Bonum Certa Men Certa

Devices: When Allegations of Software Patent Infringement/s Can Result in Theft (Confiscation) of Physical Devices or Embargo

Theft



Summary: The embargo dilemma and how bad things have gotten in Europe and North America; products get stolen and booths raided before proper justice is concluded (complete with appeals, expert witnesses and so on)

SANCTIONS against distribution of code are hard, especially in the age of the Internet. Even binaries, not just code (proprietary and Free/libre software, respectively). Software in general is difficult to police. Attempts to ban 'export' of encryption to particular countries, for instance, were never successful. These were farcical at best and they vividly demonstrated politicians' inability to grasp what software is (the notion of 'export' is itself inapplicable in such a context).



Over a decade ago we wrote about how codec patents (basically software patents from the likes of MPEG-LA) were used to raid booths and steal products of companies (in bulk). It was despicable and media did pay attention at the time. It happened in Europe. Later it happened in the US as well, thanks to the likes of CES and ITC.

"Over a decade ago we wrote about how codec patents (basically software patents from the likes of MPEG-LA) were used to raid booths and steal products of companies (in bulk)"We are particularly interested in how ITC sanctions export/import on the basis of software. A decade ago Microsoft used the ITC to embargo a rival whose mice it alleged to have infringed patents (hardware), but what happens in the post-Alice age in the US? Can mere allegations result in embargo or -- even worse -- confiscation? It's like controversial civil forfeiture on the basis of patents alone (and likely baseless accusations/assumptions).

We aren't saying that infringement should never result in action. We are not insinuating that all patents are bunk. Consider this new story, which involves hardware and patents. "Skybell Technologies, "it says, "has filed a lawsuit claiming its Santa Monica competitor, Ring, copied its technology and is profiting from advertising and marketing techniques rather than innovative software and hardware."

No recalls or confiscations but an actual legal process. Like that followed in Cisco v Arista.

"This whole charade will one day backfire on the West; China might start banning lots of US brands such as Apple. "Patents" will be merely a pretext, just as "free speech" already gets used to ban particular foreign products in China (or compel the producers to censor and appease the Communist Party)."There's this upcoming lecture (a fortnight ahead) titled "Leveraging Patent Rights" -- whatever they actually mean by "Leveraging". "With a growing portion of innovation embodied in software," says the abstract, perhaps neglecting to take Alice into account. You cannot patent software and also enforce it in a high court anymore. Forget about it. But what if patent bullies actually manage to steal or embargo products before the matter is dealt with by a judge? That's a legitimate question.

According to yesterday's two articles [1, 2] from a patent bullies' Web site (IAM), embargoes are still a 'thing'.

The first article concerns hasty embargoes using patents (embargoes are not justice; they're coercion by the powerful oligopoly, typically with connections in government, i.e. customs). It's about Mobile World Congress, which is a month away:

The Mobile World Congress, the world’s largest gathering of companies in the mobile communications industry, is taking place in Barcelona this year from 26th February to 1st March. Businesses from around the world will be there, exhibiting current products and launching new ones. Over recent years, the Barcelona commercial court has developed a fast track procedure to deal with alleged IP infringements in the lead up to and at the event, which includes the possibility of successful plaintiffs obtaining a range of potential remedies – including preliminary injunctions, as well as the seizure of infringing products. Importantly, as Spanish company Fractus proved last year, these measures work in practice.


This has already caused major embarrassment in the past. Are they planning to do it again this year?

The second article is about the US. This one too (from the same day, yesterday) is about patents as tools of embargo; bad for customers, no doubt, but when an agency like the ITC is a US entity (the "I" stands for "international", which is laughable) it's no surprise that it almost always bans products from Asia, not products of US brands (like Apple) which do the manufacturing in Asia and then import everything from there. To quote IAM:

As service providers prepare their annual deep-dives into US patent litigation statistics, it looks like the overall number of new district court cases filed will have fallen by about 10% between 2016 and 2017. But over at the International Trade Commission, the number of new investigations increased by around 13% last year, according to figures from Lex Machina. For major Asian tech companies, the ITC is a continuing concern; but it’s not the number of cases, but rather some recent legal developments that are garnering the most attention.

Governments in South Korea, Taiwan and mainland China have all warned about the effect of ITC probes on domestic industry in recent times. This level of attention speaks to how large tech companies in those jurisdictions gauge business threats from patent enforcement in the United States. Because it sits at the intersection of IP and trade law, an increase in ITC complaints against Asian firms was one of the most common predictions I heard last year when I asked experts around the world what impact the Trump administration might have on the patent world.


Curiously, as we noted here before, China has begun responding (to a lesser degree) by imposing embargoes also from within China. This whole charade will one day backfire on the West; China might start banning lots of US brands such as Apple. "Patents" will be merely a pretext, just as "free speech" already gets used to ban particular foreign products in China (or compel the producers to censor and appease the Communist Party).

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
 
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025