appears our fears about the use of the ITC as a second crack at patent enforcement are definitely coming true. The latest is that Ford has convinced the ITC to ban the import of certain after market grilles, headlights, bumpers, side-view mirrors and taillights for the F-150 truck -- saying that they infringe on Ford patents.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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According to this article...
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According to this article...
http://db.tidbits.com/article/9031
All chips created after June 7, and with a 3G moniker, are banned. Don't know how they determine that, exactly, but...
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they might be..
It would be no different than if Apple were to want to prevent someone from shipping iMac(the first incarnation) shaped PC's to the States. It would also protect consumers from people who would prey on those who only knew what an iMac looked like and nothing about the computer itself. It would be a bad day if you realized you bought a Windows PC when you thought you were buying an Apple.
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Re: they might be..
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I'm simply not limited by a one-tracked mind that many people who are strictly anti-IP have.
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Re: they might be..
Allowing design patent protection to prohibit "unauthorized" manufacture of vehicle replacement parts could even prohibit anyone not authorized by the OEM from performing repairs to a vehicle to restore its original "patented" appearance. After all, what is a repair other than the manufacture or re-making of part of a vehicle? Suddenly it becomes illegal for the local body shop, or even the owner, to recreate the vehicle's original "patented" appearance. No, only someone licensed by the OEM, such as the dealer, can do that.
The OEMs have been trying to pull legal stunts like this and others (e.g. using the DMCA to make it illegal for anyone but the dealer to service the engine) to kill off competition for years but so far they haven't had that much success in the courts. So Ford just got this brilliant idea to bypass the courts go directly to the ITC.
Now, while a lot of folks can plainly see the danger here, the OEMs and those in bed with them will argue that they have a "right" to take advantage of "their" vehicle owners in this manner. Yes, they often speak and behave as if they think they own the owners even if they don't come right out and say it. They will then accuse anyone making less expensive replacement parts, and thus reducing what they can fleece "their" owners for, of being "pirates" and "stealing" and "ripping" them off.
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Re: Re: they might be..
If you want to buy aftermarket equipment then buy something that doesn't infringe on the original design. What you're describing is wanting to buy something that looks EXACTLY like what you bought from the OEM while not paying the OEM for their design. They should have some right to protect the design for a short time, and while 14 years is a little longer than I'd like, it's better than 100+ years.
What you're describing is like buying M$ Windows and then bitching because M$ wants to protect their design and so they make it so you can't install parts of Linux on the machine but they'll sell you X component to make it safer. Waaaaah!!!
The field of IP is in chaos and it could be improved but bitching about something that actually does have a limited lifetime, the thing we've said is needed for copyright, is just retarded. Even worse, it's the *design* that's protected so it could be legally and easily circumvented in several ways.....but it's much easier to whine about how you want an original Picasso painting when you can barely afford a poster, isn't it.
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Qualcomm is the most important mobile technogology
But they are the good guys. These people are responsible directly or indirectly for almost all progress made in the mobile market in the last 10 years. The actually invent, research, and develop.... and then licence to other companies.
They do not force their technology, their technology is bought and used due it's superior design and innovative approach, by other big companies.
They have absolutely insane lawyers, but they are needed to back up the brilliant R&D.
They are not the bad guys
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Re: Qualcomm is the most important mobile technogo
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Ford is stupid.
Its totally different from some other company making Imac shaped pc's. Those are two distinctly seperate items that people can choose between. Now if a car automaker called JoeSchmoe's built trucks that used the same design headlights and grilles that a ford used, that would be an issue. Someone might buy JoeSchmoe's cause it -looked- like a ford, but wasnt. Hence, ford would lose money to someone using their designs. Thats bad.
I dont think the pres should have veto power over anything. Hes an idiot as it is. Bush cant even figure out what to do about Immigration or the IRAQ war. They want him to figure this phone thing out? ROFLMAO.
Oh, er, yeah. Qualcomm? Theyre screwed. Maybe they should steal other peoples technology next time.
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Re: Ford is stupid.
It's simple for him. All he has to do is determine who the bigger party "donor" is. I bet he can figure that out.
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Re: Ford is stupid.
It's one thing to make something based on a design, it's another to simply steal the design.
If you made some artwork that you expected to get paid for, are you going to tell me that you'd idly sit by while someone else cashed in on it? Unless you're just stupid, probably not, but you'd probably not complain too much if someone made some artwork that was inspired by yours and used pieces here and there of your original.
Big difference between what you're trying to defend and what is actually going on.
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Doh
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I think maybe they are referring to aftermarket OEM parts. If you break your original taillight, and want to replace it, you can go to Ford for (just an example) $200.00. You could also search out an aftermarket parts distributor, and maybe pay (an example again) $125.00 for the same taillight, just one made by someone other than Ford.
That would cost Ford alot of money.
BTW, I'm just speculating as to what may be referred by aftermarket parts.
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A consumer buys a Ford and has to pay for all the parts on it. If a taillight breaks, and Ford is the only one who can make those parts, then the consumer HAS to pay whatever Ford wants, no matter how expensive, or go without the taillight. Allowing aftermarket parts protects consumers, and reduces waste and ineffeciency in the market.
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I can tell you now, if I couldn't get aftermarket parts for my project car - well, I would have gotten a different car ;)
Although - in many cases the original equipment is in fact best, at least I have the option.
And heck, just today, I still went and bought original GM parts, even though other stuff was available. In some cases, they really are the best parts, in other cases - aftermarket's much better.
There's a whole industry of aftermarket performance car parts - and I daresay if GM, Ford, or whoever tried to shut it down, there would be severe retribution by the consumer and the aftermarket companies wouldn't make parts for it - cutting out an entire market. Even though many of the custom car parts are made by companies such as Moroso, Edlebrock, etc - I can 100% guarantee many custom car builders will not accept anything but original equipment for certain things..
And it's also precisely why I do not buy 'boxed' computers, such as Dell, Gateway, etc - I don't want to be locked into buying parts from a single company.
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Re: Ford
I find myself having a harder time forming an opinion. OEM parts are just that, the same stuff used on the line to assemble the car. They are tested and guaranteed to be at spec with the original part. Aftermarket parts cannot make the same claim. Independent studies have show that aftermarket parts, while cheaper, typically are not of the same quality. I don't know about you, but I'd rather not have a bumper (a personal protection device) on my car that wasn't guaranteed to be the same quality as that of the original manufacturer (which has it's items rated for safety by government agencies).
So what do you do? What would be the incentive to make any new part for a car if a competitor can come in and make the part (while inferrior) for 50% less? Then market forces and consumers are making the final choice right? Well, what if it's economically unfeasible to do so? What I mean by that is insurance companies. We all know they're the devil, and they want to maximize profit even if that means paying for an inferior product. If they can get a part for 50% of what Ford charges, they'll go for the cheaper every time (even if the product isn't up to snuff). I don't disagree that regulation should be placed for minimum safety on insurance companies... but that doesn't exist wholy, and every insurance company in this country is in collusion not to rock the boat to much in one direction. It's best for them to mutually agree on that point.
So Ford is using every angle it can to maximize their return on investment and produce a better quality product. Is that justified or not? What does everybody else think?
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Personally, I think you're full of s**t.
"They are tested and guaranteed to be at spec with the original part. Aftermarket parts cannot make the same claim"
really now? it must be soooooo difficult for aftermarket parts manufacturers to get a hold of a Ford car and all the components on it...
"Independent studies have show that aftermarket parts, while cheaper, typically are not of the same quality"
be a good shill and at least provide links to those (supposedly) independent studies.
"So what do you do? What would be the incentive to make any new part for a car if a competitor can come in and make the part (while inferrior) for 50% less?"
Oh please, they make the parts already for the cars they sell, it's not like you can buy a new car from a dealer without a grill, headlights and bumper and then put your own on.
You're not doing a very good job if it's this obvious that that's what you're shilling...maybe your check shouldn't be in the mail...
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At least I should be compensated for the difference in resale value after they force me to use knock-off parts.
Would you pay the same for a car with a knock-off bumper versus an OEM? Even if you knew both were in a wreck, the knock-off bumper (no matter how good a copy) is still there because it's cheaper. What other corners were cut in the repair?
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Why ban the importation of handsets?
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