Hi Folks,
I refer people to: https://www.hytera.com/en/home.html
Please no shooting this messenger! This is informational to show what is happening in our world these days.
73
Steve I
VK3VM/VK3SIR
A recent development for the General Information of all DMR Users
Re: A recent development for the General Information of all DMR Users
This court order is a further step in the long-running trade secrets dispute between Motorola and Hytera.
The court order is one of the lousiest pieces of legal drafting I've seen in a long time. My legal training is in a different common law jurisdiction (England and Wales), though this is far from the first US federal judgment that I have read. I am unclear of the exact scope of the injunction. As written, it appears to restrain any Hytera distributor or customer anywhere in the world from selling or distributing (including, perhaps, throwing away or sending to e-waste) any two-way radio product of any manufacturer, which is nonsensical. A US federal court cannot gain jurisdiction over actions that I carry out in the United Kingdom as a private individual with British citizenship and no links whatsoever to the US just because I had once owned a Hytera radio (in fact, I have never owned any Hytera equipment). Moreover, it would be a massive own goal for Motorola if Hytera distributors cannot now sell Motorola equipment without infringing the injunction!
I suspect that, as a matter of construction, the injunction only applies to Hytera two-way radio equipment and restrains the actions of Hytera and its subsidiaries worldwide, plus all associated persons with actual notice of the injunction within the United States. I feel that the judge, her clerks, and any of Motorola's lawyers who were involved in drafting the order could have made things clearer for the many recipients of this order.
The court order is one of the lousiest pieces of legal drafting I've seen in a long time. My legal training is in a different common law jurisdiction (England and Wales), though this is far from the first US federal judgment that I have read. I am unclear of the exact scope of the injunction. As written, it appears to restrain any Hytera distributor or customer anywhere in the world from selling or distributing (including, perhaps, throwing away or sending to e-waste) any two-way radio product of any manufacturer, which is nonsensical. A US federal court cannot gain jurisdiction over actions that I carry out in the United Kingdom as a private individual with British citizenship and no links whatsoever to the US just because I had once owned a Hytera radio (in fact, I have never owned any Hytera equipment). Moreover, it would be a massive own goal for Motorola if Hytera distributors cannot now sell Motorola equipment without infringing the injunction!
I suspect that, as a matter of construction, the injunction only applies to Hytera two-way radio equipment and restrains the actions of Hytera and its subsidiaries worldwide, plus all associated persons with actual notice of the injunction within the United States. I feel that the judge, her clerks, and any of Motorola's lawyers who were involved in drafting the order could have made things clearer for the many recipients of this order.
Re: A recent development for the General Information of all DMR Users
Guys.
While it's good to keep up to date with radio related news, AFIK this does not affect the OpenGD77 firmware or CPS, so I will lock the tread now, as this forum is only for things related to OpenGD77
While it's good to keep up to date with radio related news, AFIK this does not affect the OpenGD77 firmware or CPS, so I will lock the tread now, as this forum is only for things related to OpenGD77