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

Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
 
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day