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(Wall Street Journal)   The ITC bans any cell phone carrier using phones with Qualcomm chips. In other words, almost every cell phone in the US is now illegal   ( divider line
    More: Dumbass  
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32499 clicks; posted to Main » and Fandom » on 10 Jun 2007 at 5:58 PM (15 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook

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2007-06-10 5:20:44 PM  
Um, no. It bans the import of cell phones using infringing Qualcomm chips. Your phone is not going to suddenly turn off, even if it has the chips inside.

But cellphone companies are FUBAR'd if they want to sell new phones unless they either switch to non-infringing models or get the ruling set aside. I'm sure their lawyers are working diligently on it.
2007-06-10 5:42:08 PM  
Well, everything else I do in the United States is illegal so why shouldn't my primary means of communication be the same?
2007-06-10 5:49:10 PM  
Well, everything else I do in the United States is illegal so why shouldn't my primary means of communication be the same?

Don't worry, enforcement is generally a joke anyway, these days.
2007-06-10 5:56:55 PM  
Article seems to me to be glossing over the main point of contention, which prompted the lawsuit and ITC ruling in the first place:

Is Qualcomm infringing on Broadcom's Patent(s)?

Because, if so, it follows that Broadcom would take all available steps to put a stop to said infingement, including petitioning the government to halt the importation of infringing products from overseas.

The author notes that the ITC's power to ban foreign-made, patent-infringing products was "never intended to substitute for domestic patent-infringement suits in federal courts between two American companies, which is the story here." True, but if it was your intellectual property that was being stolen, you would try every possible avenue to attempt to get the other company to stop.

I don't think it follows that, even while you are attempting to seek recourse in the US for your intellectual property being stolen, the offending company should be allowed to continue to ship in and sell infringing products, just because they were built overseas.

Rulings like this don't mean that we can't get pimp-ass cell phones, or that Qualcomm must stop making phones. They just have to compensate patent owners for using their registered intellectual property.

The author makes several points about the strength of patents, and how the USPTO needs to have different incentives and patent-approving methods. All well and good, but again, how is that relevant to this situation? The author seems to be insinuating that Broadcom's patent is weak, or that it's position is otherwise untenable, without coming straight out and saying it. To me, that sort of hidden agenda stinks of conflict-of-interest journalism.

It doesn't help that this article is almost completely devoid of any types of facts to help the reader determine whether there really is an infringement of intellectual property occurring in this situation.
2007-06-10 6:01:48 PM  

2007-06-10 6:03:10 PM  
As long as I can still fap ... I don't care ...
2007-06-10 6:05:00 PM  
Im in ur cell fone infringing on ur rites.
2007-06-10 6:05:17 PM  
Subby didn't do too well on the reading portion of the SAT, huh?
2007-06-10 6:06:10 PM  
Mugato wins the thread.

Everyone can go home now.
2007-06-10 6:06:44 PM  
Apparently not.
2007-06-10 6:06:49 PM  
Does this affect the iPhone? Cuz I predict street riots if that's the case.

That and Mugato hit the nail on the head.
2007-06-10 6:07:31 PM  
Oh well, I already watch DVDs in an illegal manner, so what if my next phone is illegal.

/Apparently it's a crime the way I pay for DVDs and then use DeCSS to watch what I paid for.
//This country is screwed up
2007-06-10 6:08:32 PM  
Nuclear Monk
The Iphone is I think the only smart phone not effected.

/Mac people will not riot, they will just buy the next shiny thing they see
2007-06-10 6:11:00 PM  
Nighthawk454: That was a well written critique. You summed up my head scratching after I read the article and thought "this guy didn't give me any info."

/glad you didn't grade the BS I handed in on essay exams way back when I was in school.
2007-06-10 6:11:36 PM  
Can you hear me now?
2007-06-10 6:13:39 PM  
I never understood how someone can submit a link and not read their own link.
I refuse to believe that anyone with two or more brain cells could have read it and said...

"almost every cell phone in the US is now illegal"
2007-06-10 6:15:44 PM  
If the chips aren't made here, the patent issue falls to where the chips are made. If Broadcom doesn't have a patent where they are made, the issue gets a lot messier. Patents regard manufacture domestircally, they say nothing about something made abroad. While the ITC can step in, it shouldn't, especially since in this case there's a federal court case pending.
2007-06-10 6:16:47 PM  
Mugato wins.

Also, I really hope G.W.B. overturns this shiat so I can get me an iPhone.

/will be importing it into Canada! Although sadly I don't believe that's illegal, since AT&T is forced by law to be able to unlock phones if you request it. Or so I've read.
2007-06-10 6:19:17 PM  
Oh also for patent reform? In the case of corproations, put in an 8 year limit. Either use it, or lose the patent. No more getting patents to sit on them so someone else can't produce an improved product. And get software out of patent land.

/then there's the matter of copyrights, which desperately need reform
2007-06-10 6:21:33 PM  
from tfa:

" The ITC tried to soften the blow of its ruling by grandfathering existing models and applying the ban only to future models."

submitter fails.

2007-06-10 6:21:35 PM  
crap. and aapl was headed to 160...
2007-06-10 6:22:34 PM  
I work at Qualcomm so I'm....Seriously though, I do, and Monday should be a very interesting day.
2007-06-10 6:23:00 PM  
The as stated before iPhone isn't affected, as it has the Broadcom chip, not the Qualcomm one
2007-06-10 6:23:18 PM  
Smoot-Hawley Tariff of 1930

2007-06-10 6:23:53 PM  
This only affects models that have not yet been released. All released models (Samsung Blackjack/SGH-i607, Sync/SGH-a707, LG CU400/405/500/500v, anything from Sprint or Verizon) can continue to be sold.

This does not affect the iPhone: it does not, tragically, have a 3G chipset, since Apple chose to stay with regular EDGE.

(at&t is not required to help you unlock your phone, they merely can't prosecute others for helping you. If nothing leaks about how to unlock an iPhone and at&t refuses to do it, you're screwed.)
2007-06-10 6:24:16 PM  
actually, it is banned for the IMPORT of phones made with the CDMA phones made in China and imported into the US.

QCOM has 90 days to appeal

iPhone, if manufactured in the US, won't be affected.

/hubby is bigwig in cellphone company
//thank you Qualcomm options circa 2000
2007-06-10 6:25:27 PM  
anyone want to invest in a tele-gram business ? my grandfater knows morse-code and he's got an awsome set of tools.
2007-06-10 6:25:57 PM  
give me doughnuts

2007-06-10 6:28:41 PM  
Uncle Karl

/Mac people will not riot, they will just buy the next shiny thing they see


Mac people have been waiting for this for years. Looking at every Apple patent filing. Wondering at every new iPod rollout when the Holy Grail, the touchscreen iPhone, was going to be released. Dissing the Motorola Rokr thing. Mac people are obsessed with the things Apple sells - everything they sell. They're addicts in the true sense of the term, constantly wanting more and better Mac experiences. Mac people would suck dick for an iPhone. Hell. You could hold an iPhone in front of a Mac fanboy/girl and say, "Oh, by the way. You're going to have to suck Bill Gates' dick before you can have this," and you'd have plenty of takers. Just as long as you kept holding it in front of them, maybe flipping through album art covers or playing Steve Jobs' most recent keynote speech on the fullscreen video.

/is Mac people
//is ashamed
2007-06-10 6:29:09 PM  

why would that cause riots? no one really cares about iphones. no one needs 60gb of storage on their cellphone,
2007-06-10 6:34:37 PM  
robeph: why would that cause riots? no one really cares about iphones. no one needs 60gb of storage on their cellphone,

Right. We only need 640k of memory.
2007-06-10 6:35:52 PM  
ITC? the production company that made The Muppet Show?
2007-06-10 6:37:42 PM  
The iPhone if I'm correct has 4 or 6 GB memory and is made in China. For what that's worth.
2007-06-10 6:38:40 PM  
*cough* the iPhone comes in 4GB or 8GB models, if you want 60GB you're going to need a video iPod.
2007-06-10 6:39:00 PM  
What's the frequency Kenneth?
2007-06-10 6:39:14 PM  
banned from import = illegal now? yet another misleading headline on fark.
2007-06-10 6:44:39 PM  
[image from too old to be available]

//Loves the Verizon ad on Fark's page
2007-06-10 6:44:51 PM  
Yawn. Who cares. I got my Motorola SLVR. That is all the shiny gadgetry I need in my phone.

/I call people with it
//and occasionally take a photo
///but can it make slashies?

#end disinterested douche-nozzle mode
2007-06-10 6:46:57 PM  
The headline was actually the opposite of the actual article.

/Had to be there.
//I forget how it went.
///Someone correct it please?
2007-06-10 6:51:06 PM  
Freak: I work at Qualcomm so I'm....Seriously though, I do, and Monday should be a very interesting day.

Time to start looking for a new job?

bobbette: Mac people would suck dick for an iPhone.

Don't give me any ideas.
2007-06-10 6:51:53 PM  
bobbette With everything you said and it having been a while.. I'm tempted to pickup an iPhone just to see if I can get that kinda response from a cute Mac chick.

/Thanks for the idea!
//iPhone Pimp
///"Oooh baby, you give the best steve jobs."
2007-06-10 7:04:17 PM  
This is weird to me, because both Broadcom and Qualcomm are clients of my company...and when we visit, they are both in CA about 40 miles apart or something. So...I thought Qualcomm was a U.S. company. Maybe they outsource their manufacturing and that's the problem. The chip is made overseas. Hm.

Outsourcing. Let's not get started on THAT shiat.
2007-06-10 7:13:47 PM  
bobbette: Mac people would suck dick for an iPhone

will it help if I cry during?
2007-06-10 7:18:36 PM  
aliceannmarquiess5.googlepages.comView Full Size

"Now how the hell do I go about sendin' you a picture of you all pissed off?"
2007-06-10 7:22:45 PM  
patent-infringing products goes back to the infamous Smoot-Hawley Tariff of 1930--which ought to be a hint that this is a bad idea.

2007-06-10 7:30:40 PM  
ah hell, just hire Paris's lawyer and you will get out of jail in 3 days... that's your oppotunity to run.. cause they'll be coming back for you the next day. What a sad state of affairs it has become. Soon, they will sue everyone into submission...

/notice how they waited until cell phones were really popular?
//who's next?
2007-06-10 7:32:09 PM  
Uncle Karl

Mac people will not riot, they will just buy the next shiny thing they see

Do you get time-and-a-half for regurgitating lame MS propaganda on Sundays?

/If you don't you're a sucker, if you do, you're a douchebag.
2007-06-10 7:33:11 PM  
wesmills: (at&t is not required to help you unlock your phone, they merely can't prosecute others for helping you. If nothing leaks about how to unlock an iPhone and at&t refuses to do it, you're screwed.)

I will be shocked if people don't have that phone hacked in every conceivable way in a relatively short amount of time.
2007-06-10 7:37:03 PM  

The companies can be American and in America, but if their production line is in another country, that is what is being affected.

Qualcomm and Kyocera (who bought out the manufacturing side of QCOM) had their manufacturing company in La Jolla, CA (read: $$$$$$$$$$$$ for rent)

The manufacturing of the phones is now done in China and Qualcomm's chips are made in China as well. Therefore, they are imports even though they are an American based company. Although, technically, Kyocera Wireless is a subcompany of Kyocera based in Japan.

/worked for Qualcomm when there were 800 employees only...
//left when it got to be about 10k
///still can't figure out all the gadgetry on my phone
2007-06-10 7:37:20 PM  
Given the way the courts have been ruling lately, I'm waiting for them to let Micrsoft and RIAA patent oxygen, then sue us all for not paying them royalties.
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