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US Levels Espionage Charges Against 6 Chinese Nationals
Taco Cowboy writes: The U.S. government has indicted five Chinese citizens and arrested a Chinese professor on charges of economic espionage. The government alleges that they took jobs at two small, American chipmakers — Avago Technologies and Skyworks Solutions — in order to steal microelectronics designs. "All of them worked, the indictment contends, to steal trade secrets for a type of chip popularly known as a “filter” that is used for acoustics in mobile telephones, among other purposes. They took the technology back to Tianjin University, created a joint venture company with the university to produce the chips, and soon were selling them to both the Chinese military and to commercial customers."
It's interesting to note that the Reuters article keeps mentioning how this technology — used commonly as an acoustic filter — has "military applications." It's also interesting to look at another recent case involving Shirrey Chen, a hydrologist who was mysteriously arrested on suspicion of espionage, but then abruptly cleared five months later. One can't help but wonder what's driving the U.S.'s new strategy for tackling economic espionage.
It's interesting to note that the Reuters article keeps mentioning how this technology — used commonly as an acoustic filter — has "military applications." It's also interesting to look at another recent case involving Shirrey Chen, a hydrologist who was mysteriously arrested on suspicion of espionage, but then abruptly cleared five months later. One can't help but wonder what's driving the U.S.'s new strategy for tackling economic espionage.
Back when I learned about this stuff, companies basically had two options to protect their technology: patents and trade secrets.
- If you file for a patent, the theory is that you tell the whole world how it works, but get the exclusive right to produce it yourself, or license it to others. Yes, the patent system has problems, but that's theory. This is supposed to help technology advance, because you can build on other people's work.
- If you go with a trade secret (think: the secret recipe for Coca Cola), that means that you don't want to publish the information, so you receive no protection from the government. Protecting the secret is up to you; if someone steals it, that's your problem. This lack of protection is deliberate, providing motivation for filing patents and publishing information.
What I didn't know is that in 1996, the government passed the Economic Espionage Act. This essentially grants government protection to trade secrets, not only by criminalizing their theft (but that is likely a criminal act anyway), but also by criminalizing the use of the trade secrets by another company.
Of course, the act also explicitly exempts the government; the government can spy on you as much as it wants.
The act also funds the Boys and Girls Clubs of America. You've gotta admire the US Congress - they never miss an opportunity to include pork.
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I wonder if this is a byproduct of the general corporate tendency to look at "innovation" as a way to get a patent which is then used to enforce a monopoly and collect rents. Collecting rents is a disincentive towards more innovation, product improvements and other business efficiencies. Why compete when you can just charge rents?
If there wasn't a patent-and-monopoly mindset, perhaps there would be greater effort put into innovation as a means to more rapidly improve products (as well as a focus on other business efficiencies). If somebody "stole" your IP in this model, it would matter less because your pace of innovation may render the stolen IP retrograde by the time it was turned into useful products, and your sales would be driven by the strength of your products not because you had a legalized monopoly.
[Proof needed]. What fucking sense does it make for the NSA to spy on Brazil's deep-ocean oil drilling technologies if not for giving that info to American* companies?
* Gee, I wonder if Bush's family wouldn't benefit from that info. Noooo, that kind of corruption does not exist, the government is pristine.
There was a similar case like this in Australia where the Australian Federal Police were spying in order to gain advantage in a gas resources deal with poor - and recently "liberated" - neighbor East Timor. When it came to light, the Australian lawyer representing East Timor was roughed up and had documents seized.
These are just the cases we hear about. Presumably the secret service manage to keep their operations secret some of the time.
If it acquires resources on instantiation like a duck, then its a shared_ptr<Duck>