Showing posts with label gsm patents. Show all posts
Showing posts with label gsm patents. Show all posts

08 December 2011

UMTS: Truly, you have a dizzying intellect

We have spent a lot of time in recent months studying the specifications for "Uu", the UMTS 3G subscriber interface. The spec is an obfuscated mess and the experts who publish books seem to disagree on a lot of critical details. In fact, the literature is so inconsistent that we are starting a public wiki-based documentation project.



In its basic form (non-HSPA), UMTS can deliver 384 kb/s per channel with up to 4 such channels active at once, assuming good link margins, small delay spreads, good power control, proper phase of moon, low traffic levels in surrounding cells, and generally clean living and happy thoughts on the part of everyone involved. That's just over 1.5 Mb/s on a really, really good day. To do this, UMTS musters just about all of the fancy math that the 1990's had to offer: orthogonal spreading codes (at least, orthogonal until they hit the real world), turbo codes, rake receivers, multisensor diversity demodulators. In exchange for all of this complexity you get roughly half (yes, half) the usable bit rate that you could get from an EDGE-style PSK/TDMA interface in the same bandwidth, except that the PSK/TDMA approach would provide more solid QoS guarantees, use a lot fewer transistors and be more power-efficient due to smaller crest factors in the amplifiers.

So, you might ask, why all of the new complexity if we get no performance advantage? Because simple approaches don't produce enough new intellectual property to keep the usual suspects in business. If you just take the GSM/GPRS/EDGE specification and change some parameters (like symbol rate and number of timeslots) you can get a very efficient, flexible system, but you won't have a much fodder for IEEE papers. Worse yet, you don't generate a lot of new patents, and with a lot of the patents on 2.xG systems expiring early in this decade, the NEPs needed a new gravy train. This complexity also deters small players from building their own UMTS implementations. (We have taken that as a challenge, but then we are unreasonable people.)

And what did UMTS do for the carriers? It nearly killed them. They overbid for the spectrum, barely had enough money left to roll out these really expensive new networks and when it was over they discovered that all their customers really wanted was better coverage and lower bills, neither of which have anything to do with UMTS. (The iPhone later proved that lack of demand for data was mostly due to the carriers' walled-garden approach to the itnernet, but that's fodder for a different post.) The killer app for the next five years turned out to be text messaging and economists got to write lots of papers saying things like "We conclude that the rationalization of bidding in the United Kingdom’s UMTS auction remains problematic." And just as the carriers are starting to recover from UMTS, the usual suspects start pushing the next shiny, new thing: LTE/IMS.


06 May 2009

Some Comments on IMSI-Catchers

Update 30 Jan 2012: Since originally writing this post in mid-2009, there have been some noteworthy developments in this area, the biggest of which is that UK patent case MMI & CellXion, referenced below, went to appeal with the result that the IMSI-catcher was deemed too obvious to patent in light of known prior art. For anyone to claim secrecy here is, I think, becoming something of an intelligence test. Enjoy the original post.

I'm going to comment briefly on IMSI-catchers. These are devices that perform false-basestation attacks on cellular networks, including man-in-the-middle call interception. Here's an example of one.

First, I wrote software for IMSI-catchers in the past. That is now a matter of public record.

Second, the GSM protocol operations of an IMSI-catcher are not trade secrets. The IMSI-catcher was patented by Rohde & Schwarz (R&S) in 2003 under the name "virtual basestation" and the implementation of the device is explained in this patent to a degree sufficient to allow a cellular engineer of reasonable skill to construct one, as is the standard for patent applications worldwide. Most of the patent is in German, but this recent ruling from the UK high court summarizes the R&S patent in English for a non-engineering audience. Moreover, that MMI v. CellXion ruling references an earlier published patent application from Nokia, and although I cannot find a copy of that particular document on the web, the high court clearly accepts its existence. Either way, R&S or Nokia, once something is published in a patent application, it is no longer a trade secret. So here's a quick lesson on IP law as relates to 2G-2.5G GSM IMSI-catching:
  • It's no secret. There are public documents distributed by UK & EU governments that describe how to do it.
  • Even if it were a secret, that secret would belong to Nokia or R&S, because they appear to have started working on that problem not long after the GSM standard was published.
  • If you are selling IMSI-catchers in the UK or Europe without the blessing of R&S, you are setting yourself up for a lawsuit, with MMI v. CellXion as a precedent.
Third, I cannot build IMSI-catchers for anyone outside of a verified US government contract. So the next time some unauthorized party contacts me asking for one, I will publish your contact information in this blog.

Fourth, the most common way to build an IMSI-catcher comes directly from the R&S patent itself and is based entirely on off-the-shelf commercial equipment. Nearly any BTS or BTS simulator can be used as the basis of an IMSI-catcher.

19 January 2009

A Tale of Two Licenses

OpenBTS includes a partial implementation of the GSM air interface, Um, the radio link between a GSM handset and its serving basestation. (By "partial", I mean it includes the minimum set of features to support speech telephony and, in release 2.0 and later, text messaging.)

Now, before I go any further, let me say this it not legal advice. This is my best understanding of a situation based on discussions with some strong authorities in the FOSS world.


Since late September 2008, after some convincing from John Gilmore, all distributions of OpenBTS have been under GPLv3. We like GPLv3. We'd do everything under GPLv3 if we could, but that's a story for a different blog. With OpenBTS there's a catch, though. Even though GSM is a publicly available specification, it is not"open". Many essential elements of GSM are covered by patents. These patents are held by companies like Ericsson, AT&T and Alcatel and are registered in the ETSI IPR database. The current GPL distributions of OpenBTS are offered for only private experimental use, which is generally exempt from patent licensing. Furthermore, OpenBTS is presently distributed as software, not an actual, usable end product. Anyone using OpenBTS is expected to comply with all applicable laws, including patent laws.

But let's say you use OpenBTS in a complete product that provides GSM service. You got the source code under GPLv3. And you have licenses for GSM patents. And you sell your GSM product to network operators. Section 6 of GPLv3 requires that you make the source code available to your customers and Section 11 requires that you extend your GSM patent licenses to anyone to whom you distribute the source code. Because these GSM patent licenses cost money and are granted under limited terms, these requirements appear to be in conflict. (This is not a hypothetical situation, BTW.)

Thankfully, there's a loophole of sorts. Look closely at Section 6. It does not say you must distribute the source code. It just says that you must make sure that people who have your product know where to get that source code. So the key to delivering a commercial GSM system under GPLv3 is to make sure that there is at least one party to distribute the source code who
  1. does not hold GSM patent licenses,
  2. has up-to-date copies and
  3. did not receive that code under GPLv3 from anyone who does hold GSM patent licenses.
Note the compound in requirement (3). A party can meet (3) by receiving the code from a party with no GSM patent licenses or by receiving the code outside of GPLv3. There are two parties in the world who have complete releases of OpenBTS who didn't get it under GPLv3: the authors (Kestrel Signal Processing, Inc.) and the Free Software Foundation, who were granted copyrights on 24 October 2008. Either party could fill the role of the distributor as long as that party does not hold GSM patent licenses.

So, here are some scenarios for equipment providers wanting to use OpenBTS:

  • Kestrel distributes OpenBTS to an equipment provider under GPLv3 and then Kestrel makes the source code available to that equipment provider's customers in compliance with GPLv3. That works as long as Kestrel doesn't hold GSM patent licenses and the equipment provider does not want to add proprietary features.
  • Kestrel distributes OpenBTS to an equipment provider under GPLv3 and the FSF makes the source code available to that equipment provider's customers in compliance with GPLv3. That works as long as the equipment providers' software is identical to some public release of OpenBTS. It does not work if the equipment provider wants to add proprietary features.
  • Kestrel provides OpenBTS to an equipment provider under a different license that relieves the equipment provider of all GPL obligations. This would allow the equipment provider to add proprietary features to OpenBTS and operate with no ongoing reliance on Kestrel or the FSF. It is probably the option that most equipment providers would choose. This would cost money, though, since OpenBTS uses other GPL libraries that would need to be sub-licensed.
And here are some scenarios if the project founders want to get into the equipment business:

  • Kestrel starts producing a complete turn-key GSM box, not just source code. Now Kestrel needs GSM patent licenses, so Kestrel no longer meets requirement (1) and can no longer distribute OpenBTS under GPLv3. But Kestrel could transfer source code to FSF let them distribute it under GPLv3 to preserve the open source project.
  • Kestrels' owners set up a new, distinct company to produce and sell GSMequipment and hold the GSM patent licenses. Kestrel extends a non-GPL license to that new company. This last option preserves Kestrel's ability to release under GPLv3, but still allows the project founders to pursue the equipment business.
Is that complicated enough for everyone?