software hardware
Is it forbidden to sell a device that mimicks a third party&#39;s device USB descriptor?
<p>This is a pretty USB specific question, I was redirected here from the technical stack exchange.</p>

<p>I am trying to figure out what the legislation is around the development by company A of a USB peripheral for use by hardware/software developed by company B, where company B developped a peripheral that A's device is a clone of (in term of functionality - they're not stealing the implementation/blueprints). Company B did not consent to anything.</p>

<p>Company B is having its hardware/software check the USB descriptor of the peripheral in various ways before accepting to use it. Vendor ID, Product ID, iManufacturer... Long story short, let's say the product will only function if its USB descriptor entirely mimicks company A's product's USB descriptor.</p>

<p>What does the law say about mimicking USB descriptors ? Is there a uniform law over countries on this subject ?</p>

<p>To give a concrete example, let's consider third party controllers for a video game console. Company B sells consoles, and special USB controllers that use a custom protocol to communicate with their console, which looks for a given VID/PID to try to communicate with the controllers. Company A wants to manufacture third party controllers and sell them. Doing so requires using company A's product's VID/PID, or they can't work. Can they proceed ? What is there to consider ? Are all companies currently doing this breaking the law ?</p>

<p>I suspect contract law will affect the ability to do this.</p>

<p>Terms like "USB" and the associated logos etc are intellectual property (trademarks, copyrights, etc) owned by the <a href="https://www.usb.org/" rel="nofollow noreferrer">USB Consortium</a>. If you don't comply with their terms, you probably cannot describe your product as a USB product.</p>

<blockquote>
  <p>THE USB-IF LOGOS MAY BE USED ONLY IN CONJUNCTION WITH PRODUCTS WHICH HAVE PASSED USB-IF COMPLIANCE TESTING AND ARE CURRENTLY ON THE INTEGRATORS LIST. THIS REQUIRES THAT THE COMPANY BE ASSIGNED A USB VENDOR ID NUMBER.</p>
</blockquote>

<p>Laws rarely address specific technologies, and I would be highly surprised if there is even one law that covers USB, let alone a minor detail such as VIDs. However, there are generic laws intended to protect the consumer (including but not limited to trademarks). If the VID misuse can be described as intentionally misleading to consumers, the product might still be found illegal.</p>
