Cisco vs. Huawei: Intellectual Property
Introduction
On Jan. 23, 2003, Cisco Systems, Inc. announced that it has filed a lawsuit against a Chinese equipment manufacturer, Huawei Technologies, Co., LTD and its subsidiaries, Huawei America, Inc. and FutureWei Technologies, Inc. over Huawei's unlawful copying of Cisco's intellectual property. Cisco is the worldwide leader in networking for the Internet with the headquarter located in US. Huawei, based in Shenzhen, China, is China's biggest telecommunications equipment maker, has a wide reach in Asia, and recently entered the U.S. market, challenging Cisco on the pricing front. Because the lawsuit happens between two representative companies of telecom industry in US and China respectively, so it attracts many attentions in IT industry from the beginning of Cisco's announcement.
Details of the lawsuit
Cisco's suit, filed in the United States District Court for the Eastern District of Texas, alleges that Huawei unlawfully copied and misappropriated Cisco's IOS. software, including source code, copied Cisco documentation and other copyrighted materials, and infringed numerous Cisco patents. Cisco seeks remedies to prohibit the continued misappropriation of its intellectual property by Huawei and recover damages resulting from Huawei's illegal actions.1
Cisco's complaint addresses the following claims:
. Copying of IOS source code: Cisco alleges that Huawei has copied portions of the
Cisco IOS source code and included the technology in its operating system for its
Quidway routers and switches. Huawei's operating system contains a number of text
strings, file names, and bugs that are identical to those found in Cisco's IOS
source code...
... middle of paper ...
...p://www.chinaitlab.com/www/news/article_show.asp?id=8117
Hot discussion: Do we need to protect Huawei and against Cisco?
http://www.chinaitlab.com/www/news/article_show.asp?id=7872
Michael Singer, "3Com, Huawei join hands behind Cisco's back"
http:// www.internetnews.com/ent-news/article.php/2119621
Paul Andrew and Michele Matassa Flores, "Internet Wars -- Can Microsoft Rule the Web?", The Seattle Times, March 09, 1997, Sunday, Final edition, Pg.Al.
Judith Silver, "Users show that popularity isn't everything", Government Computer News, v11, n18, August 31, 1992, p.16
H.Stephen Harris Jr. and Philiilp R.Stein, "Brief Summary of Antitrust Law Regarding 'Leveraging' ", 1995.
http://www.antitrust.org/law/leverage.html
Baumol, William J. and Alan S. Blinder. Economics: Principles and Policy, Sixth Edition, Forth Worth, etc. : Drden Press, 1994.
In doing so, they used 3 different logical structures in their arguments: precedent, degree, and analogies. Tim Cook debated with a constructive argument, “to guarantee such a powerful tool isn’t abused and don’t fall into the wrong hands is to never create it” (The Guardian, 2016). This is an example of degree argument, as the audience will automatically agree with any arguments with less of bad things because it is good. Apple knows there are no other cases like this one, so there’s nothing to compare to. Letting the government into the iPhone only this one time can set a dangerous precedent that can potentially force Apple to force open every iPhone in the future at government request. This became a heated legal battle, granting the access in their products for law enforcement was compared to “a political question” by Apple with an analogy (Yadron,
ZEE. (2010, February 27). Newsweek in 1995: Why the Internet will Fail. Retrieved from The Next Web:
Halsall, Paul. "Internet History Sourcebooks Project." Internet History Sourcebooks Project. Fordham University, n.d. Web. 11 May 2014.
http://www.ffiec.gov/nic Rabboh, Bob; Bartson, Ronald J. Principles of Economics. Pearson, 2002. "The 'Peter's'" The Federal Reserve Board of Directors. http://www.federalreserve.gov
...d. The creation of the new operating system will also create a dangerous precedent for future companies that will affect everyone negatively. The risk that will arise from this conflict could possibly allow the FBI and hackers to all Apple customers privacy. Though making the backdoor system would help the FBI obtain all necessary information regarding the San Bernardino Terrorists, this create a domino effect that will ultimately affect all people. The FBI claims that they will only use the operating system once if they receive it but prior evident proves that it will not be true. Apple has the legal right to refuse creating a new IOS software to get suspected terrorists IPhone because it will invade all privacy of all Apple customers, it will set a precedent for future companies, and the FBI will mislead Apple into believing they will not use the IOS system again.
"Internet History Sourcebooks Project." Internet History Sourcebooks Project. N.p., n.d. Web. 23 Nov. 2013. .
Kyne, Phelim. "Microsoft Launches Piracy Complaints Against 3 China Cos." SmartMoney 10 Sept. 2004. 23 Sept. 2004 .
Heilbroner, Robert. "The Economic Problem." The Making of the Economic Society. Englewood Cliffs: Prentice Hall, 1993. pp. 1-15
The New York Times, 02 Dec. 2008. Web. The Web. The Web. 21 Apr. 2014.
Halsall, Paul. "Internet History Sourcebooks." Internet History Sourcebooks. N.p., Aug. 1997. Web. 31 Dec. 2012.
Cisco Systems, Inc. is a leader in networking for the internet, they develop hardware, software, and services to help create internet solutions that make internet networks possible. Cisco was founded in 1984 by a small group of computer scientists from Stanford University. They are a worldwide company with headquarters in: San Jose, California, Amsterdam Netherlands, and Singapore. Currently, they employ approximately 74,000 people throughout the world. Cisco operates on a set of values which include: change the world, intensely focus on customers, make innovation happen, win together, respect and care for each other, and always do the right thing. They show these values through global involvement in education, community, and philanthropic efforts. (Cisco, 2004)
This paper provides the relevant knowledge of international business to examine and analyse the key issues for Huawei in its business and the international market place. Firstly, a brief introduction of Huawei will be given and its main drivers in emerging markets will be presented under the theory of foreign direct investment (FDI) before showing its entry mode. Then, there will be a discussion about the core external environmental issues that Huawei underwent when it operated its business in emerging markets: India and South Africa. Next, it looks forward to justifying the key opportunities and challenges when it moves in to India and South Africa. After that, Huawei’s international business operations with the evaluation of its company structure as well as control mechanisms will be specified. This part includes a section that how human resources management (HRM) impact its international business operations. At the end, the suggestions of external environmental issues need to be coped with in the future will show before drawing a conclusion.
...and didn’t credit those deserving of it. “We have always been shameless about stealing great ideas” remarked Steve Jobs. Apple always came off as the dominator of the technology world, but in the recent years they are falling down. In order to get back on top, Apple needs to create a product so revolutionary that even their competitors would be stunned. Apple seemed to be an “undisputed king” but after the death of Steve Jobs, Apple seemed to come in second after their competitors. Another problem Apple has to pay closer attention to the treatment to their employees in their factories all over the world because these laws are not only in violation of local laws, but national laws as well and could cause a lot of problems for the company As Apple gets bigger they experience problems with employee treatment, keeping up with expectations and their success over seas.
Sullivan, A., & Steven M., (2003). Economics: Principles in action. Upper Saddle River, New Jersey : Pearson Prentice Hal
LAN TIMES; June 1995, v12 n12 p44 "Sun, Netscape to wake up Web users" Raynovich, R. Scott