It's not their thought, it's core technology created under PRC registered entities before Singapore switcheroo, which makes their IP PRC origin and under purview of PRC according to PRC law. For actual law, article 13 of PRC 2020 export control. Basically catchall provision / blanket ban hammer (for cases of new tech like AI agent), i.e. presumption of denial / ban.
USA has banned the export of some EDA software from Cadence/Synopsys to China.
Therefore the export-control laws of USA obviously make illegal the export of "thoughts".
An even more clear example if that any US citizen who knows classified information or even just a trade secret of some private company and who would tell that information to China would do something illegal.
In this case China argues that the IP has been created in China and its transfer to Singapore does not make it eligible for transfer to USA.
This is the same argument that USA has used multiple times in the past, e.g. for forbidding ASML to sell equipment to China and for forbidding TSMC to have Chinese customers for its advanced fabrication nodes, despite the fact that in both cases the IP that originated in USA some time ago was only a very small part of the products sold by those companies.
If USA may do this, then China is certainly also entitled to do the same. This is not whataboutism, but both countries must be treated equally, either such actions should be forbidden for both under the international laws, or they should be permitted both to do whatever they please.
There is absolutely no doubt that USA is the country who has invented this concept that its laws can be applied outside its territory and they can be applied to things that are the property of non-US entities, as long as they have any component, no matter how small, which has originally been sold to them, directly or indirectly, by an US entity.
I consider any legal interpretation of this kind as abusive and ridiculous, but no American may criticize a foreign country that does nothing else except imitate what USA does.
As another comment mentioned, comparing "employees trying to selling GPUs to an unauthrorized country" and "CEOs selling a company built on national resources to an outside country" is spherical cows levels of comparison.
Another wrong comment doesn't make being wrong less wrong. CEOs/persons trying to sell controlled technology unauthorized for export by origin country. They are direct legal analogs.
Wrong how? It is your comment that is missing the point. The contention isn't whether USA has export control (you are the one who brought it up), it's whether USA has actually prevented a company from being sold overseas by detaining their owners.
> it's whether USA has actually prevented a company from being sold overseas by detaining their owners.
notably china isnt doing this either: they are barring exit, not detaining, and the reason for barring exit was not reported, so its a stretch to say that its to prevent the sale of the company overseas.
The US:
- makes broad claims of jurisdiction
- has export control, which is listed in the article as a potential reason for blocking the sale, and
- restricts exit from the country when it wants to make sure certain people are available to chat
I dont see whats so exciting about pushing on this specific case. There's an error of, "who's tried to export controlled IP by selling their company to a foreign adversary?"
I dont see what's so exciting about this case that the US definitely absolutely wouldnt take a pretty similar approach to china - bring the CEOs to testify before congress and keep them in the country til the government is satisfied. What's so out of the ordinary that makes this interesting? This is the stuff that goes into work compliance courses.
you might instead want to answer which high tech defense contractor for the US has successfully been bought out by say, iran, china, north korea, or russia, that the US has given the OK on?
I expect there's a lack of data either way. It doesnt come up because people generally move their companies to the US, not out
Although it's true that there's no stated direct link between barring the CEO's exit and Manus's deal, it's not that much of a stretch to say that, specially given China's priors.
Still, I'll concede since that's not what's relevant to me. I'm more curious about the claim that USA would do the same. I can see congress calling the CEO to testify, but keep them in the country until the government is satiafied? How? AFAIK congress has no such power, and the executive may try, and they might be struck down by the courts.
While US has export controls, this wouldn't be a company incorporated, or running, for that matter, in the US (so the Supermicro already doesn't qualify). It would be a company, say, incorporated in the UK. Even if the company started in the US, this, AFAIK, would be unprecedented. Hence the relevance of showing a prior case.
And, make no mistake, I'm not here to say USA is better than China, but these "China is just doing what USA does" claims are getting ridiculous.
US export controls prevent companies from selling controlled tech. If US companies tried o circumvent then they would absolutely be denied, if they did secretly anyway, against, the law of course they'll likely have passport surrendered, i.e. exit ban if flight risk.
Like this isn't complicated, the difference is Manus was full blown retarded enough to transparently circumvent PRC export controls after PRC closed loopholes and politely signalled them to stop, which they didn't, i.e. they broke actual export control laws. Like Manus didn't try to sell, they fucking sold, sign and dotted, despite being told not to, because its against export control laws.
Even US companies rarely this blatantly dense. Americans getting exit banned for selling controlled hardware is LESS serious then what Manus tried to do, i.e. lesser (relative) export control crimes in US getting same treatment.
What are you talking about? Here are the concrete differences:
1. The U.S. has had a long-standing, extremely public policy that you Cannot Sell Nvidia Chips to China since 2022. Supermicro is an American company (based in San Jose, California), and they sold chips to China from 2024-2025, and they got caught, so they were arrested.
2. Manus founders created... an agent harness? And their company was incorporated in Singapore, not in China. And after they sold their Singaporean company to Meta, China decided that selling Singaporean agentic software "violated export controls" (and even the CCP representative couldn't list which supposed control it violated), and detained them all in China and is attempting to force the Singaporean company to unwind the sale.
These are not really comparable. The Supermicro folks are running a company in America and knew ahead of time, for years, that what they were doing violated American export controls. In the case of Manus, they weren't a Chinese company, no one knew they were supposedly violating unwritten export controls, and China decided post-hoc to detain them all and attempt to force the (Singaporean!) company to unwind the sale.
Quite simply this has never happened in corporate America. America is very friendly to corporations and you'd have to be wildly, knowingly in the wrong to get arrested for an M&A deal.