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Motorola

Motorola is a leading global supplier of integrated communications and embedded electronic solutions. Motorola solutions include: software-enhanced wireless telephone and messaging, two-way radio products and systems, as well as networking and Internet-access products, for consumers, network operators and commercial, government and public safety customers; end-to-end systems for the delivery of interactive digital video, voice and high-speed data solutions for broadband operators; embedded semiconductor solutions for customers in wireless communications, networking and transportation markets; and integrated electronic systems for automotive, telematics, industrial, telecommunications, computing and portable energy systems markets.

Motorola's Government and Public Safety

Motorola's Government and Public Safety business is the leading global supplier of two-way radio communications including private communications networks, systems, products and services, and integrated communications and information technology solutions. Government and Public Safety customers include: police, fire, emergency medical and public service organizations; local, state and federal governments and military organizations. Motorola's Government and Public Safety business has maintained its #1 position through a broad portfolio of radio systems and services that have a global reach, customer intimacy, operational excellence, and technological supremacy. Motorola employees pay close attention to building and establishing trust; embracing quality; keeping products and services customer focused; and developing and maintaining strong relationships with customers, suppliers, and partners.

What is a Trademark?

1) A trademark is a name, symbol, or other device identifying a product, officially registered and legally restricted to the exclusive use of a specific owner and/or commercial enterprise.

2) A trademark is a distinctive sign which identifies certain goods and/or services as those produced and/or provided by a specific owner and/or commercial enterprise.

3) A trademark is a symbol and/or name that legally represents a commercial enterprise whose right to the exclusive use of that symbol and/or name is, along with patents and copyrights, one of the fundamental intellectual property rights that are the subject of the World Trade Organization TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) agreement.

What is Trademark Infringement?

Trademark Infringement is the unauthorized use, by an individual and/or commercial enterprise, of a registered trademark in connection with the sale of a goods or services where it is likely to cause consumer confusion as to the source of trademarked goods or services and/or as to the sponsorship or approval of the sale of such trademarked goods or services.

What is Copyright?

1) Copyright is a form of protection provided through federal and international law to authors of original works of authorship

2) Copyright protection applies to any and all, original works of authorship

- Computer software, including source and object codes

- Databases (lists of customers, address books, etc.)

- Technical data sheets and reports

- User and service manuals

- Audio and visual works

- Advertising materials

3) Copyright is intended to protect both published and unpublished original works.

4) Copyright gives the copyright owner the exclusive right to authorize others to reproduce/distribute copies and/or prepare derivative works.

What is Copyright Infringement?

Copyright Infringement better known on the Web as Piracy is the unauthorized using, trading, loaning, copying and/or selling of copyrighted materials developed and owned by another person and/or commercial enterprise without the copyright owner express permission.

Why was my auction of Motorola products and/or services halted?

Motorola’s good name and reputation are embodied in and symbolized by Motorola trademarks, especially the MOTOROLA name and/or the Motorola Logo. The Motorola brand on a product is a bond, both emotional and rational, between Motorola and its employees and customers. Because of this, Motorola trademarks are registered and protected under the Lanham Act, 15 U.S.C. 1051 1127, the Uniform Deceptive Trade Practices Act (UDTPA) and World Trade Organization TRIPS agreements. Any and all unauthorized use of Motorola trademarks, especially when used in an attempt to confuse and deceive consumers, will result in the closure of your auction/sale and potential criminal action.

Why was my auction of Motorola firmware and/or two-way radio programming software halted?

Motorola’s Government and Public Safety business registers each version of the firmware and/or software it develops for use with its two-way radio products and systems with the U.S. Copyrights Office. Motorola sees control of the distribution of its copyrighted software as critical to protecting its customer’s safety and investment. The unauthorized use of unlicensed and/or copies of Motorola Radio Service Software (RSS), Customer Programming Software (CPS), Flashcode, etc. is an infringement of the Motorola’s copyright but, more importantly, the programming software, firmware and/or Flashcode being sold may have become damaged through unauthorized copying or through actual intent, its use causing serious damage to the radio it is being used to program. Further, an unauthorized programmed radio could be used to interfere with the proper operation of a government and/or public safety radio system and/or could be used to intercept critical radio communications with criminal intent.

The U.S. Copyrights, Designs & Patents Act 1988 states that the unauthorized duplication of software constitutes copyright infringement, regardless of whether it is done for sale, for free distribution, or for the copier's own use, is illegal. Penalties include liability for damages suffered by the copyright owner up to $100,000 for each software work infringed upon. The unauthorized duplication of software is a U.S. federal crime if done "willfully and for purposes of commercial advantage or private financial gain (Title 18 Section 2319(b))." Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years.

Why was my auction of a Xerox or CDROM-based copy of a Motorola two-way radio manual(s) halted?

The U.S. Copyrights, Designs & Patents Act 1988 also states that the unauthorized duplication of copyrighted literary material including, but not limited to, digitization and distribution of photographs and text from advertising material, catalog sheets, user and/or service manuals constitutes copyright infringement, regardless of whether it is done for sale, for free distribution, or for the copier's own use, is illegal. Penalties include liability for damages suffered by the copyright owner up to $100,000 for each literary work infringed. The unauthorized duplication of literary works is a Federal crime if done "willfully and for purposes of commercial advantage or private financial gain (Title 18 Section 2319(b)); Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years.

Why was my auction of a new, grey market or parts-built Motorola branded two-way radio(s), Motorola encryption module(s) and/or Motorola encryption keyloader(s) halted?

1) Many Motorola branded products were designed by Motorola engineers to the requirements of specific areas of the world and can only be legitimately sold and used in the global location(s) they were designed to operate within. The following is not an exhaustive list but the selling or use of CM140, CM160, CM340, CM360, GM338, GM339, GM340, GM360, GM380, GM398, GM399, GM640, GM660, GM950, GM3188, GM3688, GP68, GP88, GP320, GP328, GP329, GP338, GP339, GP340, GP344, GP360, GP380, GP388, GP640, GP680, GP2000, GP2100, MTX900 (non-US models), MTX960, PRO2150, PRO3150, PRO5150, PRO7150, PRO9150, PRO5350, PRO5450, PRO5550, PRO5750, PRO7350, PRO7450, PRO7550 or PRO7750 radios within North America infringes on Motorola's Intellectual Property and is against United States and Canadian federal laws. These radios were designed for sale and use within Europe-Middle East-Africa (EMEA), Latin America and Asia Pacific commercial two-way radio marketplaces. These radios are NOT Type Accepted for use within North America, by either the U.S. Federal Communications Commission (FCC) or Industry Canada (IC) and, thus, are not normally marked with either an FCC or IC Type Acceptance sticker. Replacing the radio nameplate and/or manufacturer's sticker of one of these radios with one(s) from a similar North American radio does NOT make the re-marked radio Type Accepted for use within North America. Finally, these radios were nor designed nor advertised to be sold as amateur radio units. Neither Motorola's North America sales staff nor its licensed North American radio dealers are allowed to sell these radios within North America for these reasons.

Motorola licensed service shops are not authorized to carryout warranty repairs on these radios within North America because they are considered illegally imported 'grey market' radios; illegally imported radios do not carry a North American warranty. The sale and/or use of a “grey market” radio within North America is against the federal laws of the United States and Canada.

Motorola is aware that unscrupulous persons are smuggling these “grey market” Motorola radios into the U.S. and Canada and are selling them 'as is' or as physically re-marked with North America labeling to unsuspecting North America purchasers. Motorola is working closely with both U.S. and Canada customs and law enforcement authorities to stop illegal “grey market” importation and sale. Persons caught selling “grey market” Motorola radios within North America may be subject to arrest and, if convicted, penalized with up to 5 years in prison and up to $250,000 in fines.

Please Note: If you are a non-North America seller who is selling a non-North America authorized radio(s), please make sure your auction's “ships to” statement declares NON-NORTH AMERICAN COUNTRIES ONLY (Not U.S. or Canada) and that your auction language clearly states that you WILL NOT Sell or Ship the radio to a North America bidder.

2) Only Motorola or a Company licensed by Motorola can legally manufacture two-way radio units that incorporate Motorola intellectual property. There are no individuals or entities licensed by Motorola to legally build and/or sell Motorola branded two-way radios, thus, a seller auctioning a Motorola two-way radio unit built from Motorola parts incorporating Motorola copyrighted Flashcode and/or a modified Electronic Serial Number (ESN) is committing a potential criminal act. Persons proved to be selling illegally manufactured and/or parts assembled two-way radios carrying Motorola trademarks may be subject to arrest and, if convicted, penalized with up to 5 years in prison and up to $250,000 in fines.

Further, a Motorola branded two-way radio unit built from Motorola parts is not Type Accepted for use within North America by the U.S. Federal Communications Commission or Industry Canada, nor is it Type Accepted by any other Global communications certification organization, thus, its use by a purchaser may be considered a criminal act throughout the world.

3) If you are selling a Motorola two-way radio(s) with encryption capability, a Motorola radio encryption module(s) and/or a Motorola radio encryption keyloader(s) and you are located within the United States or one of its Territories, the export/import of such devices is strictly controlled by the U.S. Department of Homeland Security Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE). An export control document must be filed with the ATFE before the export of such products can be made. Further, if you are attempting to import a Motorola two-way radio(s) with encryption capability, a Motorola radio encryption module(s) and/or a Motorola encryption keyloader that was originally exported from the United States, an Import control document must be filed with the ATF before such a shipment can be made.

Your U.S.-based auction listing of an encrypted Motorola product must include a statement that you will only sell and ship to a U.S. buyer or to a non-U.S.-based buyer with a seller filed ATFE export control document. Your non-U.S.-based auction listing of an encrypted Motorola product must include a statement that you will only sell and ship to a non-U.S.-based buyer or to a U.S. buyer with a seller filed ATFE import control document. If these statements are not found on your auction listing Motorola will, at the suggestion of U.S. Department of Homeland Security Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), request that your auction be closed.

Reporting Suspected Piracy, Grey Market Sales or Trademark or Copyright Infringement

To report suspected software piracy, unauthorized grey market sales activity, illegal radio manufacturing and/or any other infringement of Motorola intellectual property, please e-mail details and contact information to: Motorola Government and Public Safety, Manager of Intellectual Property Enforcement, NQCG87@motorola.com. All reports will be kept strictly confidential.

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