A little more color on the Int'l Trade Comm's (ITC) "Limited Exclusion Order," regarding devices employing QCOM chipsets with power-saving micro-code "pirated" from (oops, "infringing upon") BRCM.
Have now read the actual ITC Order of 06/07/07 (6 pgs).
As the Order's language is consistent with the earlier-cited PC Mag report, the Sammy i760 and HTC x6800 should indeed be grandfathered...for now.
Here's the key portion of the provision:
...exempted from this Order are handheld wireless communications devices that were being imported into the United States for sale to the general public on or before the date of this Order.
The only reasonable interpretation of this language is that the exempted devices
need not have been released, only imported for eventual sale.
But.
While these critical new EvDO models should survive, a 'hint of mint' is apparent. For instance, no model
variants are permitted, such as non-cam i760s or x6800s...
The exempted models must be identfiable by specific and verifiable model numbers, denoting model-specific product specifications, features and functions.
What about permissibility of firmware mods, you ask? Hmmm, a good question left unanswered. (And shows how little the ITC knows about tech, let alone the line between hardware and software...)
Two other points of interest:
1. Bonding: Not Enough
We had wondered about bonding (bond-posting by QCOM and/or handset-makers) as an
alternative to a draconian importation ban. "Necessary but insufficient," says the ITC.
In addition to an outright ban on new-model imports, the ITC is requiring that a bond be posted for each exempted device allowed to be sold. The amount of the bond is set at 5 percent of each device's declared value (presumably, VZW's wholesale cost, or thereabouts). If paid by Sammy or HTC, such a bond is essentially the vendor's entire net profit on each unit. Thus, the device folks will be all over QCOM for having hatched this catfight.
Is "power-saving" IP worth 5 percent of the wholesale value of the radio? And what's QCOM even charging mfgrs for this disgraced silicon? You decide.
2. 60-day Window: Trouble Ahead?
The exemption and bonding provision is specified as good for a period of up to 60 days (the "Presidential Review period") from the date of the Order. If not vetoed by the White House (unlikely), stayed pending appeal, or settled during this period, the ITC Order becomes
permanent. As written, this implies that the
exemption could disappear in 60 days and...we're back to square one. (Read the Order; it's linked below.)
Thus, some sort of timely resolution is essential in this case. If not, the new ringtone could be..."Mobile Revolt."
--BAM
P.S.
As many know, aircards (computer data cards) are altogether exempted from the ban. ("Power-saving" is presumably less critical in laptop applications, so these products lack "bite.")
Any infringing device designated for use by the US government is wholly exempted. (No surprise here...)
The ITC's "Limited Exclusion Order"
Broadcom Corporation - ITC Ruling
