Author Topic: Mexico Makes Software & Hardware Modification Illegal (including Linux)  (Read 4590 times)

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Offline EEVblogTopic starter

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Offline Brumby

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If it is as black and white as that, then It's pretty clear the members of the Mexican government have sold out - with absolutely no understanding of what such laws would mean.  I can see how a case might have been made to "safeguard" equipment from "hacks", but the legislation appears to have been written so casually that genuine and reasonable practices have, for the most part, been ignored.

This is an (extreme) example of the kind of playing field that Louis Rossmann has been challenging - and is encouraging others to challenge - with his participation in what has been called the Right To Repair "movement".  Those in power want to keep control of everything, including a customer's choices

... and that is rarely beneficial to customers as a whole.
 

Offline RoGeorge

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 :o
I still hope this is fake news, or maybe just something lost in translation because the author of the video says he was using Google translate.

Anybody from Mexico, or with good Spanish, is this really happening?

Offline daqq

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...sooo... yeah... I'm not an expert on Mexican politics, but, maybe they shouldn't outsource writing their legislature to random passerbys.
Believe it or not, pointy haired people do exist!
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Offline jordi

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I'm from Mexico. I grew up in the border. Yes, it is true so far, basically allows for possible censorship of any digital content (like YouTube, in opinion are for those criticizing the government or gov friends), and makes it illegal to modify/repair software and hardware, even if you own it and paid for it. The last one if I read correctly is an attempt to increase the country appealing to foresight companies. This is the aftermath of the new treaty between Canada, USA, and Mexico. Also, there is something going on between US & Mex president, because both are in the campaign. It is very fishy.

The good side is that is almost impossible to implement it. It would require to arrest almost all the population because income is low and almost everybody uses freedom software -if you know what I mean- and cheap, repaired/modified electronics (especially to watch free tv and refurbished smartphones).
 

Offline EEVblogTopic starter

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Much of what has been reportedly done here is what the Australian government has been trying to get done for many years now.
The infamous saying:
https://www.newscientist.com/article/2140747-laws-of-mathematics-dont-apply-here-says-australian-pm/
 

Offline james_s

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Much of what has been reportedly done here is what the Australian government has been trying to get done for many years now.
The infamous saying:
https://www.newscientist.com/article/2140747-laws-of-mathematics-dont-apply-here-says-australian-pm/

LOL

Maybe the government should just ban some of the laws of physics and thermodynamics, think of all the money people could save with those out of the way!  :-DD
 

Offline RoGeorge

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Someone from another site found a link to the law, saying there's nothing there to forbid, for example, a Linux install over a former Win10.  This is the text:

http://www.diputados.gob.mx/LeyesBiblio/pdf/LFPPI_010720.pdf



LATER EDIT:

My bad for not checking myself before reposting the pdf link, sorry.

The video description is linking to this webpage:  https://www.xataka.com.mx/legislacion-y-derechos/reparar-tu-smartphone-instalarle-rom-sera-delito-mexico-nueva-ley-que-proteje-candados-digitales-explicada

and the webpage is linking to a pdf text of the law that returns err 404, but apparently has a different number than the one about industrial IP and patents:  http://www.diputados.gob.mx/LeyesBiblio/pdf/122_240120.pdf
« Last Edit: July 08, 2020, 07:22:33 pm by RoGeorge »
 

Offline joseph nicholas

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Mexico is a country of nail salons and pawnshops.  This law is just a formality.  Enforcement is a different story.
 

Online Bud

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While it is a formality, you can't have a legal business then... At least not of a size enough to be visible.
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Online SiliconWizard

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If I understand correctly, this all comes from the new Copyright law, which basically mimicks that of the US, and the "you can't fix your own gear" or "you can't install another OS" due to it seems to essentially be fake news.

https://www.contxto.com/en/mexico/reforms-copyright-law-mexico/

I didn't study it carefully though. Do not hesitate to point out factual points in this new law that would lead to what's being claimed here.
 
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Offline vodka

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T
Someone from another site found a link to the law, saying there's nothing there to forbid, for example, a Linux install over a former Win10.  This is the text:

http://www.diputados.gob.mx/LeyesBiblio/pdf/LFPPI_010720.pdf


This document  is about a  law of Industrial Property .  On any site said that is banned to install linux o fixing PC , the information is a brazen FAKE.

Now i quoted the Tome 7 and  some  their articles:

Quote
SEVENTH TITLE

Of Offenses, Administrative Sanctions and Offenses

Chapter I

Of Administrative Offenses and Sanctions

Article 386.- The following are administrative offenses:

I.- Perform acts contrary to the good uses and customs in the industry, commerce and services that involve
unfair competition and that are related to the matter that this Law regulates;

II.- Carry out, in the exercise of industrial or commercial activities, acts that cause or induce the public to
confusion, error or deception, to make believe or unfoundedly suppose:

a) The existence of a relationship or association between an establishment and that of a third party;
b) That products are manufactured under specifications, licenses or authorization of a third party;
c) That services are provided or products are sold under the authorization, licenses or specifications of a third party, or
d) That the product in question comes from a territory, region or locality other than the true place of
origin, so as to mislead the public as to the geographical origin of the product;

III.- Attempt or achieve the purpose of discrediting products, services, industrial or commercial activity or
the establishment of another. It will not be included in this provision, the comparison of products or services that
protect the brand for the purpose of informing the public, provided that such comparison is not biased, false or
exaggerated in the terms of the Federal Consumer Protection Law;

IV.- Make those that are not appear as patented products. If the patent has expired or was declared void, the infringement will be incurred after one year from the expiration date or, where appropriate, from the date in which the declaration of nullity is required;

V.- Manufacture or elaborate products protected by a patent or by a registration of utility model or design industrial, without the consent of its owner or without the respective license;

VI.- Offering for sale, putting into circulation or using products that incorporate a patented invention, without consent of its owner or without the respective license;

VII.- Using patented processes, without the consent of the patent owner or without the respective license;

VIII.- Offering for sale or putting into circulation products that are the result of the use of processes patented, which were used without the consent of the patent owner or whoever had a license to exploitation;

IX.- Offering for sale, putting into circulation or using products covered by a utility model registration, without consent of its owner or without the respective license;


X.- Offering for sale, putting into circulation or using a product that incorporates a registered industrial design, without the consent of its owner or without the respective license;

XI.- Use an industrial design that does not differ significantly or combinations of characteristics of a protected industrial design registration, without the consent of its owner or without the respective license;

XII.- Reproduce a protected layout design, without the authorization of the owner of the registration, in its entirety or any part that is considered original by itself, by incorporation into an integrated circuit or otherwise;

XIII.- Import, sell or distribute in violation of the provisions of this Law, without the authorization of the owner of the registration, in any form for commercial purposes:

a) A protected layout design;
b) An integrated circuit in which a protected layout design is incorporated, or
c) A good that incorporates an integrated circuit that in turn incorporates a protected layout design illegally reproduced;

XIV.- To misappropriate information that is considered an industrial secret, without consent of the person exercising legal control or their authorized user, to obtain an advantage competitive market, or perform acts contrary to the good uses and customs in industry, commerce and
services involving unfair competition;

XV.- Produce, offer for sale, sell, import, export or store products or services that use a trade secret, when the person carrying out said activities knew or had reasonable reasons to
know that the trade secret was used without the consent of the person exercising legal control or its user authorized and contrary to the good uses and customs in the industry, commerce and services that involve
unfair competition;

XVI.- Put for sale or in circulation products or offer services, indicating that they are protected by a trademark without being. If the trademark registration has expired or has been declared null or canceled,
will incur an infringement after one year from the expiration date or, if applicable, from the date on which the corresponding statement;


XVII.- Use a brand similar in degree of confusion to another registered, to protect the same or similar products or services that are protected by the registered company;

XVIII.- Using, without the consent of the owner, a registered trademark or the like in a degree of confusion such as element of a trade name or of a denomination or company name, or of a domain name or vice versa,
provided that said names, names or company names are related to establishments that operate with the products or services protected by the brand;

XIX.- Use as trademarks the names, signs, symbols, acronyms or emblems to which the sections VII, VIII, IX, XII, XIII, XIV, XV, XVI, XVII and XX of article 173 of this Law; as well as those that are
contrary to public order or contrary to any legal provision;

XX.- Using a previously registered trademark or similar in degree of confusion as a commercial name, name or company name or domain name or as parts thereof, of a natural or legal person whose
activity is the production, import or commercialization of goods or services equal or similar to those The registered trademark applies, without the consent, expressed in writing, of the owner of the trademark registration or the
person who has powers to do so;

XXI.- Using a registered trademark, without the consent of its owner or without the respective license, in products or the same or similar services to which the brand applies;

XXII.- Offering for sale or putting into circulation products to which a registered trademark is applied and that said products or their labeling have been altered;

XXIII.- Offer for sale or put into circulation products to which a registered trademark is applied, after have partially or totally altered, replaced or suppressed it;

XXIV.- Use the combination of distinctive signs, operational elements or image, which allow identifying products or services the same or similar in degree of confusion to others protected by this Law and that by their use
cause or induce the public to believe or assume a non-existent association with whoever accredits the right;

XXV.- Failure to provide the franchisee with the information referred to in article 245 of this Law, provided and when the term for it has elapsed and it has been required;

XXVI.- Using a registered commercial notice or a similar one in a degree of confusion, without the consent of your holder or without the respective license to advertise goods, services or establishments the same or similar to those
apply the notice;

XXVII.- Using a commercial name or a similar one in degree of confusion, without the consent of its owner or without the respective license, to cover an industrial, commercial or service establishment of the same or similar
business, within the geographical area of ​​the effective clientele or in any part of the Republic, in accordance with the established in article 206 of this Law;

XXVIII.- Using an identical commercial name or one similar in degree of confusion to another previously used by a third party, to cover an industrial, commercial or service establishment of the same or similar line of business, within
of the geographical area of ​​the effective clientele or in any part of the Republic, in accordance with the provisions of the article 206 of this Law;

XXIX.- Using without a corresponding use authorization a designation of origin or geographical indication protected;

XXX.- Using a name or indication identical or similar in degree of confusion to a name of origin or protected or foreign national geographical indication recognized by the Institute, to protect them or
similar products. The use of the denomination or indication in services is included in this assumption;

XXXI.- Use the translation or transliteration of a designation of origin or national geographical indication protected or foreign recognized by the Institute, to protect the same or similar products. It is included in
this assumption, the use of the denomination or indication in services;

XXXII.- Produce, store, transport, distribute or sell identical or similar products to those are protected by an appellation of origin or national protected or foreign geographical indication
recognized by the Institute, using any type of indication or element that creates confusion in the consumer on its origin or quality, such as "genre", "type", "manner", "imitation", "produced in", "with manufacture in" or
similar others,

and XXXIII.- Other violations of the provisions of this Law that do not constitute crimes.


Chapter II

Of the Offenses

Article 402.- The following are crimes:

I.- Falsifying a brand for commercial speculation purposes.

For the purposes of this Law, counterfeiting shall be understood as using an identical trademark or in such a way that it cannot
distinguish in its essential aspects from a previously registered or protected by this Law, without authorization of its legitimate owner or its licensee, to falsely represent a product or service as original or
authentic.

To prove the counterfeiting, it will suffice that the mark is used identically or in such a way that it cannot distinguish itself in its essential aspects from how it appears represented in the registration title or,
 where appropriate, in the resolution that estimates or declares its notoriety or fame;


II.- Producing, storing, transporting, introducing into the country, distributing or selling for commercial speculation purposes, objects that bear trademark counterfeits, as well as knowingly contributing or providing materials
bonuses or supplies intended for the production of objects bearing such counterfeits;

III.- Disclose to a third party an industrial secret, which is known by reason of their work, position, position,performance of their profession, business relationship or by virtue of the granting of a license for their use, without
consent of the person exercising legal control or its authorized user, having been prevented from confidentiality, with the purpose of obtaining an economic benefit for himself or for the third party or in order to cause
damage to the person who keeps the secret;

IV.- Seizing an industrial secret without right and without the consent of the person exercising its control legal or its authorized user, to use or disclose it to a third party, in order to obtain a benefit
economic for itself or for the third party or in order to cause damage to whoever exercises legal control or to its user authorized;

V.- Use the information contained in an industrial secret, which you know by virtue of your work, position or position, exercise of their profession or business relationship, without the consent of the person exercising
their legal control or of its authorized user, or that it has been revealed to him by a third party, that he did not have the consent of the person exercising legal control or its authorized user, in order to obtain a
economic benefit or in order to cause damage to whoever exercises legal control of the industrial secret or its
authorized user;


VI.- To appropriate, acquire, use or unduly disclose an industrial secret through any means, without consent of the person exercising legal control or of its authorized user; for the purpose of causing you harm or
obtain an economic benefit for himself or for a third party;

VII.- Producing, storing, transporting, distributing or selling products of national origin that have a protected designation of origin that does not have the corresponding certification in terms of the Standard
Applicable Mexican Official, with the purpose of obtaining an economic benefit for himself or for a third party.
It is included in the previous assumption, to perform any act of customs clearance related to the product, before the competent authorities, for entering or leaving the country.
There will be no criminal liability when the corresponding Mexican Official Standard is not in force or the respective conformity assessment body is not accredited, in terms of legislation
applicable;

VIII.- Produce, store, transport, distribute or sell products of national origin that have a protected geographical indication that does not have the certificate of compliance with the respective rules of use,
with the purpose of obtaining an economic benefit for himself or for a third party.

It is included in the previous assumption, to perform any act of customs clearance related to the product, before the competent authorities, for entering or leaving the country.
There will be no criminal liability when the person responsible for issuing the certificate of compliance with the respective rules of use, in terms of the applicable legislation.
The crimes provided for in sections I to VI of this article will be prosecuted for a complaint by the offended party. The crimes contemplated in sections VII and VIII will be prosecuted ex officio or by complaint.

Article 403.- In the case of the crimes provided for in sections I, II, VII and VIII of article 402 of this Law, they will impose three to ten years in prison and a fine of two thousand
to five hundred thousand units of measurement and updating, in force at the time the crime is committed.

Whoever commits any of the crimes indicated in sections III, IV, V or VI of article 402 of this Law, will be it will impose from two to six years in prison and a fine in the amount of one
 thousand to three hundred thousand units of measurement and update, effective at the time the crime is committed.

Article 404.- It will be imposed from two to six years in prison and a fine of one thousand to one hundred thousand units of measurement and
update, effective at the time the crime is committed, to which it sells to any end consumer on the way or in public places, intentionally and for commercial speculation, objects bearing counterfeits of
brands protected by this Law.

If the sale is made in commercial establishments, or in an organized or permanent way, they will be imposed three to ten years in prison and a fine of two thousand to two hundred and fifty
thousand units of measurement and updating, in force at the time the crime is committed.
The crimes referred to in this article will be prosecuted ex officio.


 
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Offline schmitt trigger

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I attempted to read the document.

Reading a dense legal document is as much fun as getting a root canal without anesthesia.

Therefore I focused  solely on chapter V, which deals essentially with IC layout intellectual property.

Not easy, even reading thru a few pages, the legalese gave me a severe headache.
What I can gather from it, its intended function is to protect the intellectual property of the actual silicon layout within an IC. In other words, if you are planning to copy an IC (i.e the 555), then you have to develop your own, and not simply copy the masks and layers from an established vendor.

I don't see anything wrong with that. At least not with that chapter.

And no, I can't continue. It is too painful to scrutinize the remaining document.
 

Offline RoGeorge

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It's strange that there is no DRM mention, maybe the websites are talking about other law, not the one from the pdf link.
 :-//



LATER EDIT:

My bad for not checking myself before reposting the pdf link, sorry.

The video description is linking to this webpage:  https://www.xataka.com.mx/legislacion-y-derechos/reparar-tu-smartphone-instalarle-rom-sera-delito-mexico-nueva-ley-que-proteje-candados-digitales-explicada

and the webpage is linking to a pdf text of the law that returns err 404, but apparently has a different number than the one about industrial IP and patents, the document about DRM and repair is linked as:  http://www.diputados.gob.mx/LeyesBiblio/pdf/122_240120.pdf
« Last Edit: July 08, 2020, 07:27:06 pm by RoGeorge »
 

Offline vodka

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It's strange that there is no DRM mention, maybe the websites are talking about other law, not the one from the pdf link.
 :-//



LATER EDIT:

My bad for not checking myself before reposting the pdf link, sorry.

The video description is linking to this webpage:  https://www.xataka.com.mx/legislacion-y-derechos/reparar-tu-smartphone-instalarle-rom-sera-delito-mexico-nueva-ley-que-proteje-candados-digitales-explicada

and the webpage is linking to a pdf text of the law that returns err 404, but apparently has a different number than the one about industrial IP and patents, the document about DRM and repair is linked as:  http://www.diputados.gob.mx/LeyesBiblio/pdf/122_240120.pdf

This seems the law

https://www.dof.gob.mx/nota_detalle.php?codigo=5596012&fecha=01/07/2020
 


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