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Does this qualify as a CFAA violation? I think so and for monetary gain, no less. I would like to hear why wouldn't the DA that leaned so hard on Swartz wouldn't do the same FTDI's CEO.


Technically the counterfeit devices should have never been allowed into the country. So it should be interesting how this plays out.


Are they actually counterfeit?

Legally, I'd be surprised. They are re-implementing the FTDI protocol, which is completely legal. They are reusing FTDI's PID/VID, which might or might not be a violation of the USB specs or USB recommendations -- I'm not sure about that -- but I'd be really surprised if that matches the legal definition of "counterfeit" for which customs has the right (and duty) to stop imports.


I'm guessing they intended to go after devices sold as FT232s with the FTDI logo on them. If there's collateral damage, that could be a problem.

Then again, the users _did_ agree to let that happen in the clickwrap agreement, so it's still uncertain.

Either way, I'm readying the popcorn. This should be interesting.




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