8. 华为VRP

与大多数通信网络公司一样，华为的主要研发人员投入是在其软件方面。Cisco的系统软件命名为IOS和IOX。华为数通的系统软件为VRP。 VRP是Versatile Routing Platform的缩写。VRP主要是用在华为的路由器(Router)和交换机(Switch)平台(Platform)上。关于VRP的体系结构的资料在网络上基本上不存在。基本上我们知道VRP是一个基于美国Windriver公司提供的Vxworks操作系统的一个网络监控软件系统。2003年1月23日，Cisco正式控告华为的VRP系统软件侵权。侵权行为包含四大部分：

Copying of IOS source code（抄袭IOS的原代码）: Cisco alleges that Huawei has copied portions of the Cisco IOS source code and included the technology in its operating system for its Quidway routers and switches. Huawei’s operating system contains a number of text strings, file names, and bugs that are identical to those found in Cisco’s IOS source code.
Copying of Cisco’s technical documentation（抄袭思科的技术文档）: Cisco alleges that Huawei has copied extensively from Cisco’s copyrighted technical documentation and included whole portions of Cisco’s text in Huawei’s user manuals for Quidway routers and switches.
Copying of Command Line Interface（抄袭思科的命令行界面）: Cisco alleges that Huawei has copied Cisco’s Command Line Interface (CLI) and corresponding screen displays. CLI, a key component of Cisco’s copyrighted IOS software, is the user interface that enables users to communicate with the routers. Extensive portions of Cisco’s CLI and help screens appear verbatim in Huawei’s operating system for its Quidway routers and switches.
Patent infringement（违反专利保护）: Cisco alleges that Huawei is infringing at least five Cisco patents related to proprietary routing protocols and has included these technologies in its Quidway routers and switches.

Cisco当天的原始新闻如下：http://newsroom.cisco.com/dlls/corp_012303.html
Cisco提交的原始法律诉讼文件链接如下：http://newsroom.cisco.com/dlls/filing.pdf

其中除了上述CLI， 原代码等版权方面侵权外，还提出华为VRP触犯专利如下：
专利号码：5088032
专利名称： Method and Apparatus for Routing Communications among Computer Networks.
专利号码：5473599
专利名称： Standby Router Protocol
专利号码：5519704
专利名称： Reliable Transport Protocol for Internetwork Routing.
专利号码：6097718
专利名称： Snapshot Routing with Route Aging
专利号码：6327251
专利名称： Snapshot Routing
专利号码：5088032
专利名称： Method and Apparatus for Routing Communications among Computer Networks.
关于相关的报道可参见：

http://www.lightreading.com/document.asp?doc_id=27356

http://www.lightreading.com/document.asp?doc_id=27297

这场官司在中美高科技领域得到了广泛的关注。众说纷纭。。。。。。

2004年7月28日，结果终于出台。

简单的说，通过第3方独立调查的结果，华为，作为一个公司，并没有有计划的抄袭Cisco的IOS系统软件。但是确实在某部分的代码中，以非预料性的加入了IOS软件相关的部分代码。法庭上最后双方达成的协议是：华为将立刻停止相关产品在美国的 销售。华为要修改相关其VRP系统的CLI(用户命令界面)，用户使用手册和相关的原代码等等。Cisco将停止对华为在专利方面的诉讼。双方各自付自己的法院和律师费用。

读者可以看出，华为在这次知识产权的法律纠纷中是被动的。不认识这一点是不清醒的。

为什么会被动呢？

如果在Cisco提出诉讼的同时，华为由能力同时提交相应的Cisco对华为VRP系统软件版权和(或)华为专利的侵权，这场官司结果将会是另外一个结果。

但是华为在2003年没有这样做。笔者认为，华为是没有能力这样做。没有能力不是指雇不起律师，而是华为在核心技术方面没有发现Cisco有抄袭的嫌疑。在专利方面没有能力约束和控制竞争对手，如反诉讼Cisco的能力。

这就是华为的被动。其根源来自华为真正的生命之源核心技术的缺乏。从而导致了在迈向国际化道路上的举步维艰。。。

笔者认为，这样的事情还会发生在华为或其他中国高科技公司领域。
下面是当天Cisco发布的新闻简报。

http://newsroom.cisco.com/dlls/2004/hd_072804.html

摘要如下：

Cisco Comments on Completion of Lawsuit Against Huawei

Cisco confirmed today the completion of its lawsuit against Huawei Technologies, Co., LTD and its subsidiaries, Huawei America, Inc. and FutureWei Technologies, Inc., that was pending in the United States District Court for the Eastern

District of Texas. Huawei had agreed to change its command line interface, user manuals, help screens and portions of its source code to address Cisco’s concerns. The completion of the lawsuit comes after a third party review of Huawei’s products, and after Huawei discontinued the sale of products at issue in the suit; agreed to only offer for sale new, modified products on a worldwide basis; and submitted its relevant products for review by a neutral third party expert.

“The completion of this lawsuit marks a victory for the protection of intellectual property rights,” said Mark Chandler, Vice President and General Counsel, Cisco Systems. “Innovation is the lifeblood of the industry, and protecting our intellectual property is of paramount importance to Cisco. We are pleased to conclude the litigation as a result of the steps that were taken to address our concerns.”

Cisco filed an intellectual property lawsuit against Huawei Technologies, Co., LTD and its subsidiaries, Huawei America, Inc. and FutureWei Technologies, Inc. on January 23, 2003. The lawsuit was stayed in October 2003, pending the outcome of the neutral third party review process, and the stay was further extended in April, 2004.

下面是华为发出的新闻简报：

http://www.futurewei.com/detail.asp?dt=news&id=56

Huawei Statement: Cisco Huawei Lawsuit Ends

THURSDAY JULY 29, 2004

At 11 p.m. Beijing time on July 28, 2004 (8 a.m. U.S. central time on July 28, 2004), Huawei, Cisco, and 3Com filed a stipulation and order of dismissal with prejudice to the United States District Court, Eastern District of Texas, Marshall Division. This fully and finally resolves the lawsuit brought by Cisco against Huawei.

The order of dismissal with prejudice resolves all of the claims made by Cisco in its lawsuit against Huawei. A “dismissal with prejudice” means that the same or substantially similar claims may not be asserted in another lawsuit in the future. The order of dismissal provides that each party will bear its own costs and attorney’s fees with respect to this dismissal. The content of the settlement agreement is confidential and no party is allowed to disclose it.

Huawei is extremely satisfied with this result. Together with our joint venture Huawei-3Com, Huawei will continue to spare no effort to provide high quality, comparatively low cost and outstanding service to our many customers around the world. To that end, Huawei will continue to vigorously invest in R&D, attach importance to innovation in quality products and customized solutions, respect others’ intellectual property rights while protecting its own, and treasure partnership.

Huawei is pleased to report that, during the past year, sales in the international markets and the data communications area have doubled, and we look forward to continued leadership in the global marketplace. We would like to extend our heartfelt thanks to all of our customers, partners, employees, media and friends from all walks of life.

【附录】

华为是如下介绍VRP系统的：

VRP (Versatile Routing Platform)

“The VRP (Versatile Routing Platform), a fruit of Huawei’s many years of research and application experience in the field of network, is a network OS incorporating Huawei’s proprietary intellectual properties and capable of supporting various network systems of Huawei. It features a powerful IP forwarding engine as its core, and a perfect integration of real time OS technology, equipment and network management technology and various network application technologies through an advanced architectural design. As a scalable platform capable of sustained evolution with open interfaces, it supports a large number of protocols and features with great flexibility. With this platform, you can build an end-end, secure network of high efficiency, great intelligence, and easy manageability. Huawei has obtained a lot of experience in network running through the massive application of its network products and gained sufficient knowledge of various customer requirements. Such experience and knowledge serve as the basis for the design of the VRP so that the platform can adapt to most of the application environments through its support of diverse protocols and features.

The VRP mainly has the following features:

Comprehensively protecting user resources, and guaranteeing reliability, high efficiency, and security of user networks. The VRP provides a large number of security and backup protocols, including access control, authentication, firewall, encapsulation encryption, log function, backup center function, route backup, and load balance. The powerful security encryption function can effectively control user authority and monitor the activities of users. Its simple and practical backup functions ensure the smoothness of communications on the network and the uninterrupted transmission of data. And the load balance function can optimize your use of the network resources and get you the maximum bandwidth.

Providing simple, diverse, and highly efficient configuration, management, and monitoring means. By these means, you can conveniently configure and effectively control network equipment so that you can keep ahead in the time of network and information. With the network management function, you can monitor and manage the running of the whole network simply and effectively. With the command lines configured in a popular worldwide style, you will feel easy in your application. The graphic configuration interface to be implemented soon will enable you to make network configurations in a direct, visual manner. In addition, the platform provides the remote configuration function so that you can remotely configure the router by logging in through TELNET or dialing up via the modem. This facilitates the working for the network management people. Providing a highly effective forward engine Through such advanced technologies as high-speed switching and buffer, the platform improves the packet transfer rate. Its numerous management policies enable you to manage the routing topology of the whole network. Supporting multicast forward, it enables you to adapt to the future requirements for new services, and get you prepared for such applications as voice and IP conferencing applications. Providing voice over IP unit The VRP provides voip unit to introduce enterprise voice capabilities via existing network infrastuctures at extremely-low increment cost with various of interface types, AL,AT0, E&M and E1 in the future.”