back to article You're Huawei off base on this, Rubio: Lawyers slam US senator's bid to ban Chinese giant from filing patent lawsuits

Patent attorneys are hopping mad at another effort by US lawmakers to undermine Chinese giant Huawei – this time by excluding it from the American patent system. This week it emerged that Senator Marco Rubio (R-FL) had proposed an amendment to the 2020 defense authorization bill that would prohibit organizations on the " …

  1. Vector

    a slap in the face of the basic principle of patent law

    More like a slap to the basic concept of rule of law.

    1. Fatman
      WTF?

      Re: a slap in the face of the basic principle of patent law

      Ole Marco should get out of the Flori-duh sun, it is frying his brains.

      Oh, wait, I have that wrong. He often sits on them!

  2. Starace
    Alert

    Rubio is an idiot

    We already knew this but he always seems keen to prove it in new ways.

    1. Chris G Silver badge

      Re: Rubio is an idiot

      Rubio is a political bimbo who will do anyhting to get his name in the news and his face viewed by as many as possible, with little or no thought as to the consequences of any of his harebrained ideas and thoughts.

      Interestingly Rubio means blond in Spanish.....

      1. Yet Another Anonymous coward Silver badge

        Re: Rubio is an idiot

        >Interestingly Rubio means blond in Spanish.....

        Funnily enough the word for blond idiot in English is 'Boris'

        1. Fred Dibnah Silver badge

          Re: Rubio is an idiot

          And a word for cock in USA English is Johnson.

        2. Milton

          Re: Rubio is an idiot

          Interestingly Rubio means blond in Spanish.....

          Funnily enough the word for blond idiot in English is 'Boris'

          Since we're playing this game, may I add that English slang for loud, evil-smelling flatulence includes, both as noun and adjective, the word "trump".

          I'm guessing that there will be extensions on the use of 'boris' as 'idiot'. Perhaps serial liars will be called 'borises' because they've been 'borising'. Or maybe more elaborate constructions will arise, as a man caught lying was "severely emborised"?

          And there's always the Guardian's cartoon pages, showing the Tory leadership candidates as series of buttock cleavages emerging from their collars.

          So, you could call somebody a 'borarse'.

          Hm, yeah, I'll stop there ...

  3. veti Silver badge

    Look on the bright side

    If this passes, the US will have withdrawn from WIPO, so we'll all be free to copy as much of their tech as we can get our hands on.

    Sounds like fun.

    1. Anonymous Coward
      Anonymous Coward

      Re: Look on the bright side

      Back to the 19th century when the US ignored foreign patents and copyrights. What could possibly go wrong?

      Well, one thing is that 19th century US is China today. Getting China on board with Western IP was seen as a way of regularising world trade. Rubio wants to give China a complete getout clause for US patent infringement, and divide the world into the US and Chinese spheres of influence. It might not end the way he thinks it will.

      1. Pascal Monett Silver badge

        I'm pretty sure he hasn't given a moment's thought to how it will end.

        He obviously can't think that far.

        1. Anonymous Coward
          Anonymous Coward

          Squirrel!

      2. aks

        Re: Look on the bright side

        The Nikkei (Japanese media company which also owns the Financial Telegraph) has a cover article from their English-language magazine describing this as potentially a new Iron Curtain descending.

        https://asia.nikkei.com/Spotlight/Cover-Story/Fears-of-digital-iron-curtain-spread-as-US-and-China-dig-in

      3. Michael Wojcik Silver badge

        Re: Look on the bright side

        It might not end the way he thinks it will.

        Rubio's an idiot, but my best guess is he's assuming this will never make it out of committee, so he can just use it for political points with the less-bright of his constituents.

  4. Anonymous Coward
    Anonymous Coward

    Dear Mister Trump.

    How much does America owe China due to all their infusions of cash to help prop up our economy?

    How many square miles of our country do they own either outright or via proxy?

    How many American businesses are owned either whole or in part by Chinese stakeholders?

    How much damage would it do to this country if China decided to demand payment in full of our debts, evicted all our citizens from *their* property, pulled out of the companies in which they've invested & demanded to be paid in full for their shares, & generally pulled the rug out from under us?

    You shouldn't try to play hardball with an opponent that has bigger balls than you as it tends to get you hoist by your own petard.

    Signed, an American Voter.

    1. Trollslayer

      Re: Dear Mister Trump.

      All China has to do is stop buying US Treasury notes.

      1. Sanguma Bronze badge

        Re: Dear Mister Trump.

        Actually, all that the PRC needs to do is remind the US Congress that manufacturing is only part of the process, and that getting the goods to market is a large part of it as well, and if US bridges keep falling down like the I-35W in Minneapolis in 2007, manufacturers worldwide might lose confidence in the US to constitute a market worth exporting to. ("worldwide" includes US manufacturers as well: no point in manufacturing stuff in California if you can't get it to market in New York, New York.)

    2. Milton

      Re: Dear Mister Trump.

      How much does America owe China due to all their infusions of cash to help prop up our economy? How many square miles of our country do they own either outright or via proxy? How many American businesses are owned either whole or in part by Chinese stakeholders? How much damage would it do to this country if China decided to demand payment in full of our debts .... You shouldn't try to play hardball with an opponent that has bigger balls than you as it tends to get you hoist by your own petard.

      What you say is broadly true, though the legalities of some of these actions aren't exactly cut-and-dried. China does own a staggering pile of US debt (bonds and suchlike) and might deploy this as a weapon, but it's a two-edged sword. Trade war, as the Orange Imbecile has proved, tends to hurt both sides.

      What worries me more is not whether China has "bigger balls" but "bigger brains". If you look at the people now running things in the White House (and a fair proportion of Congress), they're strikingly second- and even third-rate intelligences. Listen to 'em speak for a while, look at their command of fact and reasoning: there are an awful lot of troublingly and transparently thick politicians out there. Trump has got rid of all the smart people—intelligent enough to think for themselves, weigh evidence and think logically, then contradict him—and now has surrounded himself with some seriously dim bulbs, like Pompeo and Bolton. His entire administration is characterised by mediocrity (look at clowns like Ajit Pai and de Vos, etc).

      The Chinese regime, by contrast, vile though it undoubtedly is, tends to have a lot of notably smart people at the top.

      And it's an issue in other hotspot relationships. All the commentators and talking heads focus on the politics and the personalities but they're mostly overlooking something really worrying: from Tehran to Beijing to North Korea to Russia—in every case the American top team is intellectually outmatched, easily, by the other guys. It's not just that Trump is as thick as pigshit; he's winnowed out the smart, intellectually honest people around him. It surely is no surprise that in every one of these cases, the US has been out-manouevered and is coming off worse.

      Trump lickspittles Putin and looks like a kid in short trousers next to him. North Korea has committed to nothing while Trump fawns over Kim. Iran is chortling as US warmongers begin to realise what they cannot do. Even China, going back to topic, has ample cards yet to play as the US gets itself into ever-messier tangles over trade policy.

      This won't end well.

      1. Anonymous Coward
        Anonymous Coward

        Re: Dear Mister Trump.

        The only thing I disagree with in that is describing the Chinese régime as "vile". They've killed rather fewer people than the US has since 2000, and raised an awful lot more out of poverty.

        Simple test: where would you rather live, Baghdad or Beijing?

        Of course, if you want to argue that almost every government is vile, I won't stop you. Scum rises to the surface.

      2. Anonymous Coward
        Anonymous Coward

        Re: Dear Mister Trump.

        >This won't end well.

        2020 can't come fast enough. The damage will be long lasting but probably not brexit long lasting at least.

  5. Anonymous Coward
    Trollface

    Too late to ban

    Moves like this might have been able to contain China's develppment in computing and telecoms 20 years ago, when China had minimal indiginous R&D capability and had no choice but to rely on the western designs and western IP. By now it's too late - while the Chinese can and do use the US-sourced technology to a good effect, they also have adequate, if sometimes less polished, domestic technologies in nearly all areas of computing. Blocking their access to US technologies might slow them down by a few years - but at the cost of making the US-developed technologies less relevant and ultimately risking killing them off altogether.

    A case in point is the fate of the Intel's Xeon Phi, which was a nearly-perfect HPC cluster-on-a-chip - easy to program, versatile, and delivering exceptionally good performance for a broad range of applications. China's supercomputers were soaking up a very large fraction of these chips - so naturally the US government decided to block their sale to China. While this wasn'g the only reason behind the Phi's eventual cancellation, I would be very surprised if the loss of the key market didn't contribute to the outcome. And Chinese supercomputing industry? Doing very well, judging by the Top-500 rankings - although probably not quite as well as it would have done otherwise.

    Give it a few years more, and I won't be shoked if the US is reduced to sourcing the next genefation of supercomputers from China :o)

    1. Bronek Kozicki

      Re: Too late to ban

      "US is reduced to sourcing the next generation of supercomputers from China"

      ... by which time China might be unwilling to sell its top technology to the US.

  6. Trollslayer
    Flame

    US or China?

    The US is the more two faced and duplicitous by far.

    I know of an instance when the clearly stole technology from the UK.

    1. Mike007

      Re: US or China?

      Technology stolen from the UK then treated as if it was a US invention? Hmm...

      Are you referring to secure encrypted communications, which they tried to prevent the rest of the world from having through export controls even though it wasn't even them who created it?

      Or... were you just referring to computers in general?

      1. Saruman the White

        Re: US or China?

        Probably both.

        In addition to this, at the end of the Second World War there was an agreement between the USA and UK to share the scientific/engineering spoils recovered from Nazi Germany, along with the scientists and engineers themselves. However the US gov at the time allowed (and perhaps actively instructed) the troops to divert everything they could get their hands on to the US; this even included equipment and personnel in the process of being shipped to the UK. That is how the US got hold of Werner von Braum (sp?) (the designed of most of the US's early rocket boosters, including theSaturn-V).

        1. Yes Me Silver badge

          Re: US or China?

          You're referring to Operation Paperclip, which is well documented. However, the main weapon was money: if you were a German scientist living in the ruins in 1945-50, and you were offered the choice between an underpaid job in Britain (also in ruins then) and an overpaid job in the US, which would you have chosen?

          Also, as in the case of von Braun, the Americans were probably more willing than the British to overlook small details like hiring Nazi war criminals.

          The Brits did get some technology though (I even studied some of it as a summer student intern in 1965 at an AEI research lab). The Russians simply took entire factories home to Russia.

    2. Irongut

      Re: US or China?

      "I know of an instance when the clearly stole technology from the UK."

      Only one? You must not know much about technology then.

    3. Jou (Mxyzptlk)

      Re: US or China?

      And lets not forget the amount of knowledge stolen from Germany. B2 stealth a US design? No, not really, just a copy of Horton Ho 229...

  7. Claverhouse Silver badge

    Donald Trump is a vile terrible person: his ultimate win over 1stly, Rubio and 2ndly, Hillary, was however a signal Grace of God to an undeserving world.

  8. Adrian 4 Silver badge

    Streisand effect

    "The move effectively bans Sugon – a leading Chinese supercomputer maker, and its chip-designing subsidiaries, from buying American technology without permission from Uncle Sam."

    Cue a new generation of chinese supercomputer chips which will drive Trumpton further into a technological backwater.

    1. Paul Herber Silver badge

      drive Trumpton further into a technological backwater.

      That was Camberwick Green!

  9. Christoph

    "acting contrary to the national security or foreign policy interests of the United States"

    Seriously? The US is banning a foreign company for that? They are saying that everyone in the world must grovellingly act in the best interests of the US?

    They've gone barking mad.

    1. Anonymous Coward
      Anonymous Coward

      Panic

      They are actually so frightened of the rise of China that the responses are increasingly bizarre.

      One problem, I am sure, is US racism among the WASPs who dominate the Republicans and the management of government. The EU growing was tolerable, they are white people. But ever since Japanese farmers were evicted from California at the end of the 19th century the "Yellow peril" has affected US-Asian relations. They are OK so long as they are digging ditches in wartime or assembling iPhones. But thinking they are as good as the White Man? See the history of the 20th century. 70 000 dead in Vietnam for starters.

  10. Nick Kew

    Credit where credit's due

    I truly hate to say this of patent attorneys, but in this instance they're right.

    Whereas patents have become an instrument of piracy in the modern world, so long as they exist they need to be subjected to basic principles one might loosely describe as Rule of Law.

  11. Anonymous Coward
    Anonymous Coward

    Rubio is Brilliant

    Chinese require technology disclosure to do business in China and American IP is mimicked and oft times outright stolen. Chinese also make it very difficult to do business and sell tech goods in China.

    How is Rubio’s proposal and Trump’s administration actions any different than what the thieving coercers do to the yanks?

    Perhaps the Chinese should work with Trump to protect each other’s IP as opposed to the B.S. they are trying to pull-off.

  12. Anonymous South African Coward Silver badge

    Things sure will get interesting.

    Popcorn, anyone?

    If you deprive somebody of a certain product, they will go and produce their own - which may be cheaper and better than your product.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Biting the hand that feeds IT © 1998–2021