Ethan hadn't expected that after hearing his explanation, Barbara would immediately sentence MOS Company to death.
Her words were harsh, but he had to admit—her logic made sense.
Even so, Ethan couldn't accept it. I came here begging for help, and you tell me not to save them but to let them die? Who could accept that?
"Madam Barbara," Ethan tried again, "I admit this matter is difficult, and yes, their approach may have been very inappropriate. But since they're all science and engineering people—could you please help me? Maybe look for some loophole we can exploit?"
His persistence made Barbara frown. She turned her head and gave Evelyn a questioning glance.
Catching the signal, Evelyn said, "Madam Barbara, we really are troubling you with this. But we both hope this chip can make it to market so more people can truly enjoy the progress of technology.
And—although I haven't spoken to sir Vinton about this yet, I believe that once he understands the situation, he'll definitely support these engineers in pursuing their dream. After all, you know better than anyone that he's been discussing with you how technology should serve social progress."
Her pleading tone made Barbara smile. She took a deep breath.
"Alright," she said at last. Turning back to Ethan, she continued, "For Vinton's sake—Ethan, tell me everything in detail. This isn't legal consultation right now. Let's just talk as friends. I need to know more."
Since Barbara had said so, Ethan stopped trying to summarize neatly. Instead, he laid out all the information he had learned.
When Barbara heard that most of the 6502 development team had come from Motorola, her eyes suddenly lit up. And the moment she learned that the 6501 infringement issue had actually been disclosed by MOS itself, she shot to her feet.
"Stop," she interrupted sharply, raising a hand to Ethan. "Don't say another word. Follow me."
Ethan and Evelyn exchanged confused looks, but neither asked questions. They simply followed her.
Barbara led them upstairs to her study. It occupied the entire third floor of the house—a spacious room lined with shelves of books, most of them in dark bindings.
The sheer weight of knowledge pressing from the shelves made Ethan feel suffocated. But Barbara was completely at ease.
She pointed toward the middle rows of bookshelves. "On shelves two, three, and four you'll find California state law books. Help me locate the Business and Professions Code. On shelves six, seven, and eight are federal law volumes. See if you can find anything related to the Trade Secrets Protection Act."
Ethan began searching methodically from shelves two through four, then moved to six through eight.
Evelyn mirrored him, working in the opposite direction—starting from eight and moving backward toward two and three.
"Everyone, scan the book titles carefully—don't miss a single one!"
At Barbara's instruction, Ethan and Evelyn immediately got to work.
Although she had only mentioned six bookshelves, each one had two sides and six levels. Together, the three of them spent nearly an hour combing through the shelves.
The result—They found the Business and Professions Code Barbara had mentioned. But among the federal laws, there was nothing related to a Trade Secrets Protection Act.
This made Ethan purse his lips in disappointment. But Barbara actually seemed pleased.
"It looks like I remembered correctly," she murmured to herself.
Ethan glanced at Evelyn, but all he saw was the same confusion he felt. Barbara, however, suddenly grew animated. She carried the ten-volume Business and Professions Code to her desk and began frantically flipping through the index.
About ten minutes later, when she found the section she wanted, she stood up abruptly, pushed the door open, and said, "I need to make a call. You can wait here—or come with me."
"Is this… progress?" Ethan asked with anticipation. His eyes flicked toward the page Barbara had left open, but the dense blocks of text quickly overwhelmed him.
They followed Barbara downstairs to the living room, where she picked up the phone. The call lasted an hour.
At first, she was confirming her memory with the man on the other end:
"Hello, Mr. Edward… yes, this is Barbara… I'm calling because I have a question. Doesn't the United States lack a federal trade secret protection law?
Oh, you remember? In other words, if a company believes a former employee leaked trade secrets, the case must be tried under the laws of the state where the incident occurred?
Alright, thank you…"
Then, Barbara shifted into explaining her theory:
"sir Edward, here's the situation. I have a case—it looks like patent infringement, but I don't want it labeled as that. I want to frame it as a labor dispute, because the alleged infringer is actually the inventor of the patent being infringed.
Yes, yes, exactly as you said—the unique California Business and Professions Code.
Right, so if the business is located in California, the court won't even accept the case, correct?
Perfect, thank you, sir Edward… Yes, if anything comes up, I'll transfer the case to you…"
When Barbara finally hung up, her cheeks were flushed with excitement. She sipped from her teacup, then gestured for Ethan and Evelyn to sit.
With a bright smile, she announced, "Ethan—I've found a solution."
Ethan's heart leapt. "Oh, madam Barbara, so there is room for maneuver in this matter?"
"Of course!" Barbara nodded. "Not only is there room, we can even make it impossible for Motorola to sue."
"How?"
His blunt question made Barbara chuckle and shift her gaze toward Evelyn.
"Oh, Evelyn—is Ethan the most spoiled one in your family?"
"?" Ethan blinked, baffled.
Evelyn smiled and replied, "Yes~ My father definitely favors him more than me."
"No wonder." Barbara gave a knowing nod. "That explains how he asks for things so naturally. You all dote on him too much. That won't do."
"Then please explain" Evelyn walked over and hugged Barbara's arm.
That playful, coquettish look made Barbara laugh. When she turned back to Ethan, he realized he had been anxious. In embarrassment, he said, "madam Barbara, I'm sorry. I really was impatient just now. If I offended you, please forgive me."
Barbara chuckled. "That's better." She waved her hand dismissively. "Alright, I was only joking. Don't thank me—thank Evelyn. If she hadn't brought up Vinton, I wouldn't have called my Prof. . You know, his consulting fees are the highest in the country. Even so, people line up just to get his advice. Because no matter the case, once he takes it on, he can almost always secure a win—guilty or innocent."
"Oh…" Ethan wanted to express his gratitude, but couldn't find the right way.
Barbara's, Edward Williams, was indeed a formidable figure in the American legal world. When The Washington Post became mired in lawsuits for reporting on President Nixon, it was Edward Williams who freed the paper from judicial entanglements. Nixon had fumed and vowed to punish "that bastard Williams." But before he could act, he was forced to give up the presidency to Ford.
Ethan's stunned silence didn't go unnoticed. Evelyn shook Barbara's arm and whispered sweetly, "Barbara~"
"Alright, alright, stop shaking me," Barbara said, shaking her head in mock helplessness. "Let's get back to the point."
She leaned forward. "Ethan, you were right earlier. There are legal loopholes to exploit here. But they're not loopholes in patent law—they're in trade secret protection."
As Barbara explained, Ethan Jones and Evelyn Johnson gradually grasped the legal positioning of the MOS 6502. In other words, they understood that patent infringement falls into two categories: infringement by others and infringement by the original inventor.
"Infringement by the inventor," Barbara continued, "is like Chuck Peddle—he worked on Motorola's 6800 and then developed the MOS 6501.
Infringement by others is when someone with no connection to the 6800 project simply plagiarizes Motorola's product."
And the difference between the two? The latter is blatant infringement. Whatever the motive, the law punishes it without hesitation.
But the former is judged differently. Because when the original inventor is involved, the matter isn't just patent law—it crosses into the realm of trade secret protection.
And that," Barbara's tone grew heavier, "is where the biggest problem lies."
There is currently no federal Trade Secrets Protection Act in the United States. Trade secret protection is determined individually by each state.
For example, California's code states: After employees leave a company, they must protect their former employer's trade secrets and must not disclose them to their new company.
If we apply this law, then Chuck Peddle and his team's development of the MOS 6501 could indeed be considered a case of commercial leakage. Even if the MOS 6502 was modified, it would still involve trade secrets.
In theory, Motorola could sue Chuck Peddle both for patent infringement and trade secret misappropriation.
But—When Peddle himself took the initiative to inform Motorola about the MOS 6501's infringement, and when both sides reached a settlement, the law regarded this as Motorola having acknowledged Peddle's "leak."
So in this situation, unless the settlement agreement explicitly forbade Peddle and his team from further developing the MOS 6501, they could legally continue working on CPUs!
the MOS 6502 was still an infringing product at that stage. But—if Peddle and his team moved MOS Technology to California, or produced and sold the 6502 within California, then their actions would be legal.
Why? Because California law not only protects companies—it also protects individual rights. In California's Business and Professions Code there is a clause:
All contracts that restrict any person from engaging in a lawful occupation are invalid. The flow of talent and the dissemination of ideas within the region should be encouraged, reducing duplication of R&D time and effort between enterprises, ensuring the most efficient use of human capital, and thus improving California's overall economic development.
Therefore—"Ethan, if what you said is true, and Chuck Peddle was indeed the patent owner or an R&D participant of the Motorola 6800, then as long as they sell the MOS 6502 in California, they will be protected by California law."
Barbara smiled and continued: "Peddle's earlier settlement was actually very favorable. Under California law, their actions would be treated as a 'leakage settlement' with Motorola. Unless the settlement document explicitly restricted further development, California's Business and Professions Code essentially treats Motorola as permitting them to re-develop the MOS 6501.
This R&D activity aligns with California's policy of encouraging talent mobility. It matches California's emphasis on reducing wasted duplication of research. And it fits California's ideal of making the most efficient use of human capital.
So, as long as they bring the chip into California, even if Motorola wants to sue, the California courts will not accept the case."
Barbara then added sternly: "Of course, this loophole only applies to patent inventors or invention participants—not just anyone."
He had never imagined California would have such an outrageous law.
Reduce duplication costs by allowing inventors to "self-plagiarize"?
Seriously?! What about the poor capitalists—don't they deserve any face?
Ethan couldn't wrap his head around it. But still—he was stunned.
Note:
① The most recent U.S. trade secret law is the Defend Trade Secrets Act (signed in 2016). Before that, the primary federal framework was the Uniform Trade Secrets Act of 1979.
② California's Business and Professions Code originated in 1915. It contains provisions that support patent holders making micro-innovations, even in areas where they do not hold full patent rights. For many years, this code has been regarded as a key reason for the birth of Silicon Valley. To promote the same concept of talent mobility and competition, the Executive Order on Promoting Competition in the American Economy was signed in 2021, explicitly echoing the spirit of the Business and Professions Code.
③ The methods described above have real-life examples:
Apple vs. Google (Android plagiarism): In the early 1990s, Andy Rubin (later known as the father of Android) worked at Apple and helped create one of the earliest smartphone systems. The project failed at the time for being too advanced, and the patent remained with Apple. Years later, Rubin developed Android and sold it to Google. Steve Jobs insisted Rubin had plagiarized Apple, but the court did not accept the case—because under California law, such micro-innovation was permissible.Oracle vs. Google (Java case): In this decade-long lawsuit, Oracle accused Google of plagiarizing Java. Google's defense was that they had not plagiarized but had instead employed Java developers, who carried their expertise with them. Since Java was originally developed by Sun Microsystems (whose engineers, as mentioned earlier, had moved to Google via Stanford), the court ultimately ruled in Google's favor. The U.S. Supreme Court concluded that Google's use of Java constituted fair use.