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United States China Technology

Engineer Who Fled Charges of Stealing Chip Tech in US Now Thrives in China (bloomberg.com) 48

ASML has pressed IP theft allegations against two firms created by 'flagbearer' for China's semiconductor industry. From a report: Few companies are better positioned to benefit from the crippling shortage of computer chips than ASML, a Dutch manufacturer whose equipment plays an integral role in making the world's most advanced semiconductors. But four lines tucked halfway into an otherwise upbeat, 281-page annual report from February hinted at a potentially incendiary problem. ASML accused a Beijing-based firm, regarded by Chinese officials as one of the country's most promising tech ventures, of potentially stealing its trade secrets. Behind the brief disclosure is an extraordinary multiyear tale of intellectual property theft and a broader threat facing the $556 billion semiconductor industry. In the report, ASML said the Chinese company, Dongfang Jingyuan Electron, is related to a defunct Silicon Valley firm, Xtal, which ASML sued for intellectual property theft.

A 2018 trial in California, which received scant attention at the time, provided more detail. Dongfang and Xtal were essentially the same, created a month apart in 2014 by a former ASML engineer named Zongchang Yu, ASML's attorney told the court. The two companies worked in tandem toward the same goal: obtaining ASML's technology and transferring it to China, which is seeking to foster its own semiconductor industry, often at the expense of Western companies, the attorney argued. That technology was secured in sometimes audacious fashion: one engineer was accused of stealing all 2 million lines of source code for critical ASML software and then sharing part of it with Xtal and Dongfang employees in the US and China, according to transcripts of the proceedings. "It's not an accident. It's not anything else," Patrick Ryan, ASML's lead attorney, told the court. "But it is a plot to get technology for the Chinese government."

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Engineer Who Fled Charges of Stealing Chip Tech in US Now Thrives in China

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  • well as long as the big guy gets his 10% all is good.
    • Re: (Score:1, Insightful)

      by saloomy ( 2817221 )
      China has more people than any other country. Their government is willing to flex its' populations market access as a means to get away with murder (in the case of the Uyghurs, literally) when it comes to IP theft, that is the Chinese way. They started with high-fashion, and now are doing the same thing in high-tech. Big surprise? Sleep with the devil, don't be surprised if you get fucked along the way.

      Bribing politicians along the way, helps you evade sanctions or a PR black eye. Maybe even more access
      • Re: (Score:2, Interesting)

        by AmiMoJo ( 196126 )

        IP theft is everyone's way. The French were notorious for bugging Air France flights, the British are known to have hacked European companies to steal commercial data, and Hollywood was only became the hub of the US film industry because it was far enough away from New Jersey patent lawyers to avoid getting sued for the massive amount of IP theft going on.

        IP laws were never really fit for purpose. At best you might be able to stop people selling their product in the same market as you. In practice you need

        • Re:No way... (Score:5, Insightful)

          by codebase7 ( 9682010 ) on Monday June 06, 2022 @11:16AM (#62597170)
          IP has always been an attempt to print money from nothing. There's no basis for it in the universe. Quite the opposite in fact. All information is just a set of instructions to (re-)create / generate a copy of an idea in the mind of an intelligence. Granted the intelligence may not be able to comprehend the instructions with their existing capabilities, but doesn't change the nature of information itself.

          IP on the other hand is an artificial attempt to limit the use of said instructions so that someone may engage in rent-seeking for their use. Like all rent-seeking, such restrictions provide no actual value to a society, only additional costs. So those seeking to build their societies up tend to avoid IP like regulations. While established societies tend to religiously enforce / enact IP regulations in a vain attempt to maintain their dominance. Loose said dominance, and go back to avoiding IP to catch up.

          Currently, the US is on the enforcement side of the IP pendulum and is reaching it's apex before swinging back in the opposite direction. China is taking advantage of this, and bolstering it's society by extracting the wealth that the US denied itself with it's IP enforcement.
          • IP laws do provide value and especially when your comparative advantage is having good ideas and undertaking expensive research
          • IP has always been an attempt to print money from nothing [...] IP [is] an artificial attempt to limit the use of said instructions so that someone may engage in rent-seeking for their use. Like all rent-seeking, such restrictions provide no actual value to a society, only additional costs.

            IP laws reward individuals for coming up with an idea in the first place. it incentivizes creation/innovation.

            there's a reason your grandma doesnt want to share her family's marinara recipe.

        • The French were notorious for bugging Air France flights, the British are known to have hacked European companies to steal commercial data,

          Wow. Never heard of this before.

      • Re:No way... (Score:4, Interesting)

        by hey! ( 33014 ) on Monday June 06, 2022 @02:00PM (#62597628) Homepage Journal

        Look at the level of genuine technological innovation in *Taiwan*, then imagine that level of innovation scaled up to a population 58x as large. You almost *can't*.

        If China weren't such a corrupt, dysfunctional system, it wouldn't need to steal anything. The fact that you can get away with theft really destroys any incentive to create anything new.

  • by aerogems ( 339274 ) on Monday June 06, 2022 @10:29AM (#62597064)

    Was involved in some kind of research study involving the ASML v Xtal case and I felt sorry for Xtal's lawyers. Their entire defense was basically, "We're just the little guy and ASML doesn't like competition." Their lawyer's presentation literally included a slide where they tried to show the relative size of ASML and Xtal in terms of market cap. Except ASML did a pretty damn good job of showing that the engineers who left ASML for Xtal took with them a lot of things they weren't allowed to and those were used in allowing Xtal to get up and running a lot faster. So if the two companies were started by the same person, there's a very good chance they both were bootstrapped using stolen IP.

    That said, ASML is also a dick. By dumb luck I interviewed there a few years back and was literally told "Most of the people here are Chinese, so I'm not sure how well you'd fit in." Then after they finished the interview they just left me sitting in a conference room until I eventually just got up and left on my own, despite them making a big deal about how they don't want any non-employees just wandering around.

    • "Most of the people here are Chinese"... Dude, are you sure you didn't interview with some Chinese clone of ASML? Called AMSL or some such? It has happened before.
      • That's the funny thing, a lot of engineers at hightech companies in the US and Europe are actually Chinese, and a lot of them are the ones that actually invented the stuff that the companies patented.
        • Many LEFT china maybe "for good." I know a top engineer and he was NEVER going back to China. After he retired rich and young in the USA, he went into business in China and made a bunch more money because "it's different over there now" in that if he wants money and knows trade secrets...

        • They invented a way to get rich from the fact they have no morals.

          • You mean like the Americans?
          • by f00zbll ( 526151 )
            Really, you going there? The US has no moral authority over any other country. How many native americans did we kill? How many black people did we enslave, kill and exploit? How many kids are we killing because we vote for cowards who suck on the nuts of NRA? If you call that moral, than yeah China is moral.
  • Funny.. (Score:1, Insightful)

    by SuperDre ( 982372 )
    But the again, as the US is blocking China from buying these machines for their own production, China has to do whatever it needs to do to get it going, it's exactly what the US would do themselves if China had blocked them from using technology they needed to keep their heads up in current society. It's not like these big tech companies don't use knowledge from newly attracted employees they got from other companies.
    • it's exactly what the US would do themselves if China had blocked them from using technology they needed to keep their heads up in current society

      Nah, we'd probably start dropping bombs somewhere in the middle east.

    • Re:Funny.. (Score:5, Interesting)

      by Pinky's Brain ( 1158667 ) on Monday June 06, 2022 @12:09PM (#62597312)

      If they had become democratic allies, they could have gotten the ASML steppers. Trade with China was privilege which was granted under Capitalist Peace theory. It was assumed China would move closer to the west to the point they could become allies, instead they remained totalitarian commies.

      Capitalist Peace theory turned out to be a giant fucking crock of shit, but backing out from this fucking mess has become a little difficult.

      Cold war isolationism was the right approach to deal with ideological enemies all along.

      • Capitalist Peace theory turned out to be a giant fucking crock of shit, but backing out from this fucking mess has become a little difficult.

        Should have been obvious after it failed to stop world war one. Or the siege of Constantinople. Or any of the battles the Venetians were involved in. Or the Italian penninsula wars.

        National security is a requirement for flourishing trade, not the other way around. Once people realize they can punch you in the face and take your stuff, some of them are going to do that.

  • by Viol8 ( 599362 ) on Monday June 06, 2022 @11:21AM (#62597192) Homepage

    A chinese national works in the US then goes home and takes trade secrets with him! Well who would see that coming!

    Honestly, the technical achievement of some western companies is only matched by their staggering naivety when it comes to people.

  • ASML manufactures lithography equipment, the current EUV machines change ownership for 130M and the next generation for 250M... That's a lot to want to be careful about not losing to the Chinese. Parse this through your favourite translation engine if you don't read Dutch: https://nos.nl/artikel/2413670... [nos.nl]

The key elements in human thinking are not numbers but labels of fuzzy sets. -- L. Zadeh

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